How to create a community of small peoples of the North. Communities of indigenous peoples of the Russian Federation - as non-profit organizations How to register a community of indigenous peoples of the Russian Federation

The most different reasons may lead to the question of how to create a community small peoples north. Such communities are usually needed to preserve culture and species economic activity, development of traditions, protection of habitat and conduct of traditional crafts. The presence of a community helps to resolve many issues that cannot be resolved by an individual.

How does community creation work?

To create a community you will need the following documents:

• Charter developed and approved by the founders. It indicates the name of the organization, its location, and the main types of activities (economics) that the organization will conduct. The contents of the charter are regulated and subject to state requirements;
• Passport details of the founders and management;
• Form P11001, correctly completed and certified by a notary;
• Paid receipt of state duty;
• Memorandum of association.

The charter establishes the body that makes decisions. Usually this is a general meeting of society members. According to the law, such organizations are considered non-profit. But they can lead commercial activities, for example, to put up for sale the results of one’s craft or labor.

How to register an organization

The community is a legal entity and can defend its interests only if it has been registered. Otherwise, it does not have the rights of a legal entity. Only persons over 16 years of age can join the organization; if they wish, they can leave the community.

Registration of communities of indigenous peoples of the north is carried out by the Ministry of Justice of the Russian Federation. If you have doubts about how to register a legal entity, you can choose one of the following paths:

• Ask questions directly to the Ministry of Justice. Employees should tell you how to fill out documents;
• Seek help from professional lawyers. This will help get rid of all problems and shift headache registration of a legal entity falls on the shoulders of professionals.

Law of KAO dated December 30, 1998 N 71З

Law of KAO dated November 14, 2000 N 162

Law of KAO dated 04.05.2001 N 13

Law of KAO dated October 15, 2001 N 67

This Law establishes the principles of organization and activity of communities of indigenous peoples of the North of the Koryak Autonomous Okrug, created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of indigenous peoples in the conditions market economy, and also determines legal basis community form of self-government and state guarantees for its implementation.

CHAPTER 1.

GENERAL PROVISIONS

Article 1. Basic concepts

Indigenous small-numbered peoples of the North (hereinafter referred to as indigenous peoples) - peoples living in the Koryak Autonomous Okrug in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, farming and crafts, and recognizing themselves as independent ethnic communities;

representatives of other ethnic communities - representatives of ethnic communities that are not related to the indigenous peoples of the district, but permanently reside in the areas where these peoples live and carry out the traditional management of indigenous peoples;

community - a form of self-organization of persons belonging to the indigenous peoples of the district and united on blood-related or territorial-neighborhood grounds, created in order to protect the original habitat, preserve and develop the traditional way of life, economics, crafts, culture and languages ​​of the indigenous peoples. The First Nations community is a non-profit organization;

territories of traditional nature management - lands (reindeer pastures, hunting grounds, areas of surface water bodies, internal sea ​​waters, coastal strip etc.) provided for community land use for the purposes of reindeer husbandry, hunting, fishing, marine hunting, wild plant collection and other types of economic activities, taking into account the traditional settlement and way of life of indigenous peoples living in the Koryak Autonomous Okrug;

territories of traditional settlement and economic activity - lands, water spaces, developed and inhabited by many generations of the ancestors of indigenous peoples and ethnic communities of other peoples;

communal land use - collective ownership, use and disposal of land, water bodies, their biological resources in accordance with the laws Russian Federation and Koryak Autonomous Okrug, regulatory legal acts of local governments and charters of communities of indigenous peoples of the North;

communal property of indigenous small peoples of the North - collective property of communities acquired, created or transferred by other owners for collective use, ownership and disposal by the corresponding community;

traditional way of life of indigenous peoples - a historically established way of livelihood of indigenous peoples, based on the historical experience of their ancestors in the field of environmental management, original culture, preservation of customs and beliefs;

traditional economic management of indigenous peoples - historically established methods of nature management, subsistence farming, production of household items and traditional crafts inherent to indigenous peoples;

traditional nature management - historically established ways of using animal and flora ancestral habitats of indigenous peoples, ensuring sustainable environmental management.

Article 2. Scope of this Law

This Law applies to all communities of indigenous peoples, including those created before its entry into force.

Article 3. Legislation on communities

Legislation on communities of indigenous peoples consists of the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, this Law, as well as other laws and regulatory legal acts of the Koryak Autonomous Okrug.

Article 4. Procedure for creating a community

1. The community is created on a voluntary basis on the initiative of persons belonging to the indigenous peoples of the North who have reached the age of 18 years.

Decisions on the creation of a community, on the approval of its charter, on the formation of management and control bodies are made at constituent assembly communities of indigenous peoples, which all citizens living in the territory (part of the territory) of the relevant municipality have the right to attend.

A community of indigenous peoples is organized without a limitation on the period of activity, unless otherwise established by the community charter.

2. Only persons belonging to indigenous peoples who have reached the age of 18 can act as founders of an indigenous community. The number of founders cannot be less than three.

The founders cannot be:

Foreign citizens and stateless persons;

Legal entities;

Organs state power, local government district, their officials.

3. The constituent documents of the indigenous community are:

Memorandum of association;

Charter

The founding agreement is concluded by the founders of the indigenous community, and the charter is approved by the general meeting (gathering) of community members.

The founding documents of an indigenous community must define:

The name of the community, containing an indication of the main purpose of its activities and organizational and legal form;

Location;

The main goals and types of economic activities of the community;

Composition and competence of management and control bodies;

The procedure for making decisions by community governing bodies;

Other information required by current legislation.

The founding documents are signed by the founders of the indigenous community.

From the moment a decision is made to organize an indigenous community, it is considered created.

4. Obstruction of the creation and activities of the community is not permitted. A person’s refusal to join a community cannot serve as a basis for limiting his right to independently carry out traditional farming and engage in traditional crafts.

5. The community is registered no more than 10 days from the receipt of documents (minutes of the meeting, constituent agreement, charter of the community) by the administration of the relevant district municipality. Documents for registration are sent no later than 30 days after the establishment of the community. After registration, the community acquires the status and rights of a legal entity and has the right to have current and foreign currency accounts in bank institutions.

There is no one-time fee for registering a community.

6. Administrations of district municipalities maintain a register of registered and liquidated communities.

7. Each community maintains a register of community members with the mandatory inclusion of the following data:

a) availability legal basis on property transferred to public ownership, use and disposal;

c) time (terms) of ownership of property (land, water bodies, land-based buildings).

8. Community members must promptly report changes in their place of residence and the location of property transferred to public ownership. Transactions with this property are allowed only on behalf of the community. The community is not responsible for property if such changes are not notified in a timely manner.

9. The territory assigned to the community in the prescribed manner acquires the status of a territory of traditional environmental management.

Article 5. Rights and obligations of the community

1. The community has the right:

a) dispose, own, and use renewable natural resources in their territory of traditional environmental management in accordance with the laws of the Russian Federation and the Koryak Autonomous Okrug;

b) engage in any industry Agriculture, one or more types of traditional farming and crafts on the basis of special permits (licenses) in accordance with current legislation, sell surplus products of traditional farming and products of traditional crafts in accordance with the goals of creating communities, participate in civil legal relations as a legal entity acting in form of economic company;

c) join associations and corporations that allow collective membership;

d) create voluntary formations to protect public order, natural environment, natural biological resources;

e) to state protection from any attack on ethnic identity, on historical, cultural and religious monuments, from other violations of their interests;

f) to provide products, consumer goods, equipment and other goods on an equal basis with state, cooperative enterprises and organizations;

g) production and delivery of goods and other products of the required quality.

2. The community has the following responsibilities:

a) members of the community are obliged to comply with the Charter of the community, comply with the decisions of its general meetings, orders of the community leadership;

b) ensure the socio-economic, cultural and legal interests of all members of the community in accordance with the statutory goals;

c) rational use of natural resources in accordance with their intended purpose, ensure their safety and reproduction, comply with environmental measures, and prevent deterioration environmental situation as a result of traditional management;

d) revival of the traditional way of life, national culture, customs and traditions, traditional economic sectors;

e) compliance safe conditions labor, sanitary and hygienic standards and requirements;

f) strict compliance with contractual, credit, settlement and tax obligations, as well as other obligations established by the community charter and current legislation.

Article 6. Community Charter

1. The community operates on the basis of the charter approved by the general meeting (gathering). The community charter must contain all the main characteristics of the community:

Name of the community, its location;

Type of community, subject and goals of its activities;

Composition of founders, community members;

Sources of formation of community property and the procedure for its use;

The procedure for using property in the event of liquidation of the community;

The structure, 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 liquidating a 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.

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;

Responsibility of community members for violation of obligations regarding personal labor and other participation.

An indigenous community's charter may contain a description of the community's symbols. The community charter may contain other provisions related to the activities of the community that do not contradict current legislation.

2. Changes and additions to the community charter also undergo registration in the manner established by Article 4 of this Law for registration of the community charters themselves.

Article 7. Membership in the indigenous community

1. Members of the community may be representatives of the indigenous peoples of the North of the Koryak Autonomous Okrug, representatives of other ethnic groups, as well as persons not related to the indigenous peoples of the district who carry out traditional farming and are engaged in traditional crafts of indigenous peoples, accepted into the community on the basis of a personal application or by decision of the meeting (gathering).

2. Persons who have reached the age of 16 years, pensioners, those who have lost their ability to work, and non-working disabled people can be part of the community as its equal members, who are subject to the rights, responsibilities, shares and benefits of community members.

3. A community member retains the right to freely leave the community.

In case of leaving the community, a community member and his family members are given a share of the community's property, part of the fixed assets or their value.

When one or more of its members leave the community and are allocated a share of the community’s property in kind, it must be ensured that those who leave have the opportunity to lead a traditional way of life and carry out traditional farming within the territory of communal land use.

4. Upon returning to the community, he is obliged to return to the community the fixed assets issued to him (or their value), agricultural, hunting and fishing grounds with preserved productivity.

5. Government bodies of the Koryak Autonomous Okrug, local government bodies, and their officials cannot be members of the indigenous community.

CHAPTER P.

COMMUNITY SELF-GOVERNMENT

Article 8. General meeting (gathering) of the community and its powers

1. The highest governing body of the indigenous community of the district is the general meeting (gathering) of community members.

The general meeting (gathering) is convened as needed, the frequency of its holding is determined by the community charter.

The general meeting is authorized to begin its work in the presence of at least half of the adult members of the community. The community charter may establish other rules.

The general meeting (gathering) of community members considers everything critical issues community life.

IN necessary cases An extraordinary general meeting (gathering) of the community is convened at the request of one third of the community members.

2. The exclusive competence of the general meeting (gathering) of members of the indigenous community includes:

Adoption (approval) of the community charter, amendments and additions to it;

Election of the community council and its leader;

Acceptance of new members, exclusion from the community;

Determination of the main activities of the community;

Fixing and changing the boundaries of land, fishing areas, and hunting grounds for community members;

Giving consent to the alienation and industrial development of lands (territories) of traditional environmental management of community members;

Conclusion of foreign economic agreements;

Election of the audit commission (auditor);

Making decisions on liquidation and self-dissolution of the community;

Approval of decisions and reports of the head of the community council on the activities of the community for the past financial year.

The charter of a community of indigenous peoples may include other issues of community activity within the powers of the general meeting (gathering) of community members.

1. The community council is a governing body. The community council is elected consisting of the head (chairman) of the community council and other members of the community council at a general meeting (gathering) of community members by a simple majority of votes from all present community members.

The community council organizes the activities of the community during breaks between general meetings (gatherings) of community members and holds its meetings as necessary.

The term of office of the community council and the procedure for its early termination are established by the community charter.

Members of the community who receive more than half of the votes of its members present at the meeting (gathering) are considered elected to the community council.

2. The community council has the right:

Consider applications from citizens who have expressed a desire to join the community and recommend them to join the community;

Raise the question before the general meeting (gathering) about the early termination of the powers of the head (chairman) and other responsible employees of the community;

Resolve disputes between community members on issues of traditional environmental management, as well as on issues of use of lands (territories) of traditional environmental management;

Regulate the use of lands (territories) of traditional environmental management assigned to the community;

Determine the number of workers hired under 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 head (chairman) of the community council;

Control the targeted expenditure of resources and financial resources;

approve the number of staff and the cost estimate for its maintenance;

Approve the production and social development communities.

The decisions of the community council are binding on members of the indigenous community.

1. The head (chairman) of the community council is elected for the period established by the community charter and is executive body communities.

The leader (chairman) of the community is responsible to the community members and the general meeting. Without a power of attorney, he acts on behalf of the community, represents its interests in relations with state, municipal, public, economic and other organizations, concludes contracts, issues powers of attorney, opens current and other accounts in bank institutions, and exercises the right to dispose of community funds.

The head (chairman) of the community hires and fires workers.

2. Head (chairman) of the community:

Organizes the work of the community council;

During the period between meetings of the community council, resolves all organizational, production and other issues, with the exception of those issues that are within the jurisdiction of the general meeting (gathering) of community members or the community council;

In accordance with the community charter, it convenes a community council and a general meeting (gathering) of community members.

The community's charter may grant the leader (chairman) other powers.

Article 11. Audit Commission (auditor)

1. Control over the financial and economic activities of the community is carried out by an audit commission (auditor), elected (elected) by the general meeting (gathering) of the community.

The quantitative composition of the audit commission and its term of office are determined by the general meeting (gathering) of the community.

2. Members of the audit commission (auditor) cannot be members of the community council.

Article 12. Relations between communities of indigenous peoples of the North with state authorities and local governments

1. State authorities and local self-government bodies of the Koryak Autonomous Okrug, in order to protect the ancestral habitat and traditional way of life, rights and legitimate interests of indigenous peoples, can provide assistance to indigenous communities, unions (associations) of communities in the form of;

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 indigenous peoples;

Concluding agreements with indigenous communities, unions (associations) of indigenous communities for the performance of work and the provision of services;

Free advisory assistance on issues of traditional management of indigenous peoples.

In places of compact residence of indigenous peoples, local government bodies may vest them with separate powers of local government bodies.

2. Issues affecting the interests of indigenous communities are resolved by state authorities and local self-government of the district, taking into account the opinions of indigenous communities.

3. Bodies of state power, local self-government, and their officials do not have the right to interfere in the activities of indigenous communities, except in cases provided for by federal and district legislation. Their actions, which violate the independence of indigenous communities, can be appealed in accordance with the procedure established by federal legislation.

CHAPTER III

OWN. FINANCE. TERRITORIES.

Article 13. Community property

1. Lands (territories) of traditional environmental management are provided to communities by decision of the authority executive power Koryak Autonomous Okrug, local government bodies free of charge for permanent (indefinite) use, as well as for rent in the manner established by federal and district legislation.

2. The collective property of the community includes: industrial products, hunting and fishing products; property transferred to the community in accordance with the established procedure by individuals and legal entities, including foreign ones; property transferred by community members as statutory and share contributions; monetary contributions from community members aimed at ensuring the activities of the community; objects of the social, cultural and everyday sphere and housing stock created at the expense of the community, as well as received in the manner prescribed by law from government bodies, local governments of individuals and legal entities; production facilities purchased from individuals and legal entities; financial resources, owned by the community (own and borrowed); funds received from the sale of surplus products of traditional farming and traditional crafts, as well as from services provided by the community; products of labor and income received by the community as a result of traditional farming and traditional crafts; other property acquired by the community in accordance with current legislation.

3. Indigenous communities independently own, use and dispose of their property.

Communities, with the consent of community members, have the right to sell labor products produced by its members to any consumers, regardless of their form of ownership.

4. The community, together with state authorities and local self-government bodies, on its territory or, by agreement, on the territory of any locality, can form trading posts and trading posts, and other structures.

Article 14. Financial and economic basis of the community

1. The financial and economic basis of the community consists of:

a) communal property (property);

b) natural resources located within the boundaries of the territory (lands) of the community;

c) movable and immovable property;

d) part of the funds from the district and local budgets, extrabudgetary funds, aimed at the development and support of the indigenous peoples of the district;

e) credit and other funds;

f) means of targeted financing of plans and programs implemented in the community;

g) voluntary donations from legal entities and individuals.

h) other means provided for by federal and regional legislation.

The community independently forms, approves and executes the community budget.

2. The community, unions (associations) of communities are exempt from taxation, land payments, licenses, duties in accordance with the legislation of the Russian Federation and the Koryak Autonomous Okrug.

Article 15. Territory of the community, lands, lands

1. The community carries out its activities on part of the territory of the municipality or within the boundaries of specially designated lands - territories of traditional natural resource management.

2. Part of the territory of a municipal formation is transferred to the community by local government bodies for ownership and use or lease in amounts that ensure the conduct of traditional economic sectors, on the basis of an agreement concluded between the community and the local government body, registered by the justice institution for state registration of rights to real estate with the issuance certificates of right of use or lease in accordance with the procedure established by law.

A special regime for the provision and use of land may be established for the community in accordance with the laws and other regulatory legal acts of the Koryak Autonomous Okrug.

3. Lands (territories) for reindeer husbandry, hunting, fishing and other types of management are provided to communities for free use. The size of lands (territories) for traditional environmental management is determined by state authorities and local self-government based on the types of community management and the provision of these lands (territories) with a supply of renewable biological resources necessary for such management.

4. The boundaries of the territory are established within the already established boundaries of the lands of traditional occupations and trades, taking into account the main routes of nomads, the numerical composition of the community and other circumstances that ensure the formal life of entities operating on the territory of the community. In case of seizure of land plots and other isolated natural objects located within the boundaries of territories of traditional natural resource management, for state or municipal needs, persons belonging to small peoples and communities of small peoples are provided with equivalent land plots that ensure traditional forms management, as well as compensation for losses caused by such seizure.

5. To consider disputes about the allocation of land plots, disputes about the boundaries of plots at the level of district, town, village, conciliation commissions may be created consisting of a representative body of local government, district departments of agriculture, a committee on land resources and land management, operating on the terms of arbitration courts.

6. Community lands can be declared a protected area, national or natural park with the preservation of traditional economic activities.

7. B national parks, government natural reserves districts located in areas inhabited by the indigenous population, it is allowed to allocate land for traditional environmental management for conducting traditional economic activities and practicing folk crafts, use natural resources in forms that ensure the protection of the original habitat and the preservation of the traditional way of life of indigenous peoples in agreement with the relevant authorities.

8. The community determines places of general year-round and seasonal use for hunting, fishing, collecting wild plants, and preparing feed. The size of these plots, the procedure, terms and conditions for their use are determined by an agreement between local government bodies and the community.

9. Exploration, industrial development of mineral resources, as well as any economic activity of third-party enterprises on the territory of the community, are allowed after the enterprise provides the results of an environmental assessment, obtains the consent of the community, concludes an agreement between the parties on compensation and the procedure for compensation for damage, as well as agreement with local governments , Duma of the Koryak Autonomous Okrug.

10. Local government bodies create reserves of traditional natural resource management lands from reserve lands, free reindeer pastures, hunting and fishing grounds, as well as lands transferred by agricultural enterprises, state industrial enterprises, other land users and landowners.

11. Communities in places of residence and economic activity of indigenous peoples are provided with preemptive right concluding agreements and obtaining licenses for the use of renewable biological resources.

12. On lands assigned to communities, they can be created in agreement with communities on mutually beneficial agreements and conditions peasant farms, firms, other industrial and commercial structures engaged in fishing.

13. The community independently distributes land among community members, sets boundaries, and the procedure for their use.

CHAPTER IY.

ECONOMIC ACTIVITY OF THE COMMUNITY,

SOCIAL INSURANCE AND PROVISION OF COMMUNITY MEMBERS

Article 16. Fundamentals of economic activity of the community and relationships with economic entities

1. Indigenous communities independently determine the types of traditional farming and crafts, based on the need to preserve and rational use lands (territories) of traditional nature management and the objects of flora and fauna present on these lands (territories).

2. Economic entities on the territory of the community can create farms and enterprises in the manner prescribed by law. They can engage in any activity not prohibited by law.

3. The community and, with its consent, entities operating in the territory may, on contractual terms, grant third-party enterprises, partners, and individual citizens the right to fish, hunt, collect wild plants, and use other land resources, but not requiring land acquisition. The contract is concluded for a period of no more than one season in agreement with the local government.

4. Registration of an agreement may be refused if it is concluded in violation of current legislation, or if it infringes on the legitimate interests of members of the community or its economic entities.

5. Farms, enterprises and institutions operating on the territory of the community are obliged to:

Comply with your obligations to the community and use natural resources rationally;

Strictly comply with all environmental measures and sanitary standards;

Respect and observe the customs of community members;

Avoid actions that cause material or moral damage, both on your part and on the part of your partners.

6. Gross violation of environmental measures and one’s obligations to the community may become grounds for closing (liquidating) a farm or enterprise and bringing it to justice in accordance with current legislation.

Article 17. Social insurance and social security of members of the indigenous community

1. Community members working in the community, in its economic production structure, social security is guaranteed by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by federal and district legislation.

2. Working members of the community have the right to receive state pensions and social benefits established by federal and district legislation.

Communities pay into the pension fund and fund social insurance contributions in the prescribed amounts.

Women working in the community are provided with maternity leave and other benefits provided for working women.

3. Communities have the right to create, at their own expense, additional forms social security and charitable foundations.

4. Working members of the community and citizens who have entered into employment contract(contract) with the community, the time spent working in the community is counted towards the total and continuous length of service based on entries in the work book.

5. Members of the indigenous community retain the state pension assigned before the person joined the community.

6. The community bears financial responsibility for damage caused to its members, as well as to citizens who have entered into an employment agreement (contract) with the community.

7. Community members have the right to health care and free medical care in state and municipal healthcare institutions, provided at the expense of the relevant budgets, insurance premiums and other revenues.

CHAPTER.

ELIMINATION OF THE INDIGENOUS COMMUNITY

Article 18. Liquidation of the indigenous community

1. The community of indigenous peoples of the North of the Koryak Autonomous Okrug may be liquidated on the basis and in the manner established by the current legislation.

2. In addition, the community may be liquidated in the following cases:

The withdrawal of more than two thirds of the founders or members of the community from the community;

Cessation of traditional farming and traditional crafts for two years in a row;

Repeated gross violations by the community of the goals defined in the community charter.

Liquidation is carried out voluntarily by decision of community members or by court decision.

CHAPTER YI.

ENTRY INTO FORCE OF THIS LAW

Article 19. Entry into force of this Law

This Law comes into force on the date of its official publication."

Article 2.

1. This Law comes into force on the day of its official publication.

2. Communities registered before the entry into force of this Law must bring their charters into compliance with this Law within six months.

Governor
Koryak Autonomous Okrug
V.T.Bronevich

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 of 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 Far East 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 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 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 their traditional way 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 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 compensating the value is established by law.

Federal Law of July 20, 2000 N 104-FZ
"About general principles organizations of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation"

With changes and additions from:

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 the legal basis of the community form self-government and state guarantees of its implementation.

Moscow Kremlin

The law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small-numbered peoples created in order to protect the ancestral habitat, traditional way of life, rights and legitimate interests of these indigenous small-numbered peoples. The legal foundations of the community form of self-government and state guarantees for its implementation are determined. The 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.

State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation and local governments can provide assistance to communities of small peoples and their unions (associations) in the form of providing tax benefits and benefits, targeted financing, targeted training in professions necessary for communities of small peoples, etc. In places of compact residence of small peoples, local government bodies, at the proposal of communities of small peoples or their unions (associations), may vest them with separate powers of local government bodies.

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. At the same time, state authorities and local self-government bodies do not have the right to interfere in the activities of communities of small peoples or their unions (associations), except in cases provided for by law.

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

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

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

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

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

The concept of a community of indigenous peoples of the Russian Federation is often mentioned in regulatory documentation.

Essentially, these are public non-profit organizations that deal with human rights issues and are official representatives small peoples who live in our country.

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

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

Most of the representatives of these nationalities live within densely populated areas and practice traditional crafts.

Article 69 of the Constitution of the Russian Federation provides that the rights of indigenous peoples with a small number of representatives are respected in full. Many people are devoted to the issues of protecting small nationalities. regulations, which regulate state policy towards citizens.

Indigenous communities are non-profit social structures that exist on charitable contributions, voluntary donations from citizens and government financial support.

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

Indigenous peoples of Russia are classified depending on language group, and the number of representatives.

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

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

Indigenous peoples live in traditional places of its cluster. The state guarantees them a certain degree of autonomy and the ability to maintain their own customs of life. In addition, small nationalities are engaged in traditional activities (fishing, livestock raising, agriculture).

In accordance with current legislative standards, indigenous peoples include all nationalities whose number of representatives does not exceed 40 thousand people. It is worth noting that indigenous peoples are distributed unevenly throughout Siberia and the Far East.

Territory and ancestral habitat, places of traditional residence and economic activity of small peoples

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

In particular, the list traditional types activities for small nations include:

• Nomadic livestock farming (breeding deer, yaks and horses) and processing of livestock products;
• Hunting for fur-bearing animals and manufacturing of fur products;
• Plant growing, in particular agriculture, growing crops, medicinal plants and berries;
• Gathering (harvesting, processing and selling products of forest origin);
• Folk crafts and arts (embroidery, weaving from herbs and leather, processing of fur, bones and other materials).

As statistics show, a significant majority of the indigenous population of Siberia and the Far East traditionally settle in the places where their ancestors previously lived. Therefore, on the map of the country you can find entire settlements, in which the absolute majority of the population belongs to indigenous peoples.

Establishment of a community of indigenous peoples of the Russian Federation

In accordance with current legislation, a community that unites small nations and aims to protect their authenticity must be social structure non-commercial purposes.

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

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

In addition, foreign commercial and non-profit organizations, but at the same time they can finance the community through voluntary contributions and donations.

The community being created must be registered with state authorities.

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

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

Property of the community of indigenous peoples of the Russian Federation

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

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

By law, all property belongs to the community itself.

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

It is worth noting that despite the fact that the community of indigenous peoples is not a commercial structure, it can contribute to the sale of goods produced by indigenous peoples.

The profit received will be distributed among community members, or transferred to the authorized capital of the organization with a corresponding division into shares.

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How long will it take to register TSKMNS?

How long will it take to register TSKMNS and is it possible to become a chairman at 17 years old, if you can join at 16?

Danila 05/21/2019 15:20

Hello! According to Art. 26 Civil Code of the Russian Federation nMinors aged fourteen to eighteen years have the right, independently, without the consent of parents, adoptive parents and guardians:manage your earnings, scholarships and other income;exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law;in accordance with the law, make deposits in credit organizations and manage them;carry out small household transactions and other transactions provided for in paragraph 2 of Article 28 of this Code. That is, a minor cannot become a chairman; for this he must be announced fully capable.

Pchelintseva Marina Vladimirovna 19.06.2019 16:20

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Yes that's right.

Kolpakova Galina Yurievna 20.06.2019 12:30

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

how to write an application to open a non-profit organization of small peoples

Anatoly 12/24/2018 12:39

Good afternoon
In accordance with Art. 6.1 Federal Law No. 7-FZ of January 12, 1996, communities of indigenous small-numbered peoples of the Russian Federation (hereinafter referred to as the community of small-numbered peoples) recognize forms of self-organization of persons belonging to the indigenous small-numbered peoples of the Russian Federation and united by consanguinity (family, clan) and (or) territorial neighborly principles, in order to protect their original habitat, preserve and develop traditional lifestyles, economic activities, crafts and culture.
According to Art. 8 Federal Law No. 104-FZ of July 20, 2000, 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).
Sample documents for registration of non-profit organizations can be found at this link: https://minjust.ru/ru/obrazcy-zapolneniya-dokumentov

26.12.2018 10:22

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If necessary, the Legal Group of the Free Legal Consultation Service will draw up all documents, complaints and statements for you. Our address: Moscow, Staropimenovsky lane, building 18..html Our contacts: website/kontakty.html

Fedorova Lyubov Petrovna 27.12.2018 08:23

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non-profit organizations, Communities of the Russian Federation

The purpose of the activities of indigenous communities of the Russian Federation, enshrined in law? Responsibility of Communities of kmn of the Russian Federation, enshrined in law?

Tamerlan 11/12/2018 21:17

Hello! These issues are regulated by the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - “Free legal consultation service”.

Alexandrov Alexander Mikhailovich 13.11.2018 11:11

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Yes that's right.

Saibotalov Vadim Vladimirovich 14.11.2018 15:00

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flaws

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

Anastasia 10/13/2018 16:08

Good afternoon According to Article 6 of the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation", the organization and activities of communities of indigenous peoples for other purposes is prohibited, except for the purposes indicated by this Federal Law, the laws of the constituent entities of the Russian Federation, the constituent documents of the relevant communities of small peoples. The advantages include Art. 8 of the Federal Law, state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-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. Also, according to Article 13 of the Federal Law, 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. We invite you to our office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - “Free legal consultation service”.

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Yurenev Vitaly Anatolievich 13.10.2018 21:43

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Yes that's right.

Valuev Igor Vladimirovich 14.10.2018 14:22

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Application to join the community of small indigenous peoples

How to correctly write an application to join a territorial-neighboring community of indigenous peoples of the Far East?

Ksenia 08/13/2018 17:32

Hello! An application to join the community of indigenous peoples is written in free form. You can write something like this: Please accept territorial-neighboring community of indigenous peoples of the Far East, full name, in accordance with clause 1 of Art. 8 Federal Law of July 20, 2000 N 104-FZ (as amended on June 27, 2018) “On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation.” Number, signature.

Fedorova Lyubov Petrovna 14.09.2018 21:50

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Galina 20.11.2018 05:24

The law states that the community is subject to mandatory registration. Is it possible to contact the local government authorities of the local settlement?

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Dubrovina Svetlana Borisovna 20.11.2018 07:57

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

Dubrovina Svetlana Borisovna 15.09.2018 08:30

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