The charter of a public institution sample. Founders and charter of a public organization. Activities of a public organization

The main constituent document of a public association is its Charter. The charter of a public association must provide for:

Name, goals of the public association, its organizational and legal form;

The structure of the public association, its governing and control and auditing bodies, the territory within which this association operates;

Conditions and procedure for joining and leaving a public association, the rights and obligations of members of this association (only for associations that provide for membership);

The competence and procedure for the formation of the governing bodies of the public association, the terms of their powers, the location of the permanent governing body;

The procedure for introducing amendments and additions to the charter of a public association;

Sources of formation of funds and other property of a public association, the rights of a public association and its structural divisions for property management;

The procedure for the reorganization and liquidation of a public association.

In addition to the listed mandatory requirements, the charter of a public association may provide for other provisions that do not contradict laws and relate to the activities of the association.

In addition to the charter, the supreme governing body of a public association may adopt other constituent documents: declarations, policy statements, concepts of the organization, etc., affecting issues of the activities of associations that are not covered in its charter.

The Law "On Public Associations" provides for restrictions on the creation and activities of public associations: "the creation and activities of public associations whose goals or actions are aimed at forcibly changing the foundations of the constitutional order and violating the integrity of the Russian Federation, inciting social, racial, national or religious hatred" are prohibited. .

An exemplary charter and regulation are given in the annexes.

It is desirable that the initiative group prepares in advance a draft charter (regulations) of the student organization, taking into account their wishes, the specifics of the university and the area where it is located, taking into account the wishes of all interested people. The ideal option is when the draft charter (regulations) will be received by all participants of the meeting before it starts.

The adoption of the charter (regulation) is carried out by 2/3 of the votes of the founders of the organization, that is, from those who voted "for" on the first issue of the agenda, it is from this number that the majority is considered. For example, 35 people voted for the creation of an organization.

human. This means that the number of founders is 35. When approving the charter (regulations) of the student organization, 31 people voted "for", 2 - "against", 2 - "abstained". Thus, the charter (provision) is accepted, since 31 people are more than 2/3 of 35 people, although at the same time 100 people can be present in the hall at the meeting along with the guests.

On other issues, except for the election of the governing body, decisions are made by a simple majority of votes, unless otherwise provided in the charter (regulation) of the student organization (for example, the regulation may provide that the head of the organization (chairman, president, etc.) is elected whoever receives a majority of at least 2/3 of the votes at the meeting).

Another important rule that will come in handy in any meetings of the organization: if you bring up a rather voluminous document written on more than four pages, then for a more effective discussion and to take into account all opinions, first put to a vote the question of who is for what to accept the proposed project as a basis. If the majority is in favor, then they move on to discussing amendments to the draft. Each amendment (addition, change) introduced is discussed and voted, and it is better to accept and discuss the amendments in order, that is, first the amendments to the first paragraph (or the first chapter, section) of the draft, then to the second, etc. The amendment is adopted if the majority of the members of the organization present at the meeting voted for it. After discussing all the amendments and making decisions on them, the draft document, taking into account the adopted amendments, is put to a vote as a whole. As a result, the document is considered adopted taking into account all the amendments, if, when voting as a whole, the majority (simple or 2/3) of the members of the organization present voted for it again. The last vote is necessary, because after the adoption of a number of amendments, the draft may change so much that those who voted for accepting it as a basis in its original form will not agree with the amended version, considering it fundamentally different.

The next issue of the constituent assembly is the approval of the action plan of the student organization.

The initiative group must prepare a draft plan in advance.

Despite the pre-prepared draft plan, the role of the constituent assembly is not diminished in the least, since in practice very interesting proposals are received during such meetings, sometimes radically changing certain provisions of the project.

The procedure for accepting the plan is similar to the procedure described for cases of accepting large documents. First, a draft plan is taken as a basis. Then all amendments are considered. As a result, the issue of adopting the plan as a whole, taking into account the approved amendments, is put to a vote.

The next issue on the agenda is the election of the head (leader) of the organization. As mentioned above, this issue may not be on the agenda if the charter (regulations) of the student organization states, for example, that the activities of the organization are managed by the council, which elects the chairman of the council from among its members. In this case, you should immediately proceed to the election of the governing body of the organization, that is, in our example, the council of the organization.

The charter (regulation) may indicate that the activities of the organization are managed by a council headed by a chairman, who in turn is elected at a general meeting.

Let us consider in more detail the scheme for electing the head of the organization at the meeting. Since we are dealing with a public organization, we must take into account the fact that even if the initiative group conducts some kind of nomination of candidates for the position of the head of the organization in advance, organizes something like an election campaign, the main action takes place at the meeting anyway. For, according to the statutory norms, any member of the organization has the right to nominate any number of candidates, including himself. The Assembly is obliged to give each candidate some time to speak. If there are quite a lot of candidates (more than four), then it makes sense to limit the number of speakers campaigning for one or another candidate, for example, no more than three campaigning for a candidate. It is also possible to limit the number of those who oppose one or another candidate, for example, no more than three against a candidate.

If the nominated candidate has withdrawn himself, then it makes sense not to consider his candidacy and not to put it to the vote.

After discussing the candidates, the question is decided whether the leader will be elected openly or secretly. Whatever the majority of the meeting votes for, then the voting will be organized in the future.

Secret voting differs from open voting in that, in the first case, ballots are prepared with the written names of the candidates whose inclusion in the ballot for secret voting was voted by the meeting. That is, before preparing ballots for secret ballot, the meeting decides to include each candidate on this ballot. Why put a candidate on the ballot if the assembly votes against it in advance by a majority of votes? When voting on the issue of introducing candidates to the ballot for secret ballot, each member of the organization has the right to vote "for" as many times as necessary.

After the ballots with the list of all candidates introduced by the decision of the meeting (and not all nominated) are prepared and distributed to the participants of the meeting, everyone is obliged to underline or put a "tick" (or other sign that will be agreed upon at the meeting) next to that name, for the candidate which he votes. Here, each member of the organization can vote for only one candidate, since there is only one vacant position.

Ballots are dropped into a box, which is previously closed and sealed with the signatures of the members of the counting commission (in case of secret voting, the election of the counting commission is mandatory, moreover, the person whose candidacy is included in the voting ballot cannot be a member of the counting commission).

After everyone has voted and dropped their ballots into the ballot box, the counting commission opens the box. It determines whether there are extra ballots or not of the same type that were issued to the meeting participants. Then the "normal" ballots are counted. Their number should be more than 50% of the number of participants in the meeting - members of the organization, since it is impossible to make a decision if no more than 50% of the members of the organization or members of the governing body who make the decision are present during the voting. That is, in our example, if the number of founders was 35, then the number of ballots must be at least 18. Next comes the counting of votes cast for one or another candidate. The one for whom at least 2/3 of those who participated in the vote voted for is considered elected, unless another majority is established by the charter (regulations) of the student organization. For example, if in our case the number of ballots was found in the box 18, then the elections took place and the winner is the one who received at least 12 votes.

In the case of open voting, no additional work needs to be done. After all candidates have been nominated and there are no self-withdrawals, a vote is held for each candidate, and only "for" votes can be counted. Again, as in the case of the secret ballot, each member of the organization has the right to vote "yes" only once, since there is only one vacant position. The winner is the one for whom at least 2/3 of the members of the organization - participants of the meeting voted, unless another majority is established in the charter (regulation) of the student organization. In our example, with the number of participants in the meeting - members of the organization 35 people, the winner is the one who received at least 24 votes.

You probably noticed the difference in how many wins come with secret and open voting. This is due to the fact that with open voting, all members of the organization present at the meeting are voting participants, that is, 35 people, and it is from this number that the majority must be obtained. In a secret ballot, only those who put their ballot in the ballot box become participants in the vote. It is the ballot that becomes the fact of "presence at the voting". Those who did not cast their ballot (and every member of the organization has this right) are no longer voting participants, they, as it were, by analogy with open voting, simply left the hall, their will is unclear ("for" or "against"). Therefore, to determine the majority, they are no longer taken into account. The most important thing in this case is that a quorum is observed when making a decision, that is

It should be noted that any participant of the meeting - a member of the organization has the right to vote against all candidates.

If none of the candidates received the required number of votes to win, then two ways out of the situation are possible: either the meeting conducts a second vote on the two candidates who received the largest number of votes compared to the others, or the candidates are re-nominated as old ones, and new ones, and they are voted on in compliance with the entire procedure.

The elected head of the organization is simultaneously considered to be elected to the governing body of the organization, since the work of this particular body will need to be constantly organized. You cannot be the chairman of the Council without being a member of the Council itself.

The next issue of the constituent assembly is the election of the governing (coordinating) body. It can be a council, a committee, a bureau, a board, etc. The name of the governing body (for example, the Council) determines the meeting and fixes this in the charter (regulations) of the student organization.

The number of members of the Council is also determined by the meeting. At the same time, it is possible not to indicate in advance the quantitative composition of the Council, then all those elected to it will constitute the number of members of the Council.

In practice, for an organization of 20-40 people, it is most optimal to elect 5-7 people to the Council.

The nomination of candidates takes place at the meeting, even if there was some kind of election campaign before the meeting. Any member of the organization has the right to nominate any number of candidates, including himself. Discussion of candidates takes place in the same order as it was done when discussing candidates for the chairman of the Council.

Voting takes place for each candidate separately. If the quantitative composition of the Council is predetermined, then each participant of the meeting - the founder votes "for" as many times as the number of members of the Council is provided for in its composition. That is, if it is decided to elect 5 people to the Council, and 8 candidates are nominated, then everyone must decide in advance for himself before voting which four candidates or fewer he will vote "for" (the fifth member of the Council has already been elected: he is the Chairman of the Council ).

Voting "against" and "abstained" in this case can be omitted. Those who received at least 2/3 of the votes are considered elected, unless another majority is provided for election as members of the Council by the Charter (Regulations).

What if you first set the quantitative composition of 5 people, and 3 people turned out to be elected (a larger number cannot be obtained by simple arithmetic, since everyone has the right

to vote "yes" only as many times as there are seats in the Council or in general for fewer candidates)? In this case, you can additionally nominate other candidates at the meeting. Including those who were during the first vote, but did not become members of the Council, and to vote again, but for the remaining vacancies. Or, by decision of the meeting, you can reduce the number of members of the Council to 3 people, that is, to the same number as the majority received when elected to the Council.

The meeting also elects the controlling (control and auditing) body of the organization (commission, committee), if the organization will be registered as a legal entity. The Control Commission audits the financial and economic activities of the public association and is accountable to the highest governing body. The number of members of the control and audit body is not limited. Members of the governing bodies of a public association cannot be members of the control and audit body. All officials of the organization are obliged to provide the necessary information and documents at the request of the control and audit body.

In conclusion, the chairman of the meeting announces its closure.

As mentioned above, the minutes of the meeting are kept by the secretary of the meeting. Since the meeting is usually intense, sometimes stormy, with many speeches and votes, the secretary has to quickly write down the main points of the meeting, introducing many abbreviations. Thus, it turns out, as it were, a draft protocol. Therefore, after the meeting, as a rule, a final protocol is drawn up without abbreviations. The minutes are signed by the chairman of the meeting (and not by the chairman of the Council if he is not the same person) and the secretary of the meeting.

As a result, you should get a protocol approximately the same as shown in the application.

In case you are looking for a view pattern "Constituent Documents" on the topic "Sample charter of a non-profit public organization (regional (local) branch of a public organization)", you can print this template.

CHARTER OF A NON-PROFIT PUBLIC ORGANIZATION (REGIONAL (LOCAL) BRANCH OF A PUBLIC ORGANIZATION) CHARTER OF THE ALL-RUSSIAN SOCIETY "EARTH AND CHILDREN" Registered Approved by the Ministry of Justice of the Russian Federation Constituent Assembly "__" ___________ 20__ of the All-Russian Society Certificate of Registration No.815 "Children of the Earth" Head of Registration Department Protocol No. ___________ of public and religious "__" ___________ 20__ associations ________________ Signature M.P. 1. General provisions 1.1. The All-Russian Society "Children of the Earth" (hereinafter referred to as the "society") is a non-profit public organization that emerged as a result of the free will of citizens united in the field of education, healthcare, social protection of childhood, rehabilitation and adaptation of disabled children. 1.2. The Company operates in accordance with the Constitution of the Russian Federation, on the basis of the Law of the RSFSR "On Property in the RSFSR", the current legislation throughout the Russian Federation. 1.3. The Company is a legal entity, has separate property, has fixed and circulating assets, an independent balance sheet, settlement and other accounts in banking institutions, can acquire property and personal non-property rights on its own behalf, be a plaintiff and defendant in court, arbitration and arbitration courts. 1.4. The company is liable for its obligations with its own funds and property, which may be levied. The state and members of the society shall not bear responsibility for the obligations of the society. The Company is not responsible for the obligations of the state, its members and legal entities created by it. 1.5. The Society has a round seal and a corner stamp with its name, emblem, its own symbols and other details. 1.6. Location of the company - _________________. 2. Goals of the society 2.1. The All-Russian Society "Children of the Earth" is created to solve urgent and complex problems: social protection of childhood; the revival of the peasant spirit in children, the feeling of a competent, diligent and independent master on earth; promoting the formation of creative initiatives aimed at improving the structures of education, healthcare, social protection; provision of educational, informational, intermediary and other services to the population, enterprises and organizations; promoting the introduction of corrective and compensatory medical and psychological systems and methods to provide assistance to disabled children and children who have received injuries; conducting research and development of new environmental, agrotechnical, medical and educational technologies; implementation of advertising, publishing and other information activities in the Russian Federation and abroad; establishing trust funds to support small alternative programs; holding charitable events; implementation of other types of activities related to the achievement of statutory goals that are not prohibited by applicable law. 2.2. The Society can exchange experience on advanced methods of upbringing, education, healthcare and social protection with all organizations of the Russian Federation and abroad in the UNICEF and UNESCO system, solve a wide variety of problems of upbringing, development and protection of a child from birth to adulthood. 3. Structure and management of society 3.1. The structure of the society is formed by its regional (local) branches, as well as scientific, creative production and other organizations that are part of it. Relationships with regional (local) branches are built on a contractual basis. 3.2. The management of the company is carried out by: the general meeting, the president, the board. 3.3. The general meeting of the society's members is the supreme governing body, authorized to make decisions on all issues of the society's activities. The general meeting of members of the society is convened as necessary, but at least once every five years. Extraordinary meetings are convened at the suggestion of the president or the board to address urgent matters. Decisions of the general meeting may be taken by way of a written survey of members. The competence of the general meeting includes: approval of the Charter and other constituent documents; approval of the procedure and norms of representation at the next meeting; election of the board of the company, president, audit commission; determination of the main directions of the company's activity; approval of reports on the work of the President, the Board and the Audit Commission; resolving issues of reorganization and termination of the company's activities. At the initiative of the president and the board, other issues of the company's activities may be submitted for consideration by the general meeting. 3.4. The general meeting is authorized to decide the issues submitted for its consideration if at least half of the votes of the members of the company participate in it. Decisions of the general meeting are taken by a qualified majority of 2/3 votes. Any citizens who are not members of the society, with the right of an advisory vote, may take part in the work of the general meeting. 3.5. Board - a body that manages the activities of the company in the period between general meetings. The Board carries out general management of the company's activities. The Board is elected by the general meeting for a period of 5 years from among the participants in the general meeting consisting of 15 people. The Board of the Society: determines the priority of the projects and programs of the Society; approves vice-presidents on the proposal of the president; appoints the acting president for the period necessary to convene an extraordinary general meeting; determines the size of entrance and membership fees; decides on the release of members of the society from the payment of entrance and membership fees; establishes the types, sizes and directions of use of the funds and property of the company; makes changes and additions to the Charter of the company with subsequent approval at the general meeting; adopts regulations on wages and other internal regulations governing the activities of the company; hears the President's annual reports; approves target programs of the society; financing the current activities of the company; annual reports, balance sheets and cost estimates of structural subdivisions of the company's project and program managers. Board meetings are held as needed, but at least once a quarter. Decisions of the board are valid if at least 3 members of the board attend the meeting. Decisions are taken by a simple majority of votes. 3.6. The President is elected by the general meeting from among the members of the society by direct secret ballot for a period of 5 years. The number of candidates for the presidency is not limited. Presidential elections are considered valid if at least 2/3 of the members of the society took part in them. A candidate who receives more than half of the votes of the members of the society who took part in the voting is considered elected. The President may be prematurely dismissed from his post only by a decision of the general meeting of members if it is established that his activities are illegal, contrary to the statutory goals or may cause damage to society. 3.7. President of the company: resolves issues related to the conclusion of contracts and other transactions by the company; acts on behalf of the company without a power of attorney; represents the company in relations with Russian and foreign legal entities and individuals; issues powers of attorney; opens settlement and other accounts of the company in banks; issues orders, directives, instructions and other acts; hires and dismisses employees of the company's apparatus; takes measures to encourage employees and impose penalties on them; distributes duties among the employees of the company, determines their powers; makes decisions on filing claims and lawsuits against legal entities and citizens on behalf of the company; approves the charters (regulations) of enterprises, organizations and structural divisions created by the company. 3.8. The Audit Commission is a body exercising control over the legality and efficiency of the use of the company's funds, over the financial and economic activities of the company. 3.9. The audit commission is elected by the general meeting from among the members of the company for a period of 5 years. It cannot include members of the board, the board of trustees, as well as persons working in the company for hire. 3.10. The activities of the audit commission are determined by the Regulations on the audit commission of the company, approved by the general meeting. The board of the company and all structural subdivisions provide the audit commission with all the materials necessary for the audit. 3.11. To exercise control over the use of funds received by the company on earmarked deposits, as well as to assist the board of the company in the prompt search for funds to solve priority tasks, a board of trustees is created. The Board of Trustees is formed from the members of the society who have made the greatest material contribution, contributing to the achievement of the statutory goals and solving the tasks of the society. The Board of Trustees may include people who are not members of the society, as well as representatives of enterprises and organizations that provide significant assistance to the society in the implementation of its statutory goals. The Board of Trustees elects a chairman from among its members for a period of 1 year, who convenes the board as needed. Members of the Board of Trustees who are not members of the society may take part in meetings of the general meeting and the board with the right of an advisory vote. The Board of Trustees approves the sequence of program implementation and the procedure for the most efficient use of funds, considers other issues, decisions on which are advisory in nature. 4. Membership in the society 4.1. Members of the society can be any citizens - both Russian and foreign, who take part in its activities by personal labor or through contributions, as well as those who finance the activities of the society and are interested in achieving the society's statutory goals. Admission to the membership of the society is carried out at the general meeting of the members of the society in the presence of those who submitted the application. 4.2. Members of the company have the right: to participate in the management of the company in accordance with this Charter; be a member of the board, the audit commission and the Board of Trustees of the company; elect and be elected to elective office; participate in the activities and programs of the company and its structural divisions; use the attributes and symbols of the society with the permission of the board; submit proposals on the issues of the company's activities for consideration by the governing bodies of the company; receive the necessary information about the activities of the company; take part in the economic activities of the company, use its material and technical base. 4.3. Members of the society are obliged: to observe the present Charter; carry out the decisions of the general meeting, the board and the president of the company; pay entrance and membership fees; actively contribute to the solution of the problems facing society with their technical, intellectual and financial resources; refrain from actions that may harm the legitimate interests of the society and its members. 4.4. Exclusion from the members of the company is made by decision of the general meeting in the following cases: non-compliance with the Charter of the company; failure to comply with the decision of the management and control bodies; failure to fulfill their obligations related to labor and property participation in its activities. 5. Property and economic activity of the company 5.1. The property and funds of the society are formed at the expense of: entrance and membership fees; voluntary monetary and other contributions and donations, including those with special purpose, for the implementation of specific programs of the society; proceeds from economic activities carried out in accordance with the statutory goals of the company; proceeds from charity events, auctions, lotteries and other events held by the company or other organizations; other income. 5.2. The Company is the owner of the property transferred to it by the founders, members, other citizens and legal entities to carry out the activities provided for by its Charter, as well as the property acquired or created by it at its own expense, including income from economic activities. 5.3. The Company may own buildings, structures, housing stock, equipment, inventory, cultural and educational and recreational property, cash, shares and other securities and other property necessary to ensure the activities provided for by its Charter. 5.4. The Company may engage in entrepreneurial activity, create and acquire enterprises and other property for the implementation of this activity, if it is necessary for the fulfillment of its statutory tasks. Enterprises and institutions created or acquired by the company as legal entities have the right to full economic management or the right to operational management of the property assigned to them. 5.5. Income from the economic activities of the company cannot be redistributed among the members of the company and are used only to fulfill the statutory tasks. 5.6. The foreign economic activity of the company is carried out in the manner prescribed by the current legislation. 6. Procedure for making changes and additions to the Charter 6.1. Changes and additions to the Charter are made by the Board with subsequent approval at the general meeting and are subject to registration in the same manner and within the same timeframe as the registration of the Charter. VII. The order of termination of the company 7.1. Termination of a company can be carried out by reorganization (merger, accession, division) or liquidation. 7.2. The liquidation or reorganization of the company is carried out by decision of the supreme management body of the company or by a court decision in cases provided for by the current legislation. The liquidation of the company is carried out by the liquidation commission formed by the bodies listed above. The liquidation commission establishes the procedure and terms for conducting liquidation, as well as the time limit for filing creditors' claims. 7.3. During the reorganization and liquidation of the company, laid-off employees are guaranteed the observance of their rights and interests in accordance with the current legislation. 7.4. The property and funds of the company, after settlements with the state, other legal entities and individuals, cannot be distributed among the members and are directed to the implementation of the statutory goals in accordance with the instructions of the liquidation commission. After the termination of the company's activities, the property provided for its use by a state, public or other organization, as well as by private individuals, shall be returned to its former owner. 7.5. In the event of the liquidation of the company, all organizations created by it, which have the rights of a legal entity, suspend their activities until a decision is made by the liquidation commission on their further activities. 7.6. The company is considered liquidated from the moment of its exclusion from the register of state registration. COMMENTS: ------------ When creating regional (local) branches of a public organization, the following changes and additions are made to the Charter: In clause 1.1. it is necessary to indicate who is the founder. For example: The Moscow Society "Children of the Earth" is the city branch of the All-Russian Society "Children of the Earth". The Moscow Society operates on the territory of Moscow. The founder of the Moscow Society "Children of the Earth" is the All-Russian Society "Children of the Earth" (registration number No.___ dated "__"_________ 20__. Location of the governing body: ____________________. Clause 3.1. should be replaced by the following wording: The structure of the society is formed by scientific, creative, production and other organizations that are part of it.The company has the right to create its branches with the right of a legal entity in any administrative district of Moscow.Relationships with these branches and organizations that are part of it are built on a contractual basis. in the following words: The governing bodies (board, president) are elected from among the members of the local society with the subsequent approval of the candidates by the founder. Paragraph 5.1. Supplement with the words: The founding contribution of the All-Russian Society "Children of the Earth". Include paragraph 5.2. in the following wording: Moscow Society " Children of the Earth" has the property transferred to him on the right of full on economic management (the right to operational management). The owner of the property assigned to the Moscow Society is the All-Russian Society "Children of the Earth". Clause 7.4. should be changed to: The property and funds of the Moscow Society, after settlements with the state, other legal entities and individuals, cannot be distributed among the members and are subject to transfer to the founder - the All-Russian Society "Children of the Earth" ... (hereinafter in the text).

"APPROVED"

decision of the founders of the Public Organization

"Defenders of Orthodox Christians

named after the holy prince Demetrius of the Don"

Minutes No. 1 dated 09.09.2009

CHARTER

PUBLIC ORGANIZATION

"ORTHODOX CHRISTIANS

NAMED AFTER THE HOLY PRINCE DIMITRY DONSKOY"

MOSCOW

2009

1. GENERAL PROVISIONS.

1.1. The public organization "Defenders of Orthodox Christians named after Saint Prince Dimitry Donskoy" (hereinafter referred to as the "Public Organization") is a public association created by citizens to develop and strengthen Orthodox culture and its traditions, protect the rights and legitimate interests of its members, and also to promote its members in the implementation of activities aimed at achieving the goals provided for by this Charter.

1.2. The public organization carries out its activities in accordance with the current legislation of the Russian Federation and this Charter.

1.3. A public organization has the right to have its own seal, stamp, forms, symbols, its own emblem and other means of visual identification.

1.4. The location of the Public Organization is the city of Moscow, the location of the permanent body - the Board: 125080, Moscow, Volokolamsk highway, 15/22.

2. RIGHTS OF PUBLIC ORGANIZATION.

2.1. The public organization has the right:

2.1.1. disseminate information about their activities;

2.1.2. join other public organizations, unions, associations, as well as create their own branches and representative offices and territorial offices in the territory of the Russian Federation and abroad in accordance with the current legislation.

2.1.3. hold conferences, seminars, other public events, as well as hold meetings, rallies, demonstrations, processions and picketing and other mass organizational events in accordance with applicable law;

2.1.4. take initiatives on issues of public life, make proposals to public authorities, participate in the development of decisions of public authorities and local governments;

2.1.5. represent its members in courts, in all institutions, enterprises and organizations of all forms of ownership on the protection of their rights and legitimate interests in the framework of the implementation of the statutory tasks of their activities.

2.2. The public organization contributes to the protection of the rights of its members to privacy, personal and family secrets; as well as the secrecy of correspondence, telephone conversations, postal, telegraph and other messages that became known to the Public Organization as a result of its activities.

2.3. The Public Organization represents the interests of its members and carries out their protection on the basis of instructions from the members of the Public Organization and the minutes of the meeting of the Board, and, if necessary, a power of attorney issued by these members.

3. ACTIVITIES OF PUBLIC ORGANIZATION.

3.1. The public organization pursues socially useful goals aimed at:

Accumulation and generalization of information related to Orthodox culture;

Assistance in the creation of priority conditions for the development and strengthening of Orthodox culture;

Preservation and strengthening of traditional cultural values and historical traditions;

Assistance in the protection of rights in the field of education, health care, culture and in the field of mass media and book publishing, other areas of public life related to Christian culture;

Protection and protection of human rights and freedoms;

Speeches in defense of moral, moral foundations, traditional cultural values of society.

3.2. The activities of the Public Organization are aimed at:

3.2.1. Support and implementation of activities aimed at strengthening the moral and ethical foundations of society.

3.2.2. Protection (including representation in courts, other organizations and institutions of all forms of ownership) of members of the Public Organization and members of their families in cases of violation of their constitutional rights and legitimate interests, including the rights to human dignity, the right to privacy, freedom of conscience and religion, health, decent, moral education of children, in cases of violation of their rights in the media, including proper information.

3.2.3. Ensuring the rights of members of the Public Organization to create appropriate conditions for the moral and spiritual development of the individual.

3.2.4. Generalization of information related to Christian culture, support and implementation of activities aimed at preserving the Orthodox Christian historical heritage.

3.2.5. The implementation of publishing and information activities in the field of electronic, print media and other possible information networks, establishes the mass media, as well as the implementation of other activities not prohibited by law aimed at realizing the goals of the Public Organization.

3.2.6. Conducting sociological research.

3.2.7. Assistance in the development and implementation of social, cultural, educational, projects, programs, other activities aimed at the formation of a harmonious personality, strengthening the moral foundations of society, as well as protecting the protection of the moral, spiritual, mental and physical health of a person.

3.2.8. Implementation on their own and with the involvement of broad specialists of research and analytical programs aimed at assessing the moral state of society, its spirituality, as well as eliminating factors that have a harmful effect on it.

3.2.9. Participation in international events for the exchange of experience in the field of promoting the creation of priority conditions for the development and strengthening of Christian culture.

3.2.10. Carrying out charitable activities and attracting voluntary donations for the reconstruction and restoration of Orthodox churches, including the New Jerusalem Church, Christian monuments, historical monuments and other goals of the Public Organization.

3.2.11. Advice on security issues, protection of the life of clergy and employees of the Russian Orthodox Church, protection of religious buildings, structures and other property of the Russian Orthodox Church.

3.2.12. Organization of security, protection of the life of clergy and employees of the Russian Orthodox Church, protection of religious buildings, structures and other property of the Russian Orthodox Church.

3.3. The property of the Public Organization is created at the expense of:

Membership fees, the amount and procedure for payment of which is approved by the General Meeting of Members;

Voluntary donations from citizens and organizations.

4. MEMBERSHIP. ORDER OF ADMISSION AND WITHDRAWAL FROM MEMBERS.

4.1. Individuals over the age of 18 can be members of the Public Organization.

4.2. Admission to the membership of the Public Organization is carried out by the decision of the General Meeting of the members of the Public Organization based on the application of the candidate.

4.3. The rights of a member of a Public Organization cannot be transferred to third parties without the consent of the Board of the Public Organization.

4.4. The departure of a member from the Public Organization occurs either by unauthorized withdrawal, or as a result of his exclusion from membership.

4.5. Withdrawal of a member from the Public Organization is carried out by submitting an application to the Board of the Public Organization.

4.6. Entrance and periodic fees of members of the Public Organization are non-refundable.

4.7. A member of a Public Organization who systematically fails to perform or improperly performs his duties, or who has violated his obligations to the Public Organization, as well as hindering the normal work of the Public Organization by his actions or inaction or discrediting it with his behavior, may be expelled from it by decision of the General Meeting public organization.

5. RIGHTS AND OBLIGATIONS OF MEMBERS.

5.1. Members of the Public Organization - have the right:

5.1.1. Elect and be elected to the governing bodies of the Public Organization and its territorial branch;

5.1.2. Participate in the General Meeting of the Public Organization and vote on agenda items;

5.1.3. Receive the services of the Public Organization for the protection of their rights and legitimate interests;

5.1.4. Leave the Public Organization at its own discretion;

5.1.5. Make proposals to the agenda of the General Meetings of members of the Public Organization;

5.1.6. Contact the governing bodies of the Public Organization on any issues related to its activities;

5.2. Members of the Public Organization are obliged:

5.2.1. Comply with the provisions of this Charter;

5.2.2. To take all possible part in the activities of the Public Organization, its territorial branches;

5.2.3. Timely pay membership fees, the amount and procedure for payment of which is determined by the General Meeting of Members of the Public Organization;

5.2.4. Provide information necessary to resolve issues related to the activities of the Public Organization;

5.2.5. Do not disclose confidential information to the Public Organization.

6. STRUCTURE OF PUBLIC ORGANIZATION.

6.1. Governing bodies of the Public Organization:

the supreme governing body of the Public Organization - the General Meeting of the members of the Public Organization;

the executive body of the Public Organization - the Board.

7. GOVERNING BODIES OF THE PUBLIC ORGANIZATION.

General meeting of members of the Public Organization

7.1. The supreme governing body of the Public Organization is the General Meeting of the members of the Public Organization.

7.2. The general meeting elects from among its members the chairman of the meeting, who leads the meeting, and the secretary.

7.3. The competence of the General Meeting includes the following issues:

7.3.1. Making changes and additions to the Charter of the Public Organization;

7.3.2. Determination of priority areas of activity of the Public Organization, principles of formation and use of its property;

7.3.3. Election of the Chairman and members of the Board of the Public Organization;

7.3.4. Reorganization and liquidation of the Public Organization;

7.3.5. Election of the Audit Commission;

7.3.6. Deciding on the creation, reorganization, liquidation of a branch, branch, representative office of a Public Organization;

7.3.7. Determining the amount and procedure for paying membership fees;

7.3.8 Resolution of other issues submitted for resolution by the General Meeting by the Management Board.

7.4. The General Meeting of the members of the Public Organization is convened by the Board, the Chairman of the Board, or members of the Board.

7.5. The General Meeting is competent if more than half of its members are represented at it.

Decisions of the General Meeting are taken by majority vote. Decisions on issues stipulated in clauses 7.3.1 - 7.3.3 are taken by a qualified majority of votes - participants of the General Meeting.

7.5.1. Decisions of the General Meeting may be adopted by absentee voting (by poll). Such voting may be carried out by exchanging documents by means of postal, telegraphic, teletype, telephone, electronic or other communication, which ensures the authenticity of transmitted and received messages and their documentary confirmation. The dates for holding the General Meeting by absentee voting should be set in such a way that the voting members of the organization have the opportunity to get acquainted with additional information on the issues put to the vote.

7.6. The next General Meeting is convened at least once every two years.

7.7. Extraordinary General Meetings are convened as needed.

Governing body

7.8. A permanent collegial body is created in the Public Organization - the Board, consisting of 5 people and headed by the Chairman of the Board. Members of the Management Board, on the proposal of the Chairman of the Management Board, are elected by the General Meeting, the chairman is elected by the elected members of the Management Board.

7.9. The Board carries out general management of the activities of the Public Organization in the period between General Meetings.

7.10. The meetings of the Board are organized by the Chairman, who signs all documents on behalf of the Public Organization, minutes of the meeting and decisions of the Board.

Board of the Public Organization:

Decides to convene the General Meeting of the members of the Public Organization, determines the agenda items, ensures the implementation of the decisions of the General Meeting;

Approves targeted programs and determines sources of funding;

Adopts regulations on the Audit Commission, Representative Offices and Branches.

Meetings of the Board of the Public Organization are held as necessary, but at least once every three months. The minutes of the Board meeting are signed by the Chairman and all members of the Board.

7.11. The Chairman of the Board, without a power of attorney, acts on behalf of the Public Organization, carries out operational management of the activities of the Public Organization, manages the Board, organizes the implementation of decisions of the General Meetings and the Board of the Public Organization, issues powers of attorney, signs financial and business documents, and concludes transactions on behalf of the Public Organization.

7.12. The Chairman is elected by the General Meeting and exercises his powers on a permanent basis until recalled at his own request or by decision of the General Meeting. In case of recall or impossibility of performance by the Chairman of his duties, his powers are assigned by the Board until the General Meeting is convened to one of the members of the Board.

7.13. The Chairman is accountable to the General Meeting and the Board, is responsible to the Public Organization for the results and legality of activities.

8. TERRITORIAL OFFICES, BRANCHES AND REPRESENTATIVE OFFICES.

8.1. A public association may have departments, branches and representative offices, the activities of which are carried out in accordance with this Charter and the Regulations approved by the Board.

9. BUSINESS ACTIVITIES

9.1. An organization can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which the organization was created, and corresponding to these goals.

9.2. The organization does not pursue the goal of making a profit; Income from entrepreneurial activities of the Organization is used to achieve the statutory goals and objectives of the Organization and is not subject to redistribution among the members of the Organization.

10. TERMINATION OF ACTIVITIES OF PUBLIC ORGANIZATION.

10.1. Termination of the activities of the Public Organization may be carried out by decision of the General Meeting due to the absence of the need for further activities of the Public Organization or on other grounds in accordance with applicable law.

10.2. Upon liquidation of a Public Organization, the property remaining after the satisfaction of creditors' claims is directed in accordance with this Charter for the purposes for which it was created, and (or) for charitable purposes.

If the use of the property of the liquidated Public Organization in accordance with this Charter is not possible, the decision on its use is made by the Board of the Public Organization.

Public organization: prerequisites for existence

The peak of the development of social movements and organizations did not fall during the Soviet period. The era of collectivism was marked by the assignment of functions unusual for them to public organizations.

Often they bailed offenders, created comrades' courts. In a market economy, the share of public organizations among legal entities of all organizational forms has decreased. The scale of their activities has decreased.

However, the importance of non-profit structures for the development of civil society cannot be underestimated.

Articles 13 and 30 of the Basic Law of the Russian Federation are directly related to the legal status of public organizations. These constitutional provisions enshrine ideological and political diversity, the right of individuals to voluntarily associate to achieve legitimate goals without obtaining the prior consent of the subjects of power.

Legal regulation of the status of public organizations

The concept of "public organization" has not undergone significant changes since Soviet times. They are recognized as voluntary non-governmental associations of individuals based on common interests to achieve common goals.

According to the definition of Article 8 of the 82-FZ “On Public Associations”, a public organization is a public association based on mandatory fixed membership.

According to Article 123.4 of the Civil Code, the purposes of its establishment may be:

satisfaction of non-material (including spiritual) needs;
representing and protecting the interests of members before third parties;
contributing to the development of education, medicine, nature conservation, etc.

The identification of significant characteristics of public organizations is facilitated by determining their place in the system of legal entities.

Within the framework of Chapter 4 of the Civil Code, public organizations are classified as non-profit.

But there is a caveat: such an organization has the right to carry out income-generating activities while simultaneously observing the following conditions:

the possibility of implementing entrepreneurial activity is provided for by the charter (if the charter does not contain provisions of this kind, amendments are necessary);
it does not contradict the non-commercial statutory goals of the organization, but serves to achieve them;
a public organization has sufficient assets with a market value of at least the minimum amount of the authorized capital of an LLC.

The organizational form of a public organization is the base for non-profit structures of other types.

Thus, Article 50 of the Civil Code contains a non-exclusive list of types of non-profit public organizations. It:

political parties;
trade unions established in the form of legal entities
bodies of public initiative;
territorial public self-governments.

Public organizations have the right to form unions. Regarding large companies in Russia, there is a practice of registering as independent legal entities not only the parent (parent) organization, but also its territorial bodies.

Public organizations can be transformed into autonomous non-profit organizations or foundations. This requires amendments to the charter (Article 123.4 of the Civil Code)

Requirements for the founders of a public organization, their status and number

The key features of public organizations are: fixed membership; mandatory issuance of membership cards; payment of membership fees as a key source of formation of the financial and material base of activities. It is on the basis of compulsory membership that a public organization differs from non-profit structures of other organizational forms, for example, social movements.

The founders of public organizations automatically acquire the status of their members, as well as the corresponding set of rights and obligations (paragraph 9 of article 19 of 82-FZ). Persons interested in joining the ranks of the members of the organization submit a written application.

The document must express:

interest in the activities of the organization;
agreement with its goals and provisions of the charter;
willingness to accept responsibility in case of non-compliance with the rules of the organization.

Rights of members of public organizations:

know about its activities;
participate in management, initiate amendments to the charter;
elect, be elected to the governing, auditing, supervisory bodies;
challenge the legitimacy of the actions of the administration;
demand compensation for losses caused by illegal actions of the organization.

List of obligations:

pay contributions (members of the organization lose the right to own property and funds transferred to a public organization for the implementation of statutory activities);
participate in the formation of the organization's assets in the manner specified by the charter;
refrain from actions that could harm the organization, complicate the achievement of its goals;
participate in decision-making, without which the organization cannot continue its activities;
be liable for illegal actions in the form of exclusion from the members of the organization.

The number of founders of a public organization is imperatively determined by Article 123 of the Civil Code at the level of three persons. Although the organizations in question are nominally associations of citizens, Articles 6 and 18 of 82-FZ allow membership in organizations of legal entities that are public associations. All members of a public organization, whether individuals or legal entities, are equal in rights and duties.

List of persons who cannot be founders, members, participants of a public association

There is an imperative ban on membership in a public organization of public entities and their bodies: the state, state structures, regional authorities, territorial communities represented by the municipality (Article 19 82-FZ).

The following rules apply to individuals:

Age limit. The general rule is 18 years. Given the versatile nature of the potential activities of public associations, this is generally correct. However, there are some doubts. So, in the order of emancipation, a citizen can receive full legal capacity before reaching the age of 18 (Article 27 of the Civil Code). Why a full-fledged member of society bearing the full burden of responsibility for his life cannot be a member/participant of a public association remains a mystery. A member/participant of a youth organization must be at least 14 years old, a child organization must be at least 8 years old. It is worth noting that the allowance is made specifically for members / participants, but not for the founders, which is quite logical. State registration of youth and children's public associations in the Unified State Register of Legal Entities is carried out on the condition that the governing bodies are fully formed from capable citizens (Article 21 82-FZ).
The admissibility of lowering the age limit should be due to the specific status of the organization (children's or youth), reflected in the name and charter of the organization. At the legislative level, the specifics of such a status are not defined; in the Russian Federation, 98-FZ “On state support of youth and children's public associations” is in force, but not about these associations as such.
Questions of citizenship. Article 19 82-FZ defined the following rules: unless otherwise stipulated by special legal acts, citizens of the Russian Federation and foreigners with legal permanent residence in the Russian Federation can be founders and members / participants of public associations. Foreigners residing outside of Russia may be honorary members of a public association without conferring on them the usual rights and without imposing on them corresponding obligations. According to Article 23 of the 95-FZ “On political parties”, only citizens can be their members.
Legal capacity. Article 19 of 82-FZ does not operate with such a concept as legal capacity. And if this is perhaps justified in relation to members/participants, then the founders and members of the governing and supervisory bodies must obviously have full civil capacity. Apparently, such an omission is a consequence of the "obsolescence" of the provisions of the law. 82-FZ was adopted in 1995, and part I of the Civil Code - only in 2001. Meanwhile, issues of legal capacity can be regulated by special legislation. So, according to Article 23 of the 95-FZ, only a capable natural person can be a member of a political party.

The ban on the establishment, membership / participation in the activities of public associations applies to:

person non grata - foreigners whose stay in the Russian Federation is undesirable (the Foreign Ministry publishes lists of names);
persons mentioned in the list formed in accordance with 115-FZ "On counteracting the legalization (laundering) of funds obtained by criminal means and the financing of terrorism";
public associations, the functioning of which was suspended under the rules of 114-FZ "On countering extremist activity";
persons in whose actions signs of extremist activity are revealed (established by a court verdict);
persons serving a sentence of imprisonment for committing a crime.

Charter of a public organization, requirements for its content

The charter of a public organization must contain information about:

its name;
legal address;
the territory to which the organization's activities apply (the latter can be all-Russian, regional, local);
purposes and subject of activity;
membership, participation;
the procedure and grounds for gaining and losing membership;
composition, competence, terms of office of the governing and auditing bodies;
decision-making procedure;
a list of issues, decisions on which are taken unanimously or by a qualified majority;
about the rights and obligations of members (their responsibility is described separately);
the rights of a public organization and its territorial bodies for asset management;
the procedure for amending the articles of association;
the procedure for the distribution of property remaining after the liquidation of the organization.

It is impossible to overestimate the importance of the charter of a public organization. This is a key document for state registration and functioning of a legal entity.

The legal personality of organizations in Russia is special. In other words, public organizations have the right to take only those actions, the possibility of which is stipulated by their constituent documents.

If this is relevant, the standard charter of a public organization should initially include additional information about:

potentially possible types of activities, including those related to making a profit;
the right to accept/make donations;
the possibilities and procedure for disposing of property;
the right of the organization to represent its members in court and competent authorities;
symbolism, if you plan to use it.

These are voluntary associations of citizens created in the manner prescribed by law on the basis of their common interests to meet spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law.

The main difference from other NGOs is the association based on membership. Even the founders become members and do not have any preferences. The participant is obliged to pay membership and other property fees, and also has the right to terminate participation at any time at his own discretion. Membership is inalienable, and the exercise of rights cannot be transferred to another person.

Participants are not liable for the obligations of the organization in which they participate as members, and that organization is not liable for the obligations of its members.

They differ according to their area of activity. There are all-Russian, inter-regional, regional and local. All-Russian ones operate in the territories of more than half of the constituent entities of the Russian Federation and have their own units there. Regional ones operate on the territory of only one subject of the Russian Federation, while local ones operate within the territory of a local self-government body (for example, a settlement).

The name of the organization should contain an indication of the territorial scope of its activities.

How to draw up and approve the charter

It is issued on A4 paper in two copies. All pages of the document must be numbered, stapled, on the last sheet, fix the total number of sheets and stamp.

The sample will be the same, regardless of the territorial feature. Below we present a variant for an all-Russian structure, but it can be used to develop, for example, a model charter for an interregional public organization.

Approved at the general meeting of participants. It must be developed and approved before the registration of an NPO, since the charter is included in the package of documents required for this, and the application for registration indicates information on its adoption: the date and place that adopted the body, for example, a general meeting.

Content Requirements

When developing a document, for example, a sample charter of a regional public organization in 2020 or any other, the following information must be included:

about the name
about the location of the NPO,
about the subject and goals of its activities,
about the order of entry and exit;
on the composition and competence of its bodies and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes;
on the property rights and obligations of the participant (member);
on the procedure for the distribution of property remaining after liquidation.