Features of the creation and activities of Cossack societies in the Russian Federation. Features of registration of Cossack societies and other non-profit organizations that assist in the development of the Cossacks Cossack organizations of the Russian Federation and their relationship
In recent years, the number of citizens' appeals related to the state registration of Cossack societies has significantly increased. Of course, such an increase in applications and the desire to register a Cossack society are also connected with the peculiarity of our region.
Do not forget the fact that the history of the Russian Cossacks is always directly related to the performance of public service.
However, at the beginning of the formation of the Cossacks, Cossack organizations were created in the form of public associations, whose activities were aimed at preserving the history of the Cossacks, culture, traditions, life, and character. But with the advent of the Basic provisions of the concept of state policy in relation to the Cossacks, approved by the Decree of the Government of the Russian Federation of 04.22.1994 No. 355, prerequisites arose for attracting the Cossacks to carry out state and other services.
In this regard, the adoption of the Federal Law of December 5, 2005 No. 154-FZ “On the Public Service of the Russian Cossacks” and the emergence of the Concept of the State Policy of the Russian Federation in relation to the Russian Cossacks, approved by the President of the Russian Federation on July 3, 2008, were quite justified.
Nevertheless, I would like to note a significant difference between the Cossack society and the Cossack public association.
Based on the provisions of the current Russian legislation, a public association is created to meet the spiritual and other non-material needs of citizens and can unite both citizens of the Russian Federation and foreign citizens and stateless persons. In addition, other public associations that are legal entities may act as founders, members and participants in the activities of such public associations.
One of the essential distinguishing features of the creation of a public association is that, in accordance with the current legislation, its creation is not connected with the fact of its state registration. That is, a public association is considered established from the moment a decision is made on its creation, approval of the charter and formation of governing and control and audit bodies. From this moment, it acquires the rights and bears the obligations provided for by the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, with the exception of the rights and obligations provided for legal entities.
As for the Cossack society, the legislator defines it as a form of self-organization of the citizens of the Russian Federation, united on the basis of common interests in order to revive the Russian Cossacks, protect their rights, preserve the traditional way of life, management and culture of the Russian Cossacks, in accordance with federal law (non-profit organization). Cossack societies are created in the form of farm, village, city, district (yurt), district (departmental) and military Cossack societies, whose members, in the prescribed manner, assume obligations to perform state or other service, and are subject to entry into the state register of Cossack societies in Russian Federation (clause 1, article 6 of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations").
That is, the main subject of activity of the Cossack society, in contrast to the public association, is the acceptance by members of the Cossack society of the duties of carrying out state or other service. While public associations, by virtue of the law, are deprived of such an opportunity.
Article 2 of the Federal Law of December 5, 2005 No. 154-FZ “On the Public Service of the Russian Cossacks” establishes that the Russian Cossacks are citizens of the Russian Federation who are members of Cossack societies. Thus, the legislator associates the concept of "Russian Cossacks" precisely with the membership of persons who consider themselves descendants of Cossacks in non-profit organizations created in the legal form of "Cossack society". Federal Law No. 154-FZ of December 5, 2005 “On the Public Service of the Russian Cossacks” does not apply to the activities of the Russian Cossacks that are not related to public service, including public associations that aim to promote the role of the Cossacks in Russian history, to preserve the traditional way of life of the Cossacks, culture and customs, etc.
Thus, organizations that unite persons who identify themselves as Cossacks, created in other organizational and legal forms, including in the organizational and legal forms provided for by the Federal Law of May 19, 1995 No. 82-FZ “On Public Associations”, do not can be recognized as Cossack societies, and their members (founders, participants) are not entitled to assume obligations to perform state or other service. In addition, they cannot be entered in the state register of Cossack societies in the Russian Federation.
The full-fledged activity of the Cossack society within the framework of the Federal Law of December 5, 2005 No. 154-FZ “On the Public Service of the Russian Cossacks” is associated with the fact that such a society was included in the state register of Cossack societies in the Russian Federation. Only on condition that a Cossack society is entered into the state register of Cossack societies in the Russian Federation, members of this society can be involved in public or other service.
However, the first stage in the formation of the Cossack society is the fact of its mandatory state registration as a legal entity in the form of a non-profit organization. Thus, the current legislation defines two main features that characterize the Cossack society as an independent organizational and legal form.
Firstly, a Cossack society must be registered as a legal entity and have the status of a non-profit organization, which does not allow it to have profit as its main goal. Secondly, the main goal of the Cossack society is the performance of state or other service.
State registration of Cossack societies is carried out in accordance with Art. 13 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Commercial Organizations”, while taking into account the features of such registration, determined by the Federal Law of December 5, 2005 No. 154-FZ “On the Public Service of the Russian Cossacks”.
Features of the creation and activities of Cossack societies in the Russian Federation are also set out in the Methodological Recommendations "Peculiarities of the creation and activities of Cossack societies in the Russian Federation", approved by the Council under the President of the Russian Federation for Cossacks on June 25, 2009.
Article 2 of the Federal Law of December 5, 2005 No. 154-FZ “On the Public Service of the Russian Cossacks” not only defines a Cossack society as a voluntary association of citizens of the Russian Federation in the form of a non-profit organization, but also defines the types of Cossack societies depending on the territorial scope of data organizations, which can be farm, village, city, district (separate), military.
The farm Cossack society is entered in the state register if it includes at least 50 able and willing to carry out state and other service members of the Cossack society. Stanitsa and city Cossack societies are entered in the state register if they include at least 200 such members of Cossack societies. Depending on local conditions, these and Cossack societies can be entered in the state register if they include less than 200 members of Cossack societies.
Khutor, stanitsa and city Cossack societies are united into a district (departmental) Cossack society, if the total number of capable and willing to carry out state and other service members of these Cossack societies is at least 2 thousand. Depending on local conditions, these Cossack societies can be combined into district (departmental) Cossack society, if the total number of their members is less than 2 thousand people
District (departmental) Cossack societies are united into a military Cossack society, if the total number of able and willing to carry out state and other service members of these Cossack societies is at least 10 thousand people.
Members of the Cossack society may be citizens of the Russian Federation who have reached the age of 18, identifying themselves as Cossacks, and citizens of the Russian Federation who voluntarily joined the Cossack society in accordance with its charter and assumed obligations to perform state and other services.
Members of the district (departmental) and military Cossack societies must be members of the farm, stanitsa and city Cossack societies included in them.
As for the procedure for registering Cossack societies, the decision to register them or refuse state registration (if there are grounds provided for in Article 23 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”), as well as all non-profit organizations (with the exception of consumer cooperatives, homeowners' associations, horticultural, gardening and dacha non-profit associations), is adopted by the authorized territorial body of the Ministry of Justice of the Russian Federation at the location of the organization (in this case, this is the Main Directorate of the Ministry of Justice of the Russian Federation for the Stavropol Territory).
The period during which the relevant decision must be made may not exceed 14 working days from the date of receipt of the necessary documents. During the specified period, the territorial body of the Ministry of Justice of the Russian Federation checks the documents submitted for state registration for compliance with current legislation and, in the absence of grounds for refusal, makes a decision on state registration of the Cossack society, which is sent to the body authorized in accordance with Art. 2 of the Federal Law of August 8, 2001
No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" for making an entry in the Unified State Register of Legal Entities.
For state registration of Cossack societies, documents are submitted to the territorial body of the Ministry of Justice of the Russian Federation, the list of which is defined in paragraph 5 of Art. 13 of the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations".
The charter of the Cossack society is adopted at the circle (meeting) of the corresponding Cossack society.
The charter of the district (departmental) Cossack society and the charters of the farm, stanitsa, urban Cossack societies that are part of it are agreed with the interested executive authorities of the constituent entities of the Russian Federation and local governments in terms of the obligations of members of the Cossack society to perform the service assigned by federal legislation and the legislation of the constituent entities of the Russian Federation Federation to the jurisdiction of these bodies.
The charter of the military Cossack society and the charters of the district (departmental), farm, village and city Cossack societies that are part of it are agreed with the interested federal executive authorities in terms of the obligations of members of the Cossack societies to perform the service assigned by federal legislation to the jurisdiction of these bodies.
The charter of the military Cossack society is approved by the President of the Russian Federation.
The charters of district, military and other Cossack societies operating on the territory of several republics within the Russian Federation, territories and regions are approved by the President of the Russian Federation in agreement with the relevant bodies of the republics, territories and regions.
The governing bodies of the Cossack society include the following.
The circle (meeting) of members of the Cossack society or elected from the number of members of the Cossack society determined by the charter is the highest representative body of management.
The Council of Atamans of the Cossack society is a representative governing body.
The board of the Cossack society is the collegial executive body of the Cossack society.
Ataman of the Cossack society (head) - the sole executive body of the Cossack society.
Ataman of a military Cossack society is approved by the President of the Russian Federation after this Cossack society is entered into the state register of Cossack societies in the Russian Federation. If two or more military Cossack societies operate on the territory of a constituent entity of the Russian Federation that are not included in the state register of Cossack societies in the Russian Federation, the ataman is elected by the representative governing body of this Cossack society.
Atamans of districts and territorial departments are appointed by the President of the Russian Federation.
Atamans of the Cossack communities of villages (farms) are elected in the village (farm) Cossack district.
Control over the financial and economic activities of the Cossack society is carried out by the control and audit commission. It cannot include Cossacks elected to the governing bodies of the Cossack society.
The requirements for the execution of documents submitted to the territorial body of the Ministry of Justice of the Russian Federation are determined by the Administrative Regulations for the provision by the Ministry of Justice of the Russian Federation of the state service for making a decision on the state registration of non-profit organizations, approved by order of the Ministry of Justice of the Russian Federation dated December 30, 2011 No. 455.
COSSACK ARMY AS A NON-PROFIT ORGANIZATION
S.P. GRISHAEV
Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" Federal Law No. 107-FZ of June 3, 2009 was amended, in accordance with which new organizational and legal forms of non-profit organizations appeared. Among them, one should point to the Cossack societies.
The history of the Cossacks in Russia is long and dramatic. The first Cossacks appeared in the 16th century. They were based on peasants who fled to the outskirts of Russia from serfdom. Subsequently, they entered into agreements with the rulers of Russia, according to which, in exchange for maintaining their free status, they performed the functions of protecting state borders.
In the thirties of the last century, the Cossacks as a separate social group practically ceased to exist, many of them were repressed.
The movement for the revival of the Russian Cossacks gained wide scope in the 80s of the 20th century. With the adoption of the Law of the RSFSR "On the Rehabilitation of Repressed Peoples" and a number of decrees of the President of the Russian Federation on the implementation of this Law, the movement took on an organized character and outgrew the framework of a social movement. However, the absence of a mechanism for the implementation of these legislative acts and a clearly formulated state policy in relation to the Cossacks did not allow to give a purposeful, constructive character to the movement for the revival of the Cossacks. The fragmentation of the Cossack public associations and their different approach to the problem of the revival of the Cossacks made this work difficult.
On the territory of 56 constituent entities of the Russian Federation, there are currently 10 military Cossack societies that unite more than 600 thousand people in their ranks. Members of the military Cossack societies take part in the protection of forest and land, water, fish and other natural resources, and also contribute to the protection of the state border and public order.
The need to give Cossack societies the status of a legal entity and fix the appropriate organizational and legal form is due to the fact that, in addition to performing other functions, military Cossack societies are engaged in economic activities to a certain extent and participate in civil circulation. At the same time, being an economic entity, their activities are non-commercial in nature, since they are not aimed at making a profit.
According to paragraph 1 of Art. 6.2 of the Law on Non-Commercial Organizations, Cossack societies are recognized as forms of self-organization of citizens of the Russian Federation, united on the basis of a common interest in order to revive the Russian Cossacks, protect their rights, preserve the traditional way of life, business and culture of the Russian Cossacks. Cossack societies are created in the form of farm, village, city, district (yurt), district (departmental) and military Cossack societies, whose members, in the prescribed manner, assume obligations to perform state or other service. Cossack societies are subject to inclusion in the state register of Cossack societies in the Russian Federation.
The following definitions of farm, village, city, district (yurt), district (departmental) and military Cossack societies are given in paragraph 1 of Art. 2 of the Federal Law of December 5, 2005 N 154-FZ "On the public service of the Russian Cossacks":
farm, stanitsa, urban Cossack society - the primary association of citizens of the Russian Federation and members of their families - residents of one or more rural and urban settlements or other settlements, entered in the state register of Cossack societies in the Russian Federation and whose members duly assumed obligations in the performance of public or other service;
district (yurt) Cossack society - a Cossack society that is created (formed) by combining farm, stanitsa and urban Cossack societies;
district (departmental) Cossack society - a Cossack society that is created (formed) by combining district (yurt) Cossack societies and farm, village and city Cossack societies that are not part of the district (yurt) Cossack societies;
military Cossack society - a Cossack society that is created (formed) by merging district (departmental) Cossack societies and operates on the territories of two or more constituent entities of the Russian Federation or on the territory of one constituent entity of the Russian Federation, which is formed as a result of the merger of two or more constituent entities of the Russian Federation Federation.
Thus, as follows from the above, Cossack societies have a vertically fixed structure and at the same time are self-governing organizations.
As in the case of other non-profit organizations, the main goal of the Cossack society is the achievement of socially useful goals. In particular, such a socially useful goal, as noted in the above definition, is the revival of the Russian Cossacks, the protection of their rights. It should be noted that in practice the activities of Cossack societies are much wider. Thus, their usual areas of activity are:
1) protection of public order;
2) protection of ecology, land resources, hunting grounds, forests, fish protection;
3) protection of objects of municipal property, cargo escort;
4) patriotic education of children and youth;
5) liquidation of consequences of natural disasters and rendering assistance to victims;
6) prevention and fight against drug addiction;
7) creation of conditions for mass recreation of residents and organization of arrangement of places for mass recreation of the population, including the organization of joint cultural, sports and other events within the framework of ongoing state and religious holidays, historical events and other events.
According to paragraph 1 of Art. 3 of the Law on non-profit organizations, a non-profit organization is considered established as a legal entity from the moment of its state registration in the manner prescribed by law. State registration of Cossack societies is carried out in accordance with Decree of the President of the Russian Federation of September 21, 2003 N 1096 "On the federal executive body authorized to maintain the state register of Cossack societies in the Russian Federation." This Decree established that the federal executive body authorized to maintain the state register of Cossack societies in the Russian Federation is the Ministry of Justice of the Russian Federation.
In addition, as follows from paragraph 4 of the Decree of the President of the Russian Federation of February 25, 2003 "On improving the activities for the revival and development of the Russian Cossacks", a special decree of the Government of the Russian Federation should be adopted regulating the activities of the federal executive body authorized to maintain the state register Cossack societies in the Russian Federation, but so far no such resolution has been adopted. Decree of the President of the Russian Federation of 09.08.1995 N 835 approved the Temporary Regulations on the State Register of Cossack Societies in the Russian Federation.
In order to be included in the state register of Cossack societies in the Russian Federation, its members, in the prescribed manner, must assume obligations to perform state or other service. These obligations are reflected in the charter of the Cossack society in agreement with the interested federal executive authorities and (or) their territorial authorities, executive authorities of the constituent entities of the Russian Federation and local governments of municipalities, respectively.
Cossack society in accordance with paragraph 2 of Art. 6 of the Law on the Civil Service of the Russian Cossacks, for inclusion in the state register of Cossack societies in the Russian Federation, submits the following documents to the Ministry of Justice:
1) the charter of the Cossack society, adopted at the general meeting (conference) of the Cossack society, agreed with the interested federal executive authorities and (or) their territorial authorities, executive authorities of the constituent entities of the Russian Federation and local governments of municipalities and approved in the prescribed manner;
2) a list of Cossack societies that are part of the district (departmental) Cossack society, military Cossack society;
3) the decision of the general meeting (conference) of the Cossack society on a petition to enter the Cossack society in the state register of Cossack societies in the Russian Federation;
4) a notarized copy of the certificate of state registration of the Cossack society as a non-profit organization;
5) information on the total number of members of the Cossack society, on the number of (fixed) members of the Cossack society who have assumed obligations to perform state or other service. The farm, village, city, district (yurt) Cossack society, when submitting this information, also presents a list of members of the Cossack society who have assumed obligations to perform state or other service.
Like any other non-profit organization, a Cossack society has the right to carry out entrepreneurial activities that correspond to the goals for which it was created. It should be noted that agriculture has always been a traditional activity for the Cossacks, and in this regard, the issue of allocating land to Cossack communities so that they can carry out such activities has been put on the agenda.
A certain step in this direction was made with the adoption of the Regulations on the procedure for the formation of a trust land fund for the provision of land to Cossack societies included in the state register of Cossack societies in the Russian Federation, and the mode of its use, approved by Government Decree of June 8, 1996 N 667. This The regulation determined that the target land fund is created by the executive authorities of the constituent entities of the Russian Federation and local governments on the proposal of the territorial committees for land resources and land management based on the proposals of the Cossack societies (3). According to clause 8 of the Regulations, land plots included in the target land fund are provided at the proposal of the territorial military Cossack society:
a) farm, stanitsa, city and other Cossack societies equated to them in the amounts determined in each specific case:
for the placement of settlements in the border regions of the Russian Federation on the right of perpetual (permanent) use - on the basis of design and technical documentation approved in accordance with the procedure established by the legislation of the Russian Federation;
for collective agricultural use on the right of perpetual (permanent) use - based on the obligations assumed by members of the Cossack societies for the production and supply of agricultural products, raw materials and food for federal and regional needs and taking into account the availability of the Cossack society and its members free land received for these purposes ;
b) members of Cossack societies for individual housing construction and personal subsidiary farming in property or life-long inheritable possession - according to the norms established by local governments.
The unallocated lands of the target land fund are the lands of the Cossack military reserve, and their further use should be carried out in accordance with the established land use regime in agreement with the relevant territorial military Cossack society.
The formation of this fund took place with the aim of providing land plots to Cossack societies to expand their composition, to locate settlements in the border regions of the Russian Federation and for agricultural use, including the production and supply by members of Cossack societies of agricultural products, raw materials and food for federal and regional needs.
However, in practice there were certain difficulties. The situation was not improved by the adoption of the new Land Code of the Russian Federation. In the new land legislation, Cossack societies as participants in land relations are not mentioned in any of the titles on the basis of which land should be provided. It is in this direction that the legislator needs to work and fill the gap in the legislation by adopting amendments and, accordingly, adopting a bill on the Cossacks. In the current situation, it is not clear on what right they can own land, and even more so whether they can dispose of it. This does not apply to those land plots that they had to re-register before January 1, 2004 in connection with the entry into force of the new Land Code of the Russian Federation.
Certain shifts were introduced by the Law "On the turnover of agricultural land", which in Art. 10 defined the title on which plots of agricultural land that are in state or municipal ownership can be transferred to Cossack societies - this is a lease.
Cossack societies as non-profit organizations are created on the basis of membership (clause 1, article 6.2). At the same time, the property transferred to the Cossack society by its members, as well as the property acquired at the expense of income from its activities, is the property of the Cossack society. Members of the Cossack society are not liable for its obligations, and the Cossack society is not liable for the obligations of its members (clause 3, article 6.2 of the Law on non-profit organizations).
Features of the termination of Cossack societies as legal entities are established by paragraph 5 of Art. 6 of the Law on public service of the Russian Cossacks. According to the specified paragraph, a Cossack society may be excluded from the state register of Cossack societies in the Russian Federation in the event of:
1) violations by the Cossack society and (or) its members of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, constitutions (charters) of the constituent entities of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, municipal legal acts;
2) systematic non-fulfillment or improper fulfillment by members of the Cossack society of their obligations to perform state or other service;
3) a decrease in the established (fixed) number of members of Cossack societies who have assumed obligations to perform state or other service;
4) liquidation of the Cossack society as a legal entity.
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Project dossier
Explanatory note
In accordance with paragraph 5.14. Regulations on the Federal Agency for Nationalities Affairs, approved by Decree of the Government of the Russian Federation of April 18, 2015 N 368, and paragraph 28 of the Action Plan for Implementation in 2014 - 2016. The development strategies of the state policy of the Russian Federation in relation to the Russian Cossacks until 2020, approved by order of the Government of the Russian Federation of July 29, 2014 N 1417-r, in order to promote the formation and development of Cossack societies, I order:
2. Control over the execution of this order shall be entrusted to the Deputy Head of the Federal Agency for Nationalities Affairs A.V. Mezhenko.
I. General provisions
1. These guidelines have been developed to facilitate the creation of Cossack societies at various levels, their state registration and inclusion in the state register of Cossack societies in the Russian Federation, as well as to determine the basic requirements and types of reporting of Cossack societies.
2. These recommendations discuss the features of the creation and activities of Cossack societies in the Russian Federation in accordance with the Federal Law of December 5, 2005 N 154-FZ "On the Public Service of the Russian Cossacks" (hereinafter - the Federal Law N 154-FZ) and the Federal Law dated January 12, 1996 N 7-FZ "On non-profit organizations" (hereinafter - Federal Law N 7-FZ).
2.1. Associations of Cossacks, whose activities are based on the Federal Law of May 19, 1995 N 82-FZ "On Public Associations" (hereinafter - Federal Law N 82-FZ), are not entitled to assume obligations to perform state or other service, and they cannot be entered in the state register of Cossack societies in the Russian Federation (hereinafter referred to as the state register).
3. A Cossack society is created in the form of a farm, village, city, district (yurt), district (departmental) and military Cossack society, whose members, in the prescribed manner, assume obligations to perform state or other service.
4. The management of the Cossack society is carried out by the supreme governing body of the Cossack society, the ataman of the Cossack society, as well as other management bodies of the Cossack society, formed in accordance with the charter of the Cossack society.
5. A Cossack society, in accordance with Federal Law No. 154-FZ, is subject to entry into the state register of Cossack societies in the Russian Federation.
6. Before a decision is made to create a military Cossack society, district (departmental) Cossack societies must be created on the relevant territory, which, in turn, are formed by combining district (yurt) Cossack societies and farm, stanitsa and city Cossack societies that are not included in composition of district (yurt) Cossack societies. District (yurt) Cossack societies are created (formed) by combining farm, village and city Cossack societies.
7. The main stages of work on the creation of a primary Cossack society are:
Preparation by citizens wishing to unite in a Cossack society of a draft of the constituent documents (charter) of a Cossack society;
Holding a general meeting (circle) of founders to decide on the creation of a Cossack society, approval of the charter and election of governing bodies;
Approval of the charter by the head of the municipality;
State registration of the Cossack society as a non-profit organization.
II. Creation of the Cossack society
8. The decision to create a non-profit organization in the form of a Cossack society, as a primary association of citizens of the Russian Federation, is taken at a general meeting (circle) of citizens of the Russian Federation living on the territory of this municipality, who consider themselves descendants of the Cossacks and (or) wish to become members Cossack society (hereinafter - the general meeting (circle).
8.2. When deciding on the creation of a primary Cossack society, it should be taken into account that for its subsequent inclusion in the state register, the requirements for the number of members of Cossack societies established by Order of the Ministry of Justice of Russia dated August 24, 2012 N 166 "On the number of members of Cossack societies, in the prescribed manner who have assumed obligations to perform state or other service necessary to enter a Cossack society into the state register of Cossack societies in the Russian Federation "(hereinafter - Order of the Ministry of Justice of Russia N 166), in accordance with which the number of members who, in the prescribed manner, assumed obligations for carrying out state or other service, is at least 20 members for farm Cossack societies and 100 members for stanitsa and city Cossack societies (10 and 30 - for Cossack societies operating on the territory of the Siberian and Far Eastern Federal Districts).
9. To create a Cossack society, the general meeting (circle) must make the following decisions:
On the creation of a non-profit organization in the form of a Cossack society;
On the approval of the constituent documents (charter) of the Cossack society;
On the formation (election) of the bodies of the Cossack society (including the governing bodies, the audit body, the court of honor and the council of the elderly).
10. The decision of the general meeting on the creation of a non-profit organization in the form of a Cossack society is drawn up in a protocol.
10.3. According to paragraph 42 of the Administrative Regulations for the provision by the Ministry of Justice of the Russian Federation of the state service for making a decision on the state registration of non-profit organizations, approved by order of the Ministry of Justice of the Russian Federation of December 30, 2011 N 455 (hereinafter referred to as the Regulations), the minutes of the general meeting containing the decision to create a non-profit organization, on the approval of its constituent documents and on the election (appointment) of bodies (on the formation of governing and control and audit bodies), should include:
date and place of the general meeting;
List of founders - participants of the general meeting;
Information on the quantitative and personal composition (last name, first name, patronymic) of the working bodies (presidium, secretariat and others);
The essence of the adopted decisions and the results of voting on them;
Information (last name, first name, patronymic) on elected (appointed) members of the governing and control and audit bodies;
Surname, initials and personal signature of the chairman and secretary of the general meeting responsible for drawing up the minutes.
11. A district (yurt) Cossack society is created by combining farm, stanitsa and city Cossack societies operating in a given territory, after an appropriate decision is made by the circles of these societies. The decision to create a district (yurt) Cossack society is made by a congress of elected Cossacks (circle) from the farm, stanitsa and city Cossack societies included in it at an average rate of representation, determined based on the total number of members of the district (yurt) Cossack society being created and the number of members in its composition of farm, stanitsa and urban Cossack societies. In accordance with the order of the Ministry of Justice of Russia N 166, the fixed number of members of the district (yurt) Cossack society, who, in the prescribed manner, have assumed obligations to perform state or other service, is at least 300 people (150 people - for Cossack societies operating on the territory of the Siberian and Far Eastern Federal Districts).
12. A district (departmental) Cossack society is created by combining the district (yurt) Cossack societies operating in a given territory, as well as farm, village and city Cossack societies that are not part of the district (yurt) Cossack societies, after an appropriate decision is made by the circles of these societies . The decision to create a district (departmental) Cossack society is made by a congress of elected Cossacks (circle) from the district (yurt) Cossack societies included in it, as well as farm, village and city Cossack societies that are not part of the district (yurt) Cossack societies, according to the average the norm of representation, determined on the basis of the total number of members of the created district (departmental) Cossack society and the number of district (yurt), as well as farm, village and city Cossack societies with guaranteed representation of each primary Cossack society. In accordance with the order of the Ministry of Justice of Russia N 166, the fixed number of members of the district (departmental) Cossack society, who, in the prescribed manner, have assumed obligations to perform state or other service, is at least 1000 people (500 people - for Cossack societies operating on the territory of the Siberian and Far Eastern Federal Districts).
13. A military Cossack society is created by uniting the district (departmental) Cossack societies operating in a given territory after an appropriate decision is made by the circles of these societies. The decision to create a military Cossack society is made by a congress of elected Cossacks from its constituent district Cossack societies at an average representation rate determined based on the total number of members of the military Cossack society being created and the number of district Cossack societies included in it, with guaranteed representation of each primary Cossack society. In accordance with the order of the Ministry of Justice of Russia N 166, the fixed number of members of the military Cossack society, who, in the prescribed manner, have assumed obligations to perform state or other service, is at least 5,000 people (1,000 people - for Cossack societies operating on the territory of the Siberian and Far Eastern Federal Districts ).
III. Constituent documents of the Cossack societies
14. In accordance with paragraph 3 of Article 14 of Federal Law N 7-FZ, the constituent documents of a Cossack society (hereinafter referred to as the charter) must contain the following information:
The name of the Cossack society, indicating the nature of its activities and legal form;
Location of the Cossack society;
The procedure for managing activities;
The subject and goals of the activity;
Information about branches and representative offices;
Rights and obligations of members of the Cossack society;
Conditions and procedure for admission to members of the Cossack society and exit from it;
Sources of formation of the property of the Cossack society;
The procedure for amending the charter;
The procedure for the use of property in the event of the liquidation of a Cossack society;
Other provisions provided for by Federal Law No. 7-FZ and other federal laws.
14.4. Changes to the charter of a Cossack society are made by decision of its highest representative governing body (Cossack circle). The entry into force of such changes is carried out in the same manner and within the same time frame as the approval of the charter of the Cossack society.
15. According to Part 1 of Article 6 of Federal Law N 154-FZ, the charter of a Cossack society, in agreement with the interested federal executive authorities and (or) their territorial authorities, executive authorities of the constituent entities of the Russian Federation and local governments, reflects obligations to bear state or other services that, in the prescribed manner, were taken over by members of the Cossack society.
16. According to paragraph 3.2 of Decree of the President of the Russian Federation of June 15, 1992 N 632 "On measures to implement the Law of the Russian Federation "On the rehabilitation of repressed peoples" in relation to the Cossacks" (hereinafter - Decree N 632), the charters of farm, stanitsa, city, district (Yurt) Cossack societies are approved by the heads of municipalities in whose territories the corresponding Cossack societies are created and operate.
17. Charters of district (departmental) Cossack societies, in accordance with paragraph 3.3. Decree N 632 are approved by the highest official of the constituent entity of the Russian Federation on whose territory the corresponding district (departmental) Cossack society operates, with the exception of the charters of district (departmental) Cossack societies operating in the territories of two or more constituent entities of the Russian Federation.
18. Charters of district, military and other Cossack societies operating in the territories of several republics within the Russian Federation, territories and regions, in accordance with clauses 3.4. and 3.5. Decree N 632, are approved by the federal executive body authorized by the Government of the Russian Federation for interaction with Cossack societies in agreement with the relevant authorities of the republics, territories and regions.
IV. Governing bodies
19. The structure, competence, procedure for the formation and term of office of the governing bodies of the Cossack society, the procedure for making decisions and speaking on behalf of the Cossack society have specific features and are established by the charter in accordance with the legislation of the Russian Federation.
20. In accordance with paragraph 3 of Part 1 of Article 2 of Federal Law N 154-FZ, the management of the Cossack society is carried out by the supreme governing body of the Cossack society, the ataman of the Cossack society, as well as other management bodies of the Cossack society, formed in accordance with the charter of the Cossack society.
20.5. The supreme representative governing body of the Cossack society is the general meeting of the Cossack society (hereinafter referred to as the circle), the main function of which is to ensure that the Cossack society complies with the goals for which it was created (paragraph 2 of Article 29 of the Federal Law N 7-FZ).
20.6. The competence of the highest representative body of management of the Cossack society in accordance with paragraph 2 of Article 29 of the Federal Law N 7-FZ includes the following issues:
Determination of priority areas of activity of the Cossack society, the principles of the formation and use of its property;
Changing the charter of the Cossack society;
Determination of the procedure for admission to the founders (participants, members) of the Cossack society and exclusion from the composition of its founders (participants, members);
Formation of governing bodies of the Cossack society and early termination of their powers;
Approval of the annual report and accounting (financial) statements of the Cossack society;
Making decisions on the creation of other legal entities by the Cossack society, on the participation of the Cossack society in other legal entities, on the creation of branches and on the opening of representative offices of the Cossack society;
Making decisions on the reorganization and liquidation of the Cossack society, on the appointment of a liquidation commission (liquidator) and on the approval of the liquidation balance sheet;
Approval of an audit firm or an individual auditor of a non-profit organization.
20.7. Changing the charter, determining the priority areas of activity of the Cossack society, the principles for the formation and use of its property, the formation of the executive bodies of the Cossack society and the early termination of their powers, as well as the issues of reorganization and liquidation of the society are within the exclusive competence of the circle.
20.8. A circle is eligible if more than half of its members are present. The decision of the circle is made by a majority vote of the members present on it. The decision of the circle on issues of the exclusive competence of the highest representative governing body of the Cossack society is taken unanimously or by a qualified majority of votes.
20.9. Decisions of the circle on issues of its exclusive competence, taken in violation of the established procedure for making such decisions, cannot be considered lawful.
21. In accordance with paragraph 1 of Article 30 of Federal Law No. 7-FZ, the ataman of a Cossack society is the sole executive body of management that exercises the current management of the Cossack society, elected by the circle and accountable to him.
21.10. In accordance with paragraph 1 of Article 30 of the Federal Law N 7-FZ, the competence of the ataman includes the solution of all issues that do not constitute the exclusive competence of other governing bodies of the Cossack society, as defined by the charter.
21.11. In accordance with the Regulations on the Plenipotentiary Representative of the President of the Russian Federation in the Federal District, approved by Decree of the President of the Russian Federation of May 13, 2000 N 849 "On the Plenipotentiary Representative of the President of the Russian Federation in the Federal District", the Plenipotentiary Representative of the President of the Russian Federation in the relevant federal district agrees on the candidacies of atamans of the military Cossack societies elected by the highest representative bodies of management of these Cossack societies.
21.12. In accordance with paragraph 10 of Article 5 of Federal Law N 154-FZ, the candidacy of the ataman of a military Cossack society is approved by the President of the Russian Federation on the proposal of the federal executive body authorized by the Government of the Russian Federation for interaction with Cossack societies.
V. Registration of the Cossack Society
22. State registration of Cossack societies is carried out in accordance with Article 13.1 of Federal Law No. 7-FZ in the territorial bodies of the Ministry of Justice of the Russian Federation, and, in accordance with Article 6 of Federal Law No. 154-FZ, they are subject to entry in the state register of Cossack societies in the Russian Federation.
22.13. The Cossack society is considered to be established as a legal entity from the moment of its state registration in the manner prescribed by law. Unlike public associations, the legislation of the Russian Federation on the Russian Cossacks does not provide for the possibility of carrying out the activities of Cossack societies without state registration.
23. The decision on state registration (on refusal of state registration) of a non-profit organization is made by the federal executive body authorized in the field of registration of non-profit organizations, or its territorial body.
23.14. The documents required for the state registration of a farm, stanitsa, city, and also a district (yurt) Cossack society as a non-profit organization are submitted to the territorial body of the Ministry of Justice of Russia, the district (departmental) and military Cossack society - directly to the Ministry of Justice of Russia no later than three months from the date of the decision to establish such an organization.
23.15. According to paragraph 41 of the Regulations, all documents, except for documents submitted in electronic form and constituent documents of a non-profit organization, are submitted for state registration in two copies, one of which must be an original. The constituent documents of a non-profit organization (charter of a Cossack society) are submitted in three original copies, with the exception of documents submitted in electronic form. Two copies of the charter submitted for state registration must be bound and certified by the signature of the applicant or a notary. Sheets of all copies of constituent documents submitted for state registration must be numbered. Documents containing more than one sheet must be bound, numbered and certified by the applicant's signature on the back of the last sheet at the place of the stitching.
23.16. According to paragraph 5 of Article 13.1 of Federal Law N 7-FZ and paragraph 28 of the Regulations, the following documents are submitted for state registration of a Cossack society:
1) Application for state registration of a non-profit organization upon its creation in form N P11001, approved by order of the Federal Tax Service of the Russian Federation dated January 25, 2012 N MMV-7-6 / [email protected]"On approval of forms and requirements for the execution of documents submitted to the registration authority during state registration of legal entities, individual entrepreneurs and peasant (farm) enterprises."
The application is signed by an authorized person (hereinafter - the applicant), indicating his last name, first name, patronymic, place of residence and contact numbers. According to Article 9 of the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" (hereinafter - Federal Law N 129-FZ), during state registration of the creation of a legal entity (including a non-profit organization), the applicant may to act as the head of a permanent executive body (ataman), or one of the founders of a legal entity.
The authenticity of the applicant's signature is notarized. Only a person who has the right to be an applicant for state registration of a legal entity can apply for such a notarial act.
2) The charter of the Cossack society, prepared taking into account the requirements established by law and the standard form of the charter recommended by the Council under the President of the Russian Federation for Cossack Affairs.
3) The decision of the circle on the creation of a non-profit organization in the form of a Cossack society and on the approval of its constituent documents (charter) indicating the composition of the elected (appointed) bodies.
4) Information about the founders. Information about the founders (individuals and legal entities) is filled in indicating the full name and passport data in the annex to the application form N P11001 for each founder (participant of the general meeting) on a separate form.
5) Document confirming the payment of the state fee. The state fee for the state registration of a legal entity is paid in the amounts provided for in Art. 333.33 of the Tax Code of the Russian Federation. A bank document confirming the payment of the state fee for the state registration of a non-profit organization in the original to the federal budget of the Russian Federation is submitted for registration.
6) Information about the address (location) of the permanent body of the non-profit organization, at which communication with the non-profit organization is carried out. This information is indicated in the corresponding column of the application form N P11001. According to clause 45 of the Regulations, confirmation by the applicant of the specified information with other documents is not required.
7) When a Cossack society uses in the name of a non-profit organization the personal name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright, as well as the full name of another legal entity as part of its own name - documents confirming the authority to use them. Such documents may be notarized statements with consent to their use from the right holders.
23.17. The decision on state registration of a non-profit organization, in the absence of grounds for refusing state registration or suspending state registration of a non-profit organization, is made no later than fourteen working days from the date of receipt of the application and the necessary documents (clause 8 of Article 13.1 of Federal Law No. 7-FZ) and sends to the registration authority (Federal Tax Service or its territorial authority) the information and documents necessary for the registration authority to carry out the functions of maintaining the Unified State Register of Legal Entities (hereinafter referred to as the Unified State Register of Legal Entities). The Federal Tax Service or its territorial body, on the basis of the submitted documents, within a period of no more than five working days from the date of their receipt, makes an appropriate entry in the Unified State Register of Legal Entities and no later than the working day following the day such an entry is made, informs the Ministry of Justice of Russia or its territorial body.
23.18. After the registration procedures are completed, the Ministry of Justice of Russia or its territorial body issues the following documents to the applicant (or a person authorized by power of attorney):
Certificate of state registration of a non-profit organization;
Certificate of making an entry in the Unified State Register of Legal Entities;
Certificate of tax registration;
Extract from the Unified State Register of Legal Entities;
A copy of the charter of the non-profit organization with a mark of registration.
23.19. The grounds for suspending the procedure for registering a Cossack society as a non-profit organization is the submission for state registration of documents drawn up in an improper manner. At the same time, in accordance with paragraph 1.1 of Federal Law N 7-FZ and paragraph 48 of the Regulations, the state registration of a non-profit organization may be suspended once for a period not exceeding three months.
23.20. According to paragraph 1 of Article 23.1 of Federal Law N 7-FZ and paragraph 50 of the Regulations, registration of a Cossack society as a non-profit organization may be denied in the following cases:
If the constituent documents of a non-profit organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation;
If a non-profit organization with the same name was previously registered;
If the name of a non-profit organization offends morality, national and religious feelings of citizens;
If the documents required for state registration are not submitted in full or submitted to the wrong authority;
If a person acting as a founder of a non-profit organization cannot be a founder in accordance with paragraph 1.2 of Article 15 of Federal Law No. 7-FZ;
If the decision to reorganize, liquidate a non-profit organization, to amend its constituent documents or to change the information specified in paragraph 1 of Article 5 of Federal Law N 129-FZ is made by a person (persons) not authorized to do so by federal law and (or) constituent documents of a non-profit organization;
If it is established that the documents submitted for state registration contain false information;
If, within the period established by the decision to suspend state registration, the applicant has not eliminated the grounds that caused the suspension of state registration.
23.21. The applicant shall be informed in writing about the suspension of the procedure for registering a Cossack society as a non-profit organization, about the refusal to register, within three working days from the date of the adoption of the relevant decision, indicating the grounds that led to the adoption of such a decision.
23.22. Denial of state registration is not an obstacle to re-submission of documents for state registration, subject to the elimination of the grounds that caused the refusal.
24. Registration of legal entities in the territorial bodies of the PFR and in the territorial bodies of the FSS of Russia is carried out within a period not exceeding three working days from the date of submission by the registering authority (FTS of Russia) of the information contained in the Unified State Register of Legal Entities (paragraph 1 of Article 11 of the Federal Law of December 15 2001 N 167-FZ "On Compulsory Pension Insurance in the Russian Federation", subparagraph 1 of paragraph 1 of Article 2.3 of the Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood", article 6 of the Federal Law of July 24, 1998 N 125-FZ "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases").
24.23. Registration of legal entities is carried out not on a declarative basis, but on the basis of information from the Unified State Register of Legal Entities received from the registering (tax) authority (clause 3.1 of the letter of the FSS of Russia dated August 23, 2011 N 14-03-11 / 08-9440).
24.24. The territorial body of the PFR and the Regional Branch of the FSS of Russia notify the organization of its registration as an insurer by sending a corresponding notice through the federal postal authorities.
25. The registration of the Cossack society with the territorial body of the Federal State Statistics Service (Rosstat) takes place in the same way as in paragraph 24.
VI. Entering the Cossack Society in the State Register of Cossack Societies in the Russian Federation
26. According to Part 5 of Article 6 of Federal Law No. 154-FZ, the decision to enter a farm, stanitsa, city or district (yurt) Cossack society into the state register of Cossack societies in the Russian Federation is made by the territorial body of the Ministry of Justice of Russia at the location of the relevant Cossack society.
27. In accordance with Part 1 of Article 6 of Federal Law N 154-FZ, farm, stanitsa, city, district (yurt), district (departmental) and military Cossack societies, whose members in the prescribed manner assumed obligations to perform public or other service.
28. To enter a Cossack society in the state register of Cossack societies in the Russian Federation, the ataman of a Cossack society, in accordance with Part 6 of Article 6 of Federal Law N 154-FZ, submits the following documents to the Ministry of Justice of Russia or its territorial bodies:
1) an application for the inclusion of a Cossack society in the state register of Cossack societies in the Russian Federation in the form approved by the body authorized in the field of maintaining the register;
2) the charter of the Cossack society, adopted by the supreme governing body of the Cossack society and approved in the prescribed manner;
3) a copy of the decision of the supreme governing body of the Cossack society certified by the ataman of the Cossack society on the application to enter this Cossack society in the state register of Cossack societies in the Russian Federation;
4) a copy of the decision of the supreme governing body of the Cossack society certified by the ataman of the Cossack society or copies of the decisions of the supreme governing bodies of the Cossack societies that are part of this Cossack society, certified by the ataman of the Cossack society, on the acceptance in the prescribed manner by the members of these Cossack societies of obligations to bear state or other services. The farm, stanitsa, city Cossack society, together with a copy of the said decision, also presents a list of members of the Cossack society who, in the prescribed manner, have assumed obligations to perform state or other service;
5) copies of decisions of the supreme governing bodies of Cossack societies on joining this Cossack society, certified by the ataman of the Cossack society. The farm, village, city, district (yurt) Cossack society, when submitting this information, also presents a list of members of the Cossack society who have assumed obligations to perform state or other service.
29. In accordance with Part 7 of Article 6 of Federal Law N 154-FZ, the Ministry of Justice of Russia or its territorial body, in the absence of grounds for suspending the procedure for entering a Cossack society into the state register of Cossack societies in the Russian Federation or refusing to enter a Cossack society into the specified register, no later than thirty days from the date of receipt of the necessary documents, decides to enter the Cossack society into the state register of Cossack societies in the Russian Federation and no later than three working days from the date of the adoption of the said decision issues a certificate to the ataman of the Cossack society on entering the Cossack society into the state register of Cossack societies in the Russian Federation in the form approved by the body authorized in the field of maintaining the register.
VII. Requirements and types of reporting of Cossack societies
30. In accordance with Part 8 of Article 6 of Federal Law N 154-FZ, a Cossack society entered in the state register of Cossack societies in the Russian Federation annually submits to the Ministry of Justice of Russia or its territorial body information on the total number of members of the Cossack society, on the fixed number of its members who, in accordance with the established procedure, have assumed obligations to perform state or other service, in the form and within the time limits determined by the body authorized in the field of maintaining the register. The farm, village, city Cossack society, together with the specified information, also presents a list of members of the Cossack society who, in the prescribed manner, have assumed obligations to perform state or other service.
31. In accordance with Article 32 of the Federal Law "On Non-Commercial Organizations", a Cossack society is obliged to submit to the appropriate territorial body of the Ministry of Justice of the Russian Federation documents containing a report on its activities, on the personnel of the governing bodies, as well as documents on the expenditure of funds and on the use other property, including those received from international and foreign organizations, foreign citizens and stateless persons. The forms and deadlines for the submission of these documents are currently determined by the Decree of the Government of the Russian Federation of April 15, 2006 N 212.
32. In accordance with clause 3.8. Decree of the President of the Russian Federation of June 15, 1992 N 632 "On measures to implement the Law of the Russian Federation "On the rehabilitation of repressed peoples" in relation to the Cossacks" every year, no later than February 1 of the year following the reporting year, the military Cossack society submits to the authorized Government of the Russian Federation federal executive body for interaction with Cossack societies:
a report on the fulfillment of the obligations assumed by members of the Cossack societies included in it to perform state and other services and other obligations provided for by the charter and other acts of the military Cossack society;
information about the total number of members of each of the Cossack societies that are part of the military Cossack society, as well as the number of their members who, in the prescribed manner, have assumed obligations to perform state and other services;
information about the total number of members of the military Cossack society, as well as the number of its members who, in the prescribed manner, have assumed obligations to perform state and other services;
information about the reorganization (merger, accession, division, separation) of the military Cossack society and its constituent Cossack societies;
information on changes in the structure of the military Cossack society, including the inclusion of new Cossack societies in the military Cossack society, indicating the total number of members of each of these Cossack societies, as well as the number of their members who have assumed obligations to perform state and other services.
Document overview
They examine the features of the creation and activities of Cossack societies at various levels, their state registration and inclusion in the state register. It also provides reporting requirements for Cossack societies.
The first Cossacks appeared in Russia in the 16th century. They were based on peasants who fled to the outskirts of Russia from serfdom. Subsequently, they entered into agreements with the rulers of Russia, according to which, in exchange for maintaining their free status, they performed the functions of protecting state borders.
In the thirties of the last century, the Cossacks as a separate social group practically ceased to exist, many of them were repressed.
The movement for the revival of the Russian Cossacks gained wide scope in the 80s of the 20th century. With acceptance law of the Russian Federation "On the rehabilitation of repressed peoples" and a number of decrees of the President of the Russian Federation on the implementation of this Law, the movement took on an organized character and outgrew the framework of a social movement. However, the absence of a mechanism for the implementation of these legislative acts and a clearly formulated state policy in relation to the Cossacks did not allow to give a purposeful, constructive character to the movement for the revival of the Cossacks. The fragmentation of the Cossack public associations and their different approach to the problem of the revival of the Cossacks made this work difficult. All this necessitated the legal regulation of the Cossack public associations and, accordingly, their allocation as a special kind of legal entities.
AT the federal law dated January 12, 1996 N 275-FZ "On non-profit organizations" federal law dated June 3, 2009 N 107-FZ, changes were made, in accordance with which such an organizational and legal form of non-profit organizations as Cossack societies appeared.
Apart from GC Cossack societies are also regulated federal law
Moreover, as follows from item 4 Decree of the President of the Russian Federation of February 25, 2003 "On improving the activities for the revival and development of the Russian Cossacks", a special resolution of the Government of the Russian Federation should be adopted regulating the activities of the federal executive body authorized to maintain the state register of Cossack societies in the Russian Federation, however, to date no such decision was made. Decree of the President of the Russian Federation of August 09, 1995 N 835 approved Temporary provision on the state register of Cossack societies in the Russian Federation.
In order to be included in the state register of Cossack societies in the Russian Federation, its members, in the prescribed manner, must assume obligations to perform state or other service. These obligations are reflected in the charter of the Cossack society in agreement with the interested federal executive authorities and (or) their territorial authorities, executive authorities of the constituent entities of the Russian Federation and local governments of municipalities, respectively.
According to paragraph 1 of Art. 123.15 Civil Code Cossack societies are recognized as associations of citizens entered in the state register of Cossack societies in the Russian Federation, created in order to preserve the traditional way of life, economic activity and culture of the Russian Cossacks, as well as for other purposes provided for federal law dated December 5, 2005 N 154-FZ "On the public service of the Russian Cossacks", who voluntarily assumed, in the manner prescribed by law, obligations to perform public or other service.
The need to give Cossack societies the status of a legal entity and fix the appropriate organizational and legal form is due to the fact that, in addition to performing other functions, military Cossack societies are engaged in economic activities to a certain extent and participate in civil circulation. At the same time, being an economic entity, their activities are non-commercial in nature, since they are not aimed at making a profit.
As in the case of other non-profit organizations, the main goal of the Cossack society is the achievement of socially useful goals, which are indicated in the definition mentioned above in the most general form.
In addition, their usual areas of activity are:
1) protection of public order;
2) protection of ecology, land resources, hunting grounds, forests, fish protection;
3) protection of objects of municipal property, cargo escort;
4) patriotic education of children and youth;
5) liquidation of consequences of natural disasters and rendering assistance to victims;
6) prevention and fight against drug addiction;
7) creating conditions for mass recreation of residents and organizing the arrangement of places for mass recreation of the population, including the organization of joint cultural, sports and other events within the framework of ongoing state and religious holidays, historical events and other events.
State registration of Cossack societies is carried out in accordance with decree of the President of the Russian Federation of September 21, 2003 N 1096 "On the federal executive body authorized to maintain the state register of Cossack societies in the Russian Federation." This decree establishes that the federal executive body authorized to maintain the state register of Cossack societies in the Russian Federation is the Ministry of Justice of the Russian Federation.
It cannot be overlooked that in GC only registered Cossack societies are mentioned. This is due to the fact that at present a large number of pseudo-Cossack organizations have appeared that use Cossack paraphernalia, but in fact they are not.
The only types of legal entities into which Cossack societies can be transformed are associations and autonomous non-profit organizations.
Social NGOs (Cossack societies)
On August 8, 2016, President of the Russian Federation V.V. Putin signed Decree No. 398, which defines the priority areas for the work of social non-profit organizations, which include Cossack societies. This is a major step in expanding the ability of NGOs to participate in providing concrete assistance to the population. First of all, we are talking about assistance in everyday life, social and medical services, assistance to the disabled and the elderly, assistance in the social adaptation of children, the provision of services in the field of preschool education, and the social rehabilitation of citizens with alcohol and drug addiction.
Today, socially oriented NGOs and Cossack societies, social movements, volunteer organizations make a significant contribution to solving social problems.
Adopted by the deputies of the State Duma at the end of 2013, the Federal Law “On the Fundamentals of Social Services for Citizens in the Russian Federation” created the necessary legal prerequisites for the participation of public organizations in the provision of social services. Hundreds of thousands of volunteers today help those in need in hospitals, hospices and other social institutions.
One of the important priorities is the further expansion of the activities of social non-profit organizations and Cossack societies.
Let me remind you that following the results of the Community Forum, which took place in November 2015, Vladimir Putin proposed a number of specific solutions to support NGOs and Cossack societies.
First, he announced that a special presidential grants program would be launched to support non-profit organizations working in small towns and villages.
Unfortunately, in some regions there are serious difficulties in providing social services due to the lack of an extensive system of medical and social institutions. First of all, this problem is relevant in rural areas. Therefore, supporting socially oriented non-profit organizations working there is a priority for us.
Secondly, for NGOs and Cossack societies that have proven themselves to be impeccable partners of the state, the legal status of a “non-profit organization providing public benefit services” should be established, and a number of benefits and preferences should be provided.
In June 2016, the deputies of the State Duma adopted a law regulating the activities of NGOs and Cossack societies providing public benefit services. According to this Law, subject to a number of conditions, non-profit organizations will be able to receive financial support for their activities from the state budget.
The implementation of the Law begins with January 1, 2017. But already at present, about 200 organizations in 63 regions are included in the registers of social service providers.
Thirdly, Vladimir Putin set the task of gradually increasing the quota for non-profit organizations to 10% of the funds of regional and municipal social programs so that NGOs could participate in the provision of social services financed from the budgets.
In addition, it was supposed to launch a mechanism of state order for the provision of relevant services. It is also necessary to take a number of measures aimed at tax and property support for socially oriented non-profit organizations.
Finally, it is necessary to expand support for resource and volunteer centers and social innovation centers that provide assistance to social NGOs.
With regard to the priority areas of work of non-profit organizations designated by the President of Russia, the Government of the Russian Federation established on their basis a list of 20 publicly useful services and developed criteria for assessing the quality of their provision. This list has become the tool that will make it possible to seriously influence the quality and level of accessibility of social and medical services for all citizens of Russia.
Sergey Baev
