Community of indigenous peoples of the Russian Federation. How to create a community of indigenous peoples of the North Community of indigenous peoples of the Russian Federation number of participants
The concept of an enterprise, its characteristics. Modern organizational forms of economic entities. Communities of indigenous peoples of Russia. The procedure for opening non-profit organizations. The procedure for terminating a community of indigenous peoples.
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Ministry of Education and Science of the Amur Region
State Public Educational Institution "Amur College of Construction and Housing and Communal Services"
Discipline: Organizational Economics
On the topic: “Organizationally - legal forms enterprises. Indigenous communities small peoples Russian Federation»
Completed by: Plugar S.S.
Student of group SE-31
Checked by: Mukhanova T.V.
Blagoveshchensk 2015
1. The concept of an enterprise, its characteristics
An enterprise is an independently operating entity created (established) in accordance with current legislation to produce products, perform work or provide services in order to meet public needs and make a profit.
After state registration the enterprise is recognized as a legal entity and can participate in economic turnover. It has the following characteristics:
· the enterprise must have in its ownership, economic management or operational management separate property;
· the enterprise is liable with its property for the obligations that arise in its relations with creditors, including to the budget;
· the enterprise acts in economic transactions on its own behalf and has the right to enter into all types of civil contracts with legal entities and individuals;
· the enterprise has the right to be a plaintiff and defendant in court;
· the enterprise must have an independent balance sheet and promptly submit reports established by government agencies;
· the enterprise must have its own name containing an indication of its organizational and legal form. Enterprises can be classified according to many criteria:
· according to the purpose of the finished product, enterprises are divided into those producing means of production and those producing consumer goods;
· on the basis of technological commonality, an enterprise with continuous and discrete production processes is distinguished;
· Based on size, enterprises are divided into large, medium and small;
· according to specialization and scale of production of similar products, enterprises are divided into specialized, diversified and combined.
· According to the types of production process, enterprises are divided into enterprises with a single type of production, serial, mass, and pilot.
Based on the characteristics of activity, they distinguish industrial enterprises, trade, transport and others.
· according to the form of ownership, private enterprises, collective, state, municipal and joint ventures (enterprises with foreign investment) are distinguished.
2. Organizational forms of enterprises
In accordance with the Civil Code of the Russian Federation, the following organizational forms of commercial enterprises can be created in Russia: business partnerships and societies (communities), production cooperatives, state and municipal unitary enterprises.
Business partnerships and societies (communities):
· general partnership;
· limited partnership (limited partnership);
· limited liability company,
· additional liability company;
· joint stock company (open and closed).
3. Communities of indigenous peoples of the Russian Federation
indigenous community russia non-profit
According to Art. 6.1 of the Law on non-profit organizations communities of indigenous small-numbered peoples of the Russian Federation recognize forms of self-organization of persons belonging to the indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles, in order to protect their ancestral habitat, preserve and develop traditional ways of life , management, crafts and culture.
In turn, the definition of indigenous peoples is given in Art. 1 Federal Law dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, according to which indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering There are less than 50 thousand people in the Russian Federation and they recognize themselves as independent ethnic communities.
The unified list of indigenous peoples of the Russian Federation is approved by the Government of the Russian Federation upon the proposal of the authorities state power subjects of the Russian Federation in whose territories these peoples live (Decree of the Government of the Russian Federation of March 24, 2000 N 255 established such a List).
The need for special legal status for indigenous peoples of the Russian Federation is due, first of all, to the fact that such peoples, in addition to the fact that they are small in number, live in extreme climatic conditions, providing negative impact on the human body. The labor activity of these peoples in traditional and practically the only areas of economic activity possible for them is significantly and constantly hampered by the reduction of the natural resources at their disposal and which are the source of their existence. The impact of such negative factors can lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing additional measures their legal protection.
Such peoples are characterized by such concepts as a traditional way of life, that is, a historically established way of life support, based on the historical experience of their ancestors in the field of environmental management, original social organization residence, original culture, preservation of customs and beliefs, and the original habitat - a historically established area within which small peoples carry out cultural and everyday life activities and which influences their self-identification and way of life.
The creation of such an organizational and legal form of legal entities as a community of indigenous peoples is due to the need to represent their interests, as well as to act in civil circulation. Unofficially similar organizations existed before. However, they could not register as legal entities, since the bodies carrying out state registration refused to register communities of small peoples on the grounds that civil legislation does not provide for such organizational and legal forms of legal entities.
It should be noted that the right to create communities of indigenous peoples is also mentioned in the Law on Guarantees of the Rights of Indigenous Peoples of the Russian Federation and in other legal acts. So, in paragraph 1 of Art. 8 of the Federal Law of July 20, 2000 N 104-FZ “On general principles organizations of communities of indigenous peoples of the North, Siberia and Far East Russian Federation" states that communities of small peoples are organized on a voluntary basis on the initiative of persons belonging to small peoples who have reached the age of 18. The will to join a community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting ( gathering) members of the community of small peoples (meetings of authorized representatives of small peoples).
Communities of small peoples are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community.
The constituent documents of the community of small-numbered peoples are:
· memorandum of association;
The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members (clause 3 of article 8 of the Federal Law of July 20, 2000 N 104-FZ).
According to paragraph 1 of Art. 3 of the Law on Non-Profit Organizations, a non-profit organization is considered created as a legal entity from the moment of its state registration in the manner prescribed by law. However, in paragraph 3 of Art. 8 of Federal Law No. 104-FZ of July 20, 2000 states that from the moment a decision is made to organize a community of small peoples, it is considered created. At the same time, the created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.
It seems that the wording of the Law on Non-Profit Organizations is more clear, since it directly links the moment of creation of a community with its state registration. The body carrying out state registration of communities of indigenous peoples is the Ministry of Justice of the Russian Federation.
As with other non-profit organizations, the main goal of the indigenous community is to achieve socially beneficial goals. In particular, such a socially useful goal, as noted in the above definition, is the protection of their original habitat, the preservation and development of traditional ways of life, economics, crafts and culture.
As with other non-profit organizations, in this case There is a rule according to which a community of small peoples has the right to carry out business activities that correspond to the goals for which it was created. Such entrepreneurial activities are mainly associated with their traditional occupations - hunting, reindeer herding, fishing etc. In this regard, there is an obvious need to give communities of indigenous peoples of the Russian Federation the status of a legal entity and consolidate the corresponding organizational and legal form.
4. The procedure for terminating a community of indigenous peoples
The procedure for terminating a community of indigenous peoples and the fate of its property after terminating has certain specifics. By general rule, established in paragraph 1 of Art. 20 of the Law on Non-Profit Organizations, upon liquidation of a non-profit organization, the property remaining after satisfying the claims of creditors is directed in accordance with the constituent documents of the non-profit organization for the purposes for which it was created and (or) for charitable purposes. If it is not possible to use the property of a liquidated non-profit organization in accordance with its constituent documents, it turns into state income.
As for the community of small peoples, its members have the right to receive part of its property or compensation for the cost of such part upon leaving the community of small peoples or upon its liquidation (clause 3 of article 22 of the Federal Law of July 20, 2000 N 104-FZ ). Thus, the procedure is similar to the procedure for terminating business companies and partnerships, when their participants have the right to receive part of the property. The existence of such a rule is obviously due to the fact that a community of small peoples may own property transferred by members of the community as a contribution (contribution) when organizing the community (Clause 1, Article 17 of the Federal Law of July 20, 2000 N 104-FZ ). In this case, the procedure for determining part of the property of a community of small-numbered peoples or compensation for the value of this part is established by the legislation of the Russian Federation on communities of small-numbered peoples.
List of used literature
1. Federal Law "On Non-Profit Organizations". Article 6.1. Communities of indigenous peoples of the Russian Federation dated December 1, 2007 N 300-FZ
2. Federal Law of July 20, 2000 N 104-FZ (as amended on February 2, 2006) “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”
3. Order of the Government of the Russian Federation dated April 17, 2006 N 536-r (as amended on May 18, 2010) “On approval of the list of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”
4. Order of the Government of the Russian Federation dated 05/08/2009 N 631-r “On approval of the list of places of traditional residence and traditional economic activity indigenous peoples of the Russian Federation and the list of types of traditional economic activities of indigenous peoples of the Russian Federation"
5. Kryazhkov V. Status of autonomous okrugs: evolution and problems // Russian Federation. 2006. N 2. P. 49.
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Approved by the Federation Council
This Federal Law establishes the general principles of organization and activity of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous peoples, and also defines legal basis community form of self-government and state guarantees for its implementation.
Article 1. Basic concepts
This Federal Law uses the following concepts:
indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as small-numbered peoples) - peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, farming and crafts, numbering less than 50 thousand people and realizing themselves as independent ethnic communities;
representatives of other ethnic communities - representatives of ethnic communities that do not belong to small peoples, but permanently reside in the areas where these people live and carry out the traditional management of small peoples;
communities of small peoples - forms of self-organization of persons belonging to small peoples and united according to consanguinity (family, clan) and (or) territorial-neighborhood characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, farming, crafts and culture;
family (tribal) communities of small peoples - forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;
territorial-neighboring communities of small peoples - forms of self-organization of persons belonging to small peoples, permanently residing (compactly and (or) dispersedly) in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;
unions (associations) of communities of small peoples - interregional, regional and local associations of communities of small peoples.
Article 2. Relations regulated by this Federal Law
This Federal Law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small peoples.
Article 3. Scope of this Federal Law
This Federal Law applies to all communities of small peoples, including those created before its entry into force, as well as to unions (associations) of communities of small peoples.
Article 4. Legislation of the Russian Federation on communities of small peoples
1. The legislation of the Russian Federation on communities of small peoples consists of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
2. Decisions on issues internal organization communities of small peoples and the relationships between its members can be accepted on the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.
Article 5. Principles of organization and activities of communities of small peoples
The organization and activities of communities of small peoples are based on the principles:
equality of communities of small peoples before the law, regardless of the types of their activities and the number of members of the community of small peoples;
voluntariness, equality, self-government and the rule of law;
freedom in determining its internal structure, forms and methods of its activities;
publicity.
The activities of the communities are non-commercial in nature.
Article 6. Restrictions on the organization and activities of communities of small peoples
The organization and activities of communities of small peoples for purposes other than those specified by this Federal Law, the laws of the constituent entities of the Russian Federation, and the constituent documents of the corresponding community of small peoples are prohibited.
Article 7. Relations between communities of small peoples and state authorities and local governments
1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, in order to protect the original habitat and traditional way of life, the rights and legitimate interests of small peoples, can provide assistance to communities of small peoples, unions (associations) of communities of small peoples in form:
providing tax benefits and benefits;
targeted financing of regional and local programs for the preservation and development of traditional lifestyles, economic activities and crafts of small peoples;
concluding agreements with communities of small peoples, unions (associations) of communities of small peoples for the performance of work and the provision of services;
targeted training of personnel in professions necessary for communities of small peoples, unions (associations) of communities of small peoples for self-government and traditional management of small peoples;
free advisory assistance on issues of traditional economic management of small peoples;
providing, on a competitive basis, a social contract for the development and implementation of regional and local programs of socio-economic assistance to communities of small peoples.
In places of compact residence of small peoples, local government bodies, at the proposal of communities of small peoples, unions (associations) of communities of small peoples, may vest them with separate powers of local government bodies.
2. Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinions of communities of small peoples.
3. State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, and their officials do not have the right to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, except for cases provided for by federal legislation and the legislation of constituent entities of the Russian Federation. Federation. Actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies, their officials, violating the independence of communities of small peoples, unions (associations) of communities of small peoples, can be appealed in the manner established by federal legislation.
Article 8. Organization of communities of small peoples
1. Communities of small peoples are organized on a voluntary basis on the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).
Communities of small peoples are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community.
2. Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three.
Foreign citizens and stateless persons cannot be founders of communities of small peoples.
The founders cannot be legal entities.
State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be founders of communities of small peoples.
3. The constituent documents of a community of small-numbered peoples are:
memorandum of association;
The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members.
The constituent documents of a community of small-numbered peoples must define:
name of the community;
location;
main types of management.
The constituent documents of a community of small peoples may contain other information provided for by this Federal Law and the laws of the constituent entities of the Russian Federation.
Constituent documents are signed by the founders of the community of small peoples.
From the moment a decision is made to organize a community of small peoples, it is considered created.
The created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.
4. By decision of the general meeting (gathering) of members of the community of small-numbered peoples, persons who are not members of the small-numbered peoples, who carry out traditional farming and are engaged in the traditional crafts of the small-numbered peoples, can be accepted as members of the community.
5. A person’s refusal to join a community of small peoples cannot serve as a basis for limiting his right to independently carry out traditional farming and engage in traditional crafts.
Article 9. Constituent assembly of the community of small-numbered peoples
Decisions on the creation of a community of small-numbered peoples, on the approval of its charter, on the formation of governing bodies and control bodies are made at constituent assembly communities of small peoples. All citizens living in the territory (part of the territory) of the corresponding municipality have the right to attend the founding meeting of a community of small peoples.
Article 10. Charter of the community of small-numbered peoples
1. The charter of a community of small peoples must determine:
type of community, subject and goals of its activities;
composition of founders;
name and location;
sources of formation of community property and the procedure for its use;
the procedure for distributing income from the sale of surplus products of traditional farming and products of traditional crafts;
procedure for compensation of losses;
conditions of liability of community members for debts and losses of the community;
the procedure for using property in the event of liquidation of the community;
the structure and competence of the community's governing bodies, the procedure for their decision-making, the list of issues on which decisions are made by a qualified majority of votes;
the procedure for making changes and additions to the constituent documents;
frequency of holding a general meeting (gathering) of community members;
the procedure for reorganization and liquidation of the community;
rights and responsibilities of community members;
the procedure and conditions for admission to and exit from the community;
the procedure and nature of participation of community members in its economic activities;
responsibility of community members for violation of obligations regarding personal labor and other participation.
The charter of a community of small peoples may contain a description of the symbols of a community of small peoples.
The charter of a community of small-numbered peoples may contain other provisions related to the activities of the community that do not contradict federal legislation.
2. A community of small peoples must report changes to its charter to state authorities and (or) local governments within the time frame and in the manner established by the legislation of the constituent entities of the Russian Federation.
Article 11. Membership in the community of small peoples
1. Membership in a community of small peoples can be collective (membership of families (clans)) and individual (membership of persons belonging to small peoples).
Individual members of a community of small peoples can be persons belonging to small peoples who have reached the age of 16 years, leading a traditional way of life for these peoples, carrying out traditional farming and engaging in traditional crafts.
Members of a community of small peoples have the right to leave it.
In case of leaving the community of small-numbered peoples, a member of the community and members of his family are given a share of the property of the community of small-numbered peoples.
When one or more of its members leave the community and are allocated a share of the community’s property, it must be ensured that those who leave have the opportunity to lead a traditional way of life and carry out traditional farming.
The rights and obligations of members of a community of small peoples, the procedure and conditions for joining and leaving the community are determined by the charter of the community of small peoples.
Foreign citizens and stateless persons cannot be members of a community of small peoples, but have the right to provide communities of small peoples, unions (associations) of communities of small peoples with material, financial and other assistance.
2. Belonging to a community of small-numbered peoples of persons belonging to small-numbered peoples cannot serve as a basis for restricting their human and civil rights and freedoms, as a condition for granting them any benefits and advantages, except for cases provided for by federal legislation.
3. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be members of a community of small peoples.
Article 12. Rights of members of the community of small peoples
1. Members of a community of small peoples, in accordance with the charter of a community of small peoples, have the right to:
participation in community decision-making;
participation in elections of community governing bodies and the right to be elected to these bodies;
receiving a share from the property of the community or its compensation upon leaving the community or upon its liquidation;
leaving the community;
other rights provided for by the community charter.
2. Members of a community of small peoples, in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation, have the right to use animals and flora, common minerals and other natural resources.
Article 13. Responsibilities of members of the community of small peoples
1. Members of a community of small peoples are obliged to:
comply with the community charter;
rational use of natural resources and implementation of environmental measures;
perform other duties provided for by the legislation of the Russian Federation.
2. Members of the community of small peoples are liable for the obligations of the community of small peoples within the limits of their share from the property of the community of small peoples.
3. The community of small peoples is not responsible for the obligations of its members.
Article 14. General meeting (gathering) of members of the community of small peoples
1. The highest governing body of a community of small peoples is the general meeting (gathering) of members of the community of small peoples.
A general meeting (gathering) of members of a community of small-numbered peoples is convened as needed, the frequency of its holding is determined by the charter.
A general meeting (gathering) of members of a community of small-numbered peoples is considered authorized if at least half of the community members participate in it, unless other rules are established by the community charter.
The charter of a community of small-numbered peoples may provide for the convening of a general meeting (gathering) of community members at the request of at least one third of its members.
The general meeting (gathering) of members of the community of small-numbered peoples considers all the most important issues of the life of the community of small-numbered peoples.
2. The exclusive competence of the general meeting (gathering) of members of the community of small-numbered peoples includes:
adoption of the community charter;
election of the board (council) of the community and its chairman;
acceptance of new members;
exclusion from the community;
determination of the main directions of the community’s activities;
election of the audit commission;
making decisions on reorganization, liquidation and self-dissolution of the community;
approval of decisions of the chairman of the board (council) of the community.
The charter of a community of small peoples may include other issues related to the activities of a community of small peoples within the powers of the general meeting (gathering) of members of a community of small peoples.
Article 15. Board (council) of the community of small-numbered peoples
1. The governing body of a community of small-numbered peoples is the board (council) of the community of small-numbered peoples.
The board (council) of a community of small-numbered peoples is elected consisting of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the community of small-numbered peoples by a simple majority of votes.
The board (council) of the community of small peoples organizes the activities of the community of small peoples during breaks between general meetings (gatherings) of members of the community of small peoples and holds meetings as necessary.
The powers of the board (council) of a community of small peoples and the term of office are established by the charter of the community of small peoples.
Members of the community who received more than half of the votes of its members present at the general meeting (gathering) of community members are considered elected to the board (council) of a community of small-numbered peoples.
2. The board (council) of a community of small peoples has the right:
consider applications from citizens who have expressed a desire to join the community and recommend them for joining the community;
determine the number of workers attracted by the community of small peoples according to employment contracts, and the procedure for remuneration for their labor in accordance with the labor legislation of the Russian Federation;
approve the decision of the chairman of the board (council) of the community.
The charter of a community of small-numbered peoples may grant other powers to the board (council) of the community.
Article 16. Powers of the chairman of the board (council) of a community of small peoples
Chairman of the board (council) of the community of small-numbered peoples:
organizes the work of the board (council) of the community;
during the period between meetings of the board (council) of the community, resolves all organizational, production and other issues, with the exception of those issues that are the responsibility of the general meeting (gathering) of community members or the board (council) of the community;
in accordance with the community charter, assembles the board (council) of the community and the general meeting (gathering) of community members;
represents the community in relations with state authorities of the constituent entities of the Russian Federation and local governments.
The charter of a community of small-numbered peoples may grant other powers to the chairman of the board (council) of the community.
Article 17. Property of communities of small peoples
1. The ownership of communities of small peoples may include:
property transferred by community members as a contribution (contribution) during the organization of the community;
financial resources, owned by the community (own and borrowed);
voluntary donations from individuals and legal entities, including foreign ones;
other property acquired or received by the community in accordance with the legislation of the Russian Federation.
2. Communities of small peoples independently own, use and dispose of their property.
3. Communities of small peoples, with the consent of community members, have the right to sell the products of labor produced by its members.
4. Communities of small peoples bear material and other responsibility in accordance with the legislation of the Russian Federation.
Article 18. Benefits provided to members of the community of small peoples
In order to protect the original habitat, preserve and develop the traditional way of life and economic management of small peoples, members of the community of small peoples enjoy benefits established by federal legislation and the legislation of the constituent entities of the Russian Federation.
Article 19. Activities of communities of small peoples in the field of education and culture
1. In order to preserve the cultures of small peoples, communities of small peoples can organize the upbringing and education of children of community members, based on the traditions and customs of these peoples.
The involvement of teachers for the upbringing and education of children of members of a community of small-numbered peoples can be carried out on the basis of agreements between communities of small-numbered peoples and authorities executive power subjects of the Russian Federation and local governments.
2. Communities of small peoples have the right to respect religious traditions and rituals of small peoples, if such traditions and rituals do not contradict the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation, maintenance and protection places of worship, creating your own cultural centers and other public associations.
Article 20. Unions (associations) of communities of small peoples
1. Communities of small peoples, regardless of their types of economic activity, have the right to voluntarily unite into unions (associations) of communities on the basis of constituent agreements and (or) charters adopted by unions (associations) of communities. The legal capacity of unions (associations) of communities of small peoples as legal entities arises from the moment of their state registration.
Unions (associations) of communities of small peoples are not commercial organizations.
2. Communities of small peoples - members of the union (association) of communities of small peoples retain their independence and the rights of a legal entity.
3. The union (association) of communities of small peoples is not responsible for the obligations of its members. Members of a union (association) of communities of small peoples bear subsidiary liability for the obligations of the union (association) in the amount and manner provided for by the constituent documents of the union (association).
4. The name of the union (association) of communities of small peoples must contain an indication of the main subject of activity of its (her) members with the inclusion of the word “union” or “association”.
Article 21. Reorganization of communities of small peoples, unions (associations) of communities of small peoples
1. Reorganization of communities of small peoples, unions (associations) of communities of small peoples is carried out by decision of a general meeting (gathering) of members of a community of small peoples or a congress (conference) of unions (associations) of communities, adopted by a qualified majority of members of a community of small peoples or a union (association) of communities small peoples.
2. Reorganization of communities of small peoples, unions (associations) of communities of small peoples can be carried out in the form of merger, annexation, division and separation of communities.
3. State registration of communities of small peoples, unions (associations) of communities of small peoples, newly formed after reorganization, is carried out in the manner established by federal legislation.
4. Property of communities of small peoples, unions (associations) of communities of small peoples that are legal entities, passes after their reorganization to the newly formed communities of small peoples, unions (associations) of communities of small peoples that have become legal entities, in the manner prescribed by the Civil Code of the Russian Federation.
Article 22. Liquidation of communities of small peoples, unions (associations) of communities of small peoples
1. Communities of small peoples, unions (associations) of communities of small peoples may be liquidated on the basis and in the manner established by federal legislation.
2. In addition, communities of small peoples may be liquidated in the event of:
withdrawal from the community of more than two thirds of the founders or members of this community or other actual impossibility of continuing the activities of this community;
cessation of traditional farming and traditional crafts;
repeated gross violations by the community of the goals defined in the charter of this community. Liquidation is carried out by court decision.
3. When a community of small-numbered peoples is liquidated, its property remaining after satisfaction of the creditors’ claims is subject to distribution among members of the community in accordance with their share of the property of the community of small-numbered peoples, unless otherwise established by the charter of the community of small-numbered peoples. The decision on the use of the property of a community of small peoples, a union (association) of communities of small peoples remaining after satisfaction of the creditors' claims is published by the liquidation commission in the press.
4. An entry on the termination of the activities of a community of small-numbered peoples is made in the register of the justice body carrying out state registration of legal entities upon submission of the following documents:
an application to terminate the activities of the community, signed by a person authorized by the general meeting (gathering) of members of the community of small-numbered peoples;
decision of the relevant authority to liquidate the community;
charter of the community of small peoples;
liquidation or separation balance sheet;
document on the destruction of the community seal.
Disputes regarding the liquidation of communities of small peoples are resolved in court.
The liquidation of a union (association) of communities of small peoples is carried out in accordance with the charter of this union (association) of communities of small peoples in the manner prescribed by federal legislation.
The decision to liquidate a community of small peoples, a union (association) of communities of small peoples that are legal entities, is sent to the justice body that registered the community of small peoples, a union (association) of communities of small peoples.
If a community of small peoples has not passed state registration, the decision on its liquidation or self-dissolution is sent to state authorities and (or) local governments in the manner and within the time frame established by the legislation of the constituent entities of the Russian Federation.
Article 23. Appeal against actions of state authorities and local self-government bodies
Communities of small peoples have the right to appeal to the court the actions of state authorities, local governments, and their officials that infringe on the rights of communities of small peoples and their members, in the manner prescribed by law, and also demand compensation for losses caused to them as a result of damage to the environment.
Article 24. Final provisions
1. This Federal Law comes into force on the date of its official publication.
2. To propose to the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts into compliance with this Federal Law.
The president
Russian Federation
V. Putin
The community of indigenous small-numbered peoples of the Russian Federation (community of small-numbered peoples) is a form of self-organization of persons belonging to the indigenous small-numbered peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborhood principles in order to protect their original habitat, preserve and development of traditional way of life, economics, crafts and culture.
The indigenous peoples of the North, Siberia and the Far East include peoples living in the territories where their ancestors settled, numbering less than 50,000 people and recognizing themselves as independent ethnic communities.
The specifics of the legal status of communities of small-numbered peoples, their creation, reorganization and liquidation, management are determined by the Federal Law of July 20, 2000 No. 104-FZ “On the general principles of organizing communities of indigenous small-numbered peoples of the North, Siberia and the Far East of the Russian Federation.”
Communities of small peoples are organized on a voluntary basis from persons who have reached the age of 18, upon their written application or by making an entry in the minutes of the general meeting (gathering) of community members. Communities can be established individuals- citizens of the Russian Federation (at least three), belonging to small nations and over 18 years of age.
Membership in a community of small peoples can be collective (family, clan) or individual. The right of individual membership is granted to citizens of the Russian Federation who belong to small nations and have reached 16 years of age. Members of the community can be persons who are not members of small peoples, but who carry out traditional economic activities and crafts of small peoples. Legal entities, government bodies of the Russian Federation, constituent entities of the Federation and local self-government, and their officials cannot be either founders or members of a community of small-numbered peoples.
Members of a community of small-numbered peoples are liable for the obligations of the community within the limits of their share in the property of the community. The community is not responsible for the obligations of its members.
Communities of small peoples conduct their activities on the basis of a constituent agreement and charter. They must define the name of the community, location, main types of economic activity and other information provided for by the legislation of the Russian Federation and the constituent entities of the Federation. From the moment a decision is made to organize a community, it is considered created and is subject to mandatory state registration.
Decisions on the creation of a community, approval of its charter, formation of governing bodies and control bodies are made at the constituent meeting, where all citizens living in the territory (part of the territory) of the relevant municipality have the right to be present.
A community of small-numbered peoples may own property transferred by its members as a contribution; financial resources belonging to the community (own and borrowed); voluntary donations from individuals and legal entities, including foreign ones; other property acquired or received by the community. Communities independently own, use and dispose of their property. They have the right to carry out business activities that comply with the statutory goals.
Communities of small peoples, regardless of their types of economic activity, have the right to voluntarily unite into unions (associations) of communities on the basis of constituent agreements and (or) charters adopted by unions (associations) of communities. 2.4.
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IN GK Changes have been made in accordance with which a new type of non-profit organization - the community of indigenous peoples of the Russian Federation - has received legislative recognition.
Art. 69 The Constitution of the Russian Federation established that the Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms international law and international agreements.
This type of non-profit organization was first mentioned in the Law on Non-Profit Organizations. So, in clause 4 art. 6.1 The Law on Non-Profit Organizations states that the specifics of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.
In development of these provisions Constitution RF and Law The following legal acts were adopted on non-profit organizations: the federal law dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, the federal law dated July 20, 2000 N 104-FZ “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”, the federal law dated May 7, 2001 N 49-FZ "On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." At the same time, it is fundamental the federal law dated April 30, 1999 N 82-FZ, in which the guarantees of the rights of indigenous peoples are set out most fully.
The need for a special legal status for indigenous peoples of the Russian Federation is due, first of all, to the fact that such peoples, in addition to the fact that they are small in number, live in extreme climatic conditions that have a negative impact on the human body. The labor activity of these peoples in traditional and practically the only areas of economic activity possible for them is significantly and constantly hampered by the reduction of the natural resources at their disposal and which are the source of their existence. The impact of such negative factors can lead to their complete extinction. In this regard, it is necessary to adopt special legal acts providing for additional measures of their legal protection.
According to Art. 123.16 The Civil Code of Communities of Indigenous Peoples of the Russian Federation recognizes voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial neighbors in order to protect the original habitat, preserve and develop traditional ways of life, economics, crafts and culture .
Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three.
Foreign citizens and stateless persons cannot be founders of communities of small peoples.
The founders cannot be legal entities.
State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies, and their officials cannot be founders of communities of small peoples.
Members of a community of indigenous peoples of the Russian Federation have the right to receive part of its property or compensation for the cost of such part upon leaving the community or its liquidation in the manner prescribed by law.
The community of indigenous peoples of the Russian Federation, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization.
In turn, the definition of indigenous peoples is given in Art. 1 Federal Law of April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”, according to which indigenous peoples of the Russian Federation are peoples living in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities.
The unified list of indigenous peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of state authorities of the constituent entities of the Russian Federation in the territories of which these peoples live ( Resolution The Government of the Russian Federation dated March 24, 2000 N 255 established such Scroll).
Community members have the right to receive part of its property or compensation for the cost of such part upon leaving the community of small peoples or upon its liquidation. The procedure for determining part of the property of a community of small-numbered peoples or compensation for the cost is established by law.
Commentary on Article 123.16
- Commented article dedicated to special type legal entity - communities of indigenous peoples of the Russian Federation, introduced by Federal Law of May 5, 2014 N 99-FZ, the adoption of which was the normative consolidation of the legal status of communities of indigenous peoples of the Russian Federation, classified by the legislator as a closed list of non-profit corporate organizations.
The legislator has defined the concept of communities of indigenous peoples of the Russian Federation, according to which communities of indigenous peoples of the Russian Federation are recognized as voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial neighbors in order to protect the ancestral habitat, preserve and develop traditional way of life, management, crafts and culture (clause 1 of the commented article).
The community of indigenous peoples of the Russian Federation is a legal personality, membership-based, non-profit corporate organization.
The legislative definition of communities of indigenous peoples contains the features of this organizational and legal form, namely:
– these are voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation;
– sign of unification – consanguineous and (or) territorial neighbor;
– the goals of the association are the protection of the original habitat, the preservation and development of traditional ways of life, farming, crafts and culture.
As for the indicated characteristics of communities of indigenous peoples of the Russian Federation, it should be noted that only a citizen of the Russian Federation can be a member of a community of indigenous peoples of the Russian Federation. Membership in the community of indigenous peoples of the Russian Federation can be collective (membership of families (clans)) and individual (membership of persons belonging to indigenous peoples). At the same time, individual members of a community of small peoples can be persons belonging to small peoples who have reached the age of 16 years, leading a traditional way of life for these peoples, carrying out traditional farming and engaging in traditional crafts.
The legislator classifies as indigenous peoples of the North, Siberia and the Far East of the Russian Federation peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving traditional ways of life, farming and crafts, numbering less than 50 thousand people and self-aware independent ethnic communities (Article 1 of the Federal Law of July 20, 2000 N 104-FZ “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”<1>(hereinafter referred to as Law No. 104-FZ)).
By Decree of the Government of the Russian Federation of March 24, 2000 N 255, the Unified List of Indigenous Minorities of the Russian Federation was approved<1>, which includes 47 indigenous peoples of the Russian Federation: Abazas, Aleuts, Alyutors, Besermyans, Vepsians, Vods, Dolgans, Izhorians, Itelmens, Kamchadals, Kereks, Kets, Koryaks, Kumandins, Mansi, Nagaibaks, Nanais, Nganasans, Negidals, Nenets, Nivkhs, Oroks (Ulta), Orochs, Sami, Selkups, Seto (Seto), Soyots, Tazy, Telengits, Teleuts, Tofalars (Tofa), Tubalars, Tuvans - Todzhins, Udege, Ulchi, Khanty, Chelkans, Chuvans, Chukchi, Chulyms , Shapsugs, Shors, Evenks, Evens (Lamuts), Enets, Eskimos, Yukaghirs.
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Territories of traditional nature management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation are specially protected areas formed for traditional nature management and traditional way of life by indigenous peoples of the North, Siberia and the Far East (Article 1 of the Federal Law of May 7, 2001 N 49-FZ “On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”<1>).
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According to Federal Law No. 49-FZ of May 7, 2001, traditional nature management by indigenous peoples of the North, Siberia and the Far East of the Russian Federation means historically established methods of using flora and fauna and other natural resources by indigenous peoples of the North and Siberia that ensure sustainable use of natural resources. and the Far East of the Russian Federation. The same Law also provides a definition of the customs of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation - these are traditionally established and widely used rules for the conduct of traditional nature management and traditional way of life by the indigenous peoples of the North, Siberia and the Far East of the Russian Federation.
The legislative definition of the traditional way of life of small peoples is given in paragraph 2 of Art. 1 of the Federal Law of April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”<1>- this is a historically established way of supporting the livelihoods of small peoples, based on the historical experience of their ancestors in the field of environmental management, original social organization of living, original culture, preservation of customs and beliefs.
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<1>Collection of legislation of the Russian Federation. 1999. N 18. Art. 2208.
The original habitat of small peoples is understood as a historically established area within which small peoples carry out cultural and everyday life activities and which affects their self-identification and way of life (Clause 3 of Article 1 of the Federal Law of April 30, 1999 N 82-FZ) .
Only persons belonging to small peoples who have reached the age of 18 can act as founders of communities of small peoples. The number of founders cannot be less than three. The will to join the community of small peoples must be expressed in the form of a written statement or as an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples) (Article 8 of Law No. 104-FZ).
Cannot be founders of communities of indigenous peoples Foreign citizens and stateless persons; legal entities; state authorities of the Russian Federation, state authorities of the constituent entities of the Federation, local government bodies, their officials (clause 2 of article 8 of Law No. 104-FZ).
Initially, the definition of indigenous peoples was given in Art. 1 of Federal Law of April 30, 1999 N 82-FZ.
A similar legislative definition of a community of small peoples is contained in Art. 1 of Law N 104-FZ - these are forms of self-organization of persons belonging to small nations and united according to consanguinity (family, clan) and (or) territorial-neighborhood, created in order to protect their original habitat, preserve and develop traditional ways of life, management, crafts and culture.
Subsequently, the definition of a community of indigenous peoples of the Russian Federation was introduced by the legislator in Art. 6.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”.
The full name of communities of indigenous peoples of the Russian Federation is determined depending on their type.
In Art. 1 of Law N 104-FZ provides a list of types of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation - family (tribal) and territorial-neighborhood communities, and also gives their definition:
- family (tribal) communities of small peoples - forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts;
– territorial-neighboring communities of small peoples – forms of self-organization of persons belonging to small peoples, permanently residing (compactly and (or) dispersedly) in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional farming and engaged in traditional crafts.
Communities of indigenous peoples of the Russian Federation, like other non-profit corporate organizations, are created for purposes aimed at achieving public benefits. Thus, a socially useful goal, as follows from the legislative definition, is the protection of the original habitat, the preservation and development of the traditional way of life, economic management, crafts and culture of the indigenous peoples of the Russian Federation. It should be noted that in practice, the activities of communities of indigenous peoples of the Russian Federation are much broader.
By order of the Government of the Russian Federation of May 8, 2009 N 631-r<1>Not only a list of places of traditional residence and traditional economic activities of indigenous peoples of the Russian Federation was approved, but also a list of types of their traditional economic activities.
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<1>Collection of legislation of the Russian Federation. 2009. N 20. Art. 2493.
- The legal basis for guaranteeing the rights of communities of indigenous peoples of the Russian Federation is, first of all, Art. 69 of the Constitution of the Russian Federation, according to which the Russian Federation guarantees the rights of indigenous peoples in accordance with generally recognized principles and norms of international law and international treaties RF.
The legal basis for regulating communities of indigenous peoples of the Russian Federation also consists of the Civil Code of the Russian Federation (part one); Land Code of the Russian Federation; Forest Code of the Russian Federation dated December 4, 2006 N 200-FZ<1>; Water Code of the Russian Federation dated June 3, 2006 N 74-FZ<2>; Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation”<3>; Federal laws: dated April 24, 1995 N 52-FZ “On the Animal World”<4>; dated January 12, 1996 N 7-FZ “On Non-Profit Organizations”; dated April 30, 1999 N 82-FZ “On guarantees of the rights of indigenous peoples of the Russian Federation”; dated July 20, 2000 N 104-FZ “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”; dated May 7, 2001 N 49-FZ “On the territories of traditional environmental management of indigenous peoples of the North, Siberia and the Far East of the Russian Federation”<5>; dated August 8, 2001 N 129-FZ “On state registration of legal entities and individual entrepreneurs”; dated February 7, 2003 N 21-FZ “On temporary measures to ensure the representation of indigenous peoples of the Russian Federation in the legislative (representative) bodies of state power of the constituent entities of the Russian Federation”<6>; dated December 20, 2004 N 166-FZ “On fishing and conservation of aquatic biological resources” <7>; dated July 24, 2009 N 209-FZ “On hunting and the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation”<8>.
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<1>Collection of legislation of the Russian Federation. 2006. N 50. Art. 5278.
<2>Collection of legislation of the Russian Federation. 2006. N 23. Art. 2381.
<3>Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 32. Art. 1227.
<4>Collection of legislation of the Russian Federation. 1995. N 17. Art. 1462.
<5>Collection of legislation of the Russian Federation. 2001. N 20. Art. 1972.
<6>Collection of legislation of the Russian Federation. 2003. N 6. Art. 504.
<7>Collection of legislation of the Russian Federation. 2004. N 52 (part I). Art. 5270.
<8>Collection of legislation of the Russian Federation. 2009. N 30. Art. 3735.
The peculiarities of the organization and activities of communities of small-numbered peoples in the constituent entities of the Russian Federation are regulated by such legal acts as the Law of the Khanty-Mansiysk Autonomous Okrug of November 19, 2001 N 73-oz “On communities of indigenous small-numbered peoples in the Khanty-Mansiysk Autonomous Okrug”, the Law of the Republic of Tyva dated June 10, 2011 N 678 VX-1 “On the procedure and timing for the community of the indigenous small people of the Tuvinians-Todzha to send a message about changes to the charter, a decision on liquidation or self-dissolution”, Law of the Yamalo-Nenets Autonomous Okrug dated December 28, 2005. N 114-ZAO “On state support for communities of indigenous peoples of the North and organizations implementing traditional types economic activity on the territory of the Yamalo-Nenets Autonomous Okrug”, Law of the Republic of Sakha (Yakutia) of October 17, 2003 82-3 N 175-111, 434-3 N 883-111 “On the tribal, tribal nomadic community of indigenous peoples of the North” and etc.
A certain role in regulating the communities of indigenous peoples of the Russian Federation belongs to the decrees of the Government of the Russian Federation, among which should be mentioned Resolutions of December 31, 1997 N 1664 “On reforming the system state support regions of the North"<1>; dated March 24, 2000 N 255 “On the Unified List of Indigenous Minorities of the Russian Federation”<2>; dated May 28, 2004 N 256 “On approval of the Regulations on the procedure for passing an alternative civil service” <3>; Government Decree Leningrad region dated May 8, 2014 N 169 “On the early completion of the long-term target program “Supporting the ethnocultural identity of indigenous peoples living in the Leningrad region for 2012 – 2014”<4>and a number of others.
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<1>Collection of legislation of the Russian Federation. 1998. N 2. Art. 256.
<2>Collection of legislation of the Russian Federation. 2000. N 14. Art. 1493.
<3>Collection of legislation of the Russian Federation. 2004. N 23. Art. 2309.
<4>Official Internet portal of the Administration of the Leningrad Region http:// www.lenobl.ru, 05/12/2014.
In accordance with the order of the Government of the Russian Federation dated February 4, 2009 N 132-r<1>Concept adopted sustainable development indigenous peoples of the North, Siberia and the Far East of the Russian Federation, and by order of the Government of the Russian Federation of October 12, 2012 N 1906-r<2>the Action Plan for implementation in 2012 – 2015 was approved. of this Concept.
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<1>Collection of legislation of the Russian Federation. 2009. N 7. Art. 876.
<2>Collection of legislation of the Russian Federation. 2012. N 42. Art. 5773.
- The need for a special legal status for indigenous peoples of the Russian Federation, the need to form a special public policy in relation to their sustainable development, which provides for systemic measures to preserve the original culture, traditional way of life and ancestral habitat of these peoples, are due to difficult natural and climatic conditions, the vulnerability of the traditional way of life and the small number of each people. The creation of such an organizational and legal form of non-profit legal entities as a community of indigenous peoples of the Russian Federation is predetermined by the need to represent their interests, as well as to act in civil circulation.
Communities of indigenous peoples of the Russian Federation are organized without a limitation on the period of activity, unless otherwise established by the constituent documents of the community. Membership is at the core of their activities.
The rights and obligations of members of a community of small peoples, the procedure and conditions for joining and leaving the community are determined by the charter of the community of small peoples.
The constituent documents of a community of small-numbered peoples are the constituent agreement and charter. The founding agreement is concluded by the founders of the community of small-numbered peoples, and the charter is approved by the general meeting (gathering) of community members (Article 8 of Law No. 104-FZ).
In accordance with paragraph 1 of Art. 3 of the Law on Non-Profit Organizations, a non-profit organization is considered created as a legal entity from the moment of its state registration in the manner prescribed by law. However, in paragraph 3 of Art. 8 of Law N 104-FZ stipulates that from the moment a decision is made to organize a community of small peoples, it is considered created. At the same time, the created community of indigenous peoples of the Russian Federation is subject to mandatory state registration with the Ministry of Justice of the Russian Federation, and only then does it acquire the rights of a legal entity.
As we have already noted, the goals of the community of indigenous peoples are to protect their ancestral habitat, preserve and develop traditional ways of life, economics, crafts and culture.
The highest governing body of a community of small-numbered peoples is the general meeting (gathering) of members of such a community, which has the right to consider and make decisions on the most important issues life activity of the community of small peoples. His exclusive competence includes the adoption of the charter and amendments to it, the determination of the main directions of activity, the election of the board (council) of the community and its chairman, the admission and exclusion of members, the election of the audit commission, the decision on the reorganization, liquidation and self-dissolution of the community, the approval of decisions of the chairman of the board (council) of the community, as well as other issues of the activities of the community of small peoples.
A general meeting (gathering) of members of a community of small-numbered peoples is convened as needed, the frequency of its holding is determined by the charter, which may provide for its convening at the request of at least 1/3 of the community members.
The general meeting is valid when at least half of the community members are present, unless the community charter establishes other rules.
One of the governing bodies of the community of indigenous peoples of the Russian Federation is the board (council), which is elected consisting of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) by a simple majority of votes and organizes the activities of the community during breaks between general meetings. meetings (gatherings) of community members, and also holds meetings as necessary.
The powers of the board (council) of a community of small peoples and the term of office are established by the charter of the community of small peoples.
The competence of the board (council) of a community of small-numbered peoples includes consideration and decision-making on applications from citizens who have expressed a desire to join the community; determining the number of workers hired by the community under labor contracts and the procedure for remunerating them; approval of the decision of the chairman of the board (council) of the community; other powers provided for by the community charter.
Also, the governing body of a community of small-numbered peoples is the chairman of the board (council), who organizes the work of the board (council) of the community; during the period between meetings of the board (council) of the community, resolves all organizational, production and other issues, with the exception of those issues that are the responsibility of the general meeting (gathering) of community members or the board (council) of the community; in accordance with the community charter, assembles the board (council) of the community and the general meeting (gathering) of community members; represents the community in relations with state authorities of the constituent entities of the Russian Federation and local governments. The charter of a community of small-numbered peoples may grant other powers to the chairman of the board (council) of the community.
The property of a community of small peoples may include:
– property transferred by community members as a contribution (contribution) to the organization of the community;
– financial resources belonging to the community (own and borrowed);
– voluntary donations from individuals and legal entities, including foreign ones;
– other property acquired or received by the community in accordance with the legislation of the Russian Federation.
Land plots and other isolated natural objects, located within the boundaries of territories of traditional environmental management, are provided to persons belonging to small peoples and communities of small peoples in accordance with the legislation of the Russian Federation (Article 11 of the Federal Law of May 7, 2001 N 49-FZ).
Thus, the community of indigenous peoples of the Russian Federation as a non-profit corporate organization has its own name, charter and governing bodies, seal and bank account, and is also the owner of its property.
Members of the community of indigenous small-numbered peoples of the Russian Federation, in accordance with the charter of the community of small-numbered peoples, have the right to receive a share from the property of the community or its compensation upon leaving the community or upon its liquidation (clause 1 of Article 12 of Law No. 104-FZ).
Members of the community of indigenous small peoples of the Russian Federation are liable for the obligations of the community of small peoples within the limits of their share from the property of the community of small peoples. The community of indigenous peoples of the Russian Federation is not responsible for the obligations of its members (clauses 2, 3, article 13 of Law No. 104-FZ).
A community of indigenous peoples has the right to carry out business activities that correspond to the goals for which it was created (Clause 2 of Article 6.1 of the Law on Non-Profit Organizations). In Part 3 of Art. 13 of the Federal Law of May 7, 2001 N 49-FZ, the legislator determined the possibility of using natural resources located in territories of traditional natural resource management, citizens and legal entities to carry out business activities, if specified activity does not violate legal regime territories of traditional nature management.
It should be noted that the right of members of the community of indigenous peoples of the Russian Federation to receive part of its property or compensation for the cost of such part upon leaving the community or its liquidation is legislated (clause 2 of the commented article). The cause of of this rule served as enshrined in Art. 17 of Law N 104-FZ stipulates that a community of small-numbered peoples may own property transferred by members of the community as a contribution (contribution) when organizing the community. The procedure for determining part of a community's property or compensating the value of this part upon leaving the community or its liquidation is established by the legislation of the Russian Federation on communities of indigenous peoples.
In this regard, communities of indigenous peoples of the Russian Federation occupy an intermediate position between non-profit and commercial organizations, since the specified right of members of a community of indigenous peoples to its property does not correspond to its purpose as a non-profit organization.
In accordance with Art. 22 of Law N 104-FZ, communities of indigenous peoples of the Russian Federation are liquidated in judicial procedure in the event of more than 2/3 of the founders or members of this community leaving the community or other actual impossibility of continuing the activities of this community; cessation of traditional farming and traditional crafts; repeated gross violations by the community of the goals defined in the charter of this community.
When a community of indigenous peoples of the Russian Federation is liquidated, its property remaining after satisfying the creditors' claims is subject to distribution among members of the community in accordance with their share of its property, unless otherwise established by the community's charter. The decision on the use of the remaining property of the community of indigenous peoples of the Russian Federation after satisfaction of the creditors' claims is published by the liquidation commission in the press.
The liquidation is considered completed, and the community of indigenous peoples of the Russian Federation is considered to have ceased to exist after making an entry to this effect in the Unified State Register of Legal Entities.
- In accordance with paragraph 3 of the commented article, the community of indigenous peoples of the Russian Federation, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization.
