Administrative and legal status of public associations. Administrative and legal status of public associations (organizations) The structure of the administrative legal status of public associations

The Constitution of the Russian Federation establishes the right of citizens to public associations. The Federal Law "On Public Associations" provides for basic state guarantees, the status of public associations, the procedure for their creation, activity, reorganization and liquidation. Also, the activities of public associations are regulated by other laws and legal acts.

The Federal Law "On Public Associations" applies to all public associations that are created on the initiative of citizens. The exception is religious organizations, non-profit organizations and associations, as well as branches and representative offices of foreign non-profit non-governmental associations established on the territory of the Russian Federation.

Remark 1

A public association is a non-profit, self-governing formation that is created on the initiative of citizens who have united on the basis of common interests to achieve their goals. These goals are indicated in the charter of the public association, contributing to the realization of the rights and legitimate interests of citizens. Volunteering is the main condition for the creation and operation of a public association.

Public associations, being subjects of administrative law, have the following characteristics:

sign of voluntariness of the association;
the charter or regulation governing the legal status of the organization;
organizational property isolation;
the presence of self-government bodies;
material participation of members of the organization in the creation of a material base;
stable line-up with the possibility of renewal.

Citizens have the right to associate in political parties, trade unions, charitable and other organizations. The activities of such associations are regulated not only by the aforementioned Law, but also by special federal legislation.

As mentioned above, the voluntariness of the formation is the most important sign of a public association. At the same time, citizens have the right to create public associations of their choice without prior permission from the executive authorities and local self-government bodies.

Public associations that are created by citizens can either register in the prescribed manner with the acquisition of the rights of a legal entity, or operate without state registration, without acquiring the rights of a legal entity.

The members of a public association may include individuals and legal entities - public associations that are interested in jointly solving the problems of this association.

To take into account the number of members of a public association and ensure their equality, individual applications of each member of the association are drawn up.

Forms and types of public associations

Public associations are created in one of the following organizational and legal forms (Fig. 1):

public organization;
social movement;
public fund;
public institution;
body of public initiative;
Political Party.

Remark 2

It should be said that only a public organization and a political one are based on membership, all other organizational and legal forms of public associations do not have membership.

A public organization is a membership-based public association. A public organization is created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens. Unless otherwise provided by law, members of a public organization are individuals and legal entities.

A public movement is a mass public association that has no membership, consists of its members and pursues social, political and other socially useful goals.

A public foundation is a type of non-profit association that does not have a membership. Its purpose is to form property on the basis of voluntary contributions and other receipts that are not prohibited by law, and to use this property for the achievement of socially useful purposes.

A public institution is a public organization that has no membership. The goal of a public institution is to provide a specific type of service that would meet the interests of the participants and the corresponding goals of this association.

A public initiative body is a public association that does not have membership and is created with the aim of jointly solving various social problems that citizens face at their place of residence, work or study. Also, the work of a public initiative body is aimed at meeting the needs of an unlimited number of persons whose interests are related to the achievement of statutory goals and the implementation of programs of the public initiative body at the place of its creation.

A political party is a public association that is created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in elections and referendums, as well as to represent the interests of citizens in state and local government bodies.

Figure 1. Organizational and legal forms of public associations. Author24 - online exchange of student papers

The main types of public associations are:

public associations in the areas of commercial activity;
unions;
creative, scientific, cultural public associations;
physical culture and sports public associations;
associations of social protection;
international organizations.

Taking into account the territories in which public associations operate, all-Russian, interregional, regional and local public associations are created and operate in the Russian Federation.

The activities of the all-Russian public association are carried out on the territories of more than half of the constituent entities of the Russian Federation, locating their structural divisions there - representative offices, departments and branches.

An interregional public association operates on the territory of less than half of the constituent entities of the Russian Federation, having its own structural subdivisions there. The activity of a regional structural unit takes place within the territory of one specific constituent entity of the Federation. A local public association operates within the territory of a local self-government body.

Administrative and legal status of public associations

The administrative legal personality of public associations consists of a set of rights and obligations belonging to them, exercised in relations with citizens, executive authorities and local self-government bodies, as well as state and non-state institutions, enterprises and organizations.

The administrative legal personality of public associations determines the types of administrative legal relations, the subjects of which they are.

Various public associations have certain differences in their administrative and legal status, but nevertheless, their statuses have many common features. This is due to the fact that all public associations:

formed by individuals and legal entities in accordance with the principle of voluntariness;
do not have state and power powers;
are not subjects of lawmaking;
act on their own behalf;
are not commercial organizations, i.e. the purpose of their activities is not to make a profit.

Remark 3

An important point that determines the status of public associations is the fact that the state does not manage their activities. State authorities and their officials have no right to interfere in the activities of public associations, and the associations themselves should not interfere in the activities of state bodies. The exceptions are cases provided for by law.

At the same time, the state has established requirements for the content of the charters of public associations. At the request of associations, the state can register them, endowing them with the rights of a legal entity, ensuring the observance of their rights and interests, supporting their activities and providing tax and other types of benefits.

The duties of public associations include compliance with the legislation of the Russian Federation, the norms and principles of international law, the annual publication of a report on the use of their property, informing the authority that registered the association about the continuation of its activities, admitting representatives of this body to the events held by the association, and rendering assistance to them in getting acquainted with activities of this association, etc.

Public associations have the right to:

free dissemination of information about their activities;
participation in the development of decisions of state authorities and local self-government;
holding meetings, rallies, demonstrations, processions and picketing;
publishing and media establishment;
representation and protection of their rights and legitimate interests in state and local government bodies;
exercise of powers in accordance with the legislation on public associations;
making proposals to public authorities on various issues;
participation in election campaigns.

Public associations are allowed to engage in entrepreneurial activity if it contributes to the achievement of their goals and complies with the charter of the association.

Public associations are created to implement and protect civil, political, economic, social and cultural rights and freedoms; enhancing the initiative of citizens, their participation in the management of state and public affairs; satisfaction of professional and amateur interests; development of scientific, technical and artistic creativity; health protection, participation in charitable activities; carrying out cultural, recreational and sports work; protection of nature, monuments of history and culture; patriotic and humanistic education; expanding international relations; carrying out other activities not prohibited by law.

However, when creating public associations, certain prohibitions and restrictions are envisaged. Art. 13 of the Constitution of the Russian Federation and Art. 16 of the Federal Law "On Public Associations" stipulate the provision that it is prohibited to create and operate public associations with the goal or method of action to overthrow, violently change the foundations of the constitutional order and violate the integrity of the Russian Federation, undermine state security, create armed formations, incite social, racial , ethnic or religious hatred, commission of other criminally punishable acts. The creation and operation of public associations that infringe on the health and morality of the population, the rights and interests of citizens protected by law are prosecuted by law.

Note that restrictions on the creation of certain types of public associations can only be established by federal law.

Public associations are created and operate on the basis of the principles of voluntariness, equality, self-government, legality and transparency. Public associations are free to define their internal structure, goals, forms and methods of activity.

All public associations have their characteristic features:

a) are formed by individuals and legal entities on a voluntary basis;
b) by their nature, they do not have state powers and are not recognized as subjects of lawmaking. The source of their powers of a legal nature can only be normative legal acts;
c) act on their own behalf;
d) are not commercial organizations pursuing profit-making as the goal of their activities.

Public associations can be divided (classified) according to different criteria.

Depending on the organizational and legal forms, a public organization, a public movement, a public fund, a public institution, an organ of public initiative, unions of public associations, political public associations (political parties) differ.

A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens. Individuals and legal entities - public associations may be members of a public organization, unless otherwise provided by the Federal Law "On Public Associations" and laws on certain types of public associations.

The highest governing body of a public organization is a congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference), general meeting. In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization.

A public movement is a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement.

The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public movement, its permanent governing body exercises the rights of a legal entity on behalf of the public movement and performs its duties.

A public fund is one of the types of non-profit foundations and is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and the use of this property for socially useful purposes.

The governing body of a public fund is formed by its founders or participants, or by a decision of the founders of the fund, adopted in the form of recommendations or personal appointments, or by election by the participants of the congress (conference) or general meeting. In the case of state registration, the fund carries out its activities in the manner prescribed by the Civil Code (Civil Code) of the Russian Federation.

In addition to the Federal Law "On Public Associations" we are considering, the issues of the formation and functioning of public funds are regulated by other laws and by-laws. Examples are Federal Law No. 75-FZ of May 7, 1998 "On Non-State Pension Funds" and Resolution of the Government of the Russian Federation of December 23, 1999 No.

No. 1432 "On approval of the Rules for the placement of pension reserves of non-state pension funds and control over their placement."

A public institution is a non-membership public association that aims to provide a specific type of service that meets the interests of its participants and meets the statutory goals of the institution.

The management of a public institution and its property is carried out by persons appointed by the founder. An institution may create a collegial body elected by participants who are not the founders of the institution and consumers of its services. This body may have an advisory vote at the founder, but cannot dispose of the property of a public institution, unless otherwise established by the founder. In the case of state registration of an institution, it carries out its activities in the manner prescribed by the Civil Code of the Russian Federation.

The body of public initiative is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of persons whose interests are related to the achievement of statutory goals and the implementation of programs of the public body. amateur performances at the place of its creation. The body of public initiative is formed on the initiative of citizens and builds its work on the basis of self-government in accordance with the charter adopted at the meeting of founders.

The organ of public initiative does not have higher-standing bodies and organizations above it. In the case of state registration, it acquires the rights of a legal entity.

Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent documents (agreements, statutes, public associations).

Political parties as a type of public associations received their legislative confirmation in the Federal Law of July 11, 2001 No. 95-FZ "On Political Parties".

A political party is a public association created for the purpose of participation of citizens of the Russian Federation in the political life of society through the formation and expression of their political will, participation in public and political actions, in elections and referendums, as well as in order to represent the interests of citizens in government bodies and bodies local government. The goals and objectives of a political party are set out in its charter and program.

Depending on the territorial sphere of activity, public associations can be all-Russian, interregional, regional and local.

An all-Russian public association is an association that carries out its activities in accordance with the statutory goals on the territory of more than half of the constituent entities of the Federation and has its own structural divisions - organizations, departments, branches, representative offices.

An interregional public association is an association that carries out its activities in accordance with the statutory goals in the territories of less than half of the constituent entities of the Federation and has its own structural divisions there - organizations, departments, branches, representative offices.

A regional public association is an association whose activities, in accordance with its statutory goals, are carried out within the territory of one constituent entity of the Russian Federation.

A local public association is an association whose activities, in accordance with its statutory goals, are carried out within the territory of the local self-government body.

Public associations can be divided according to their field of activity, form of direct subordination and goals of education.

According to the field of activity, public associations are subdivided into associations that operate independently of the industry or area of government (for example, political parties), and associations that operate in certain sectors and areas of government (for example, scientific, cultural and educational, etc.).

According to the form of direct subordination, public associations are divided into associations led by the corresponding higher associations and their bodies (for example, trade unions), and associations that operate autonomously (for example, public legal advice).

According to the goals of education, public associations are divided into political parties, creative unions, religious associations, sports and sports societies, consumer protection societies, etc.

Fundamentals of the administrative and legal status of public associations

Members and participants of youth public associations can be citizens who have reached the age of 14, and children's associations - 10 years.

Bodies of state power and bodies of local self-government cannot be founders, members and participants of public associations.

When creating public associations, the rights and obligations of their founders are specified in the charters of the associations. The charter should provide for:

name, goals of the public association, its organizational and legal form;
the structure of the association, the governing and control and auditing bodies of the public association, the territory within which this association carries out its activities;
conditions and procedure for the acquisition and loss of membership in a public association, the rights and obligations of members of this association (only for an association providing for membership);
the competence and procedure for the formation of the governing bodies of the association, the terms of their powers, the location of the permanent governing body;
rules for making changes and additions to the charter of a public association;
sources of formation of funds and other property of the association, the rights of association and its structural divisions for property management;
the procedure for reorganization and (or) liquidation of a public association.

The charter of a public association may contain a description of the symbols of this association.

A public association has the right not to register with the bodies of the Federal Registration Service. But in this case, it does not acquire the rights of a legal entity. As for political parties, their state registration is mandatory.

State registration of all-Russian and international public associations is carried out by the Federal Registration Service; of an interregional association - by the bodies of the Federal Registration Service at the location of the permanent governing body of the association; regional and local public associations - territorial bodies of the Federal Registration Service.

For state registration of a public association, the following are submitted:

an application to the registering body, signed by members of the permanently operating governing body of this public association, indicating the place of residence of each;
the charter of a public association in two copies;
an extract from the minutes of the constituent congress or general meeting containing information on the establishment of the association, on the approval of its charter and on the formation of governing and control and auditing bodies;
information about the founders;
documents confirming the payment of the registration fee and the provision of a legal address to a public association;
minutes of constituent congresses (conferences) or general meetings of structural divisions for international, all-Russian and interregional public associations;
when a public association uses the personal name of a citizen or symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyrights, documents confirming the right to use them.

Documents are submitted for state registration within three months from the date of the founding congress (conference) or general meeting.

The body that registers a public association must, within a month, consider the application for registration and make a decision: register the association and issue a certificate of registration to the founders, or refuse state registration of the association and issue the founders a written document justifying the refusal, which can be appealed in court.

The body of the Federal Registration Service enters into the Unified State Register of Legal Entities and issues a certificate of state registration to the public association. As for a political party, samples of forms of certificates of state registration of a political party, its regional or structural division were approved by order of the Ministry of Justice of Russia dated August 29, 2001 No. 256 "On approval of sample forms of certificates of state registration of a political party, its regional branch, structural unit ".

Essential elements of the administrative and legal status of public associations are their rights and obligations.

For the implementation of the statutory goals, the association has the right:

freely distribute information about their activities;
take part in the development of decisions of state authorities and local self-government bodies in the manner and volume provided for by law;
hold meetings, rallies, demonstrations, processions and pickets;
establish mass media and carry out publishing activities;
represent and defend their rights, legitimate interests of members and participants, as well as other citizens in government bodies, local governments and public associations;
exercise in full the powers stipulated by the laws on public associations;
come up with initiatives on various issues of public life, make proposals to government bodies;
participate in election campaigns in accordance with federal laws and laws of the constituent entities of the Russian Federation.

The laws on public associations may provide additional rights for specific types of public associations.

In its activities, a public association is obliged:

comply with the legislation, generally recognized principles and norms of international law concerning the scope of its activities, as well as the norms provided for by its charter and other constituent documents;
annually publish a report on the use of its property or ensure the availability of familiarization with the said report, inform the body registering associations about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the leaders of the association in the amount of information included in the unified state register of legal entities;
at the request of the body registering associations, submit decisions of the governing bodies and officials of the association, as well as annual and quarterly reports on their activities in the amount of information provided to the tax authorities;
admit representatives of the body registering associations to events held by the public association, as well as provide assistance to representatives of the body registering public associations in getting acquainted with the activities of the association.

Public associations can carry out entrepreneurial activities, since this serves to achieve the statutory goals for which they were created.

A public association may be reorganized by decision of a congress (conference) or general meeting. The state registration of the newly formed association after the reorganization is carried out in the order indicated above. The property of an association that is a legal entity is transferred after its reorganization to the newly emerged legal entities in the manner prescribed by the Civil Code of the Russian Federation.

The liquidation of a public association is carried out either by decision of a congress (conference) or general meeting in accordance with the charter of this association, or in court. The decision to liquidate an association that is a legal entity is sent to the body that registered the association in order to exclude the said association from the unified state register of legal entities.

In addition, the law provides for the liquidation of a public association and a ban on its activities in cases of violation of the legislation of the Russian Federation.

The grounds for liquidating a public association or prohibiting its activities are:

violation by a public association of human and civil rights and freedoms;
repeated or gross violations by a public association of the Constitution of the Russian Federation, federal constitutional laws, federal laws or other normative legal acts, or systematic implementation by a public association of activities that contradict its statutory goals.

An application to the court for the liquidation of interregional, regional and local public associations is submitted by the prosecutor of the corresponding constituent entity of the Federation in the manner prescribed by the Law of the Russian Federation "On the Prosecutor's Office of the Russian Federation".

Liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of its state registration.

The procedure and grounds for the liquidation of a public association that is a legal entity, by a court decision, shall also apply to the prohibition of the activities of a public association that is not a legal entity.

A public association may be liquidated, and the activities of a public association that is not a legal entity may also be prohibited in the manner and on the grounds provided for by Federal Law No. 114-FZ of July 25, 2002 “On Countering Extremist Activity”.

The supervision of the observance of laws by public associations is carried out by the Prosecutor's Office of the Russian Federation.

The body that registers public associations monitors the compliance of their activities with the statutory objectives. He has the right:

to request from the governing bodies of public associations their administrative documents;
send their representatives to participate in events held by public associations;
in case of revealed violations, issue a written warning.

Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the legislation of the Russian Federation on taxes.

Control (supervision) over the implementation of existing norms and standards by public associations can be carried out by environmental, fire, epidemiological and other state bodies.

In case of violation of the law by public associations, persons who are members of the governing bodies of these associations bear responsibility for the violations committed. When associations commit acts punishable under criminal law, persons who are members of the governing bodies of these associations, upon proving their guilt for organizing these acts, may, by a court decision, be held liable as leaders of criminal associations. Other members and participants of such associations are responsible for those criminal acts in the preparation or commission of which they participated.

The activities of the association may be suspended by the court.

Public associations, in accordance with their charters, can empower the leaders of associations to act on behalf of the association and perform legally significant actions. In these cases, the leaders (representatives, employees) of the association act as subjects of law, including administrative law.

Russian public associations, in accordance with their charters, can join international public associations, acquire rights and bear obligations corresponding to the status of these international public associations, maintain direct international contacts and relations, and conclude agreements with foreign non-profit non-governmental associations.

In addition, Russian public associations can create their own organizations, branches or branches and representative offices in foreign countries on the basis of generally recognized principles and norms of international law, international treaties of the Russian Federation and the legislation of these states.

Let's consider in more detail some types of public associations.

The status of trade unions is determined by the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity."

A trade union is a voluntary public association of citizens bound by common industrial, professional interests by the nature of their activities, created in order to represent and protect their social and labor rights and interests.

Trade unions are independent in their activities from the executive authorities, local self-government bodies, employers, political parties, they are not accountable and not controlled by them. They protect the right of their members to work, negotiate and conclude collective agreements with the administration, and monitor their implementation. Trade unions also monitor compliance with labor legislation and its protection, have the right to organize and conduct, in accordance with federal law, strikes, meetings, street marches and demonstrations, picketing and other collective actions, using them as a means of protecting social and labor rights and interests of workers.

Trade unions have significant legal opportunities to actively influence lawmaking on the protection of social rights and interests of workers. The proposals of trade unions and associations should be taken into account by federal government bodies when considering draft legislative acts affecting the social and legal rights of workers; executive authorities and local self-government bodies adopt draft normative acts on such issues, taking into account the views of the respective trade unions.

Trade unions play an important role in protecting workers' labor rights. In established cases, termination of an employment contract with an employee - a member of a trade union - on the initiative of the employer can only be made with the prior consent of the relevant trade union body.

Trade unions have certain rights that enable them to influence the formation of power structures. Thus, they have the right to participate in the elections of state authorities and local self-government bodies; on an equal footing with other partners to participate in the management of state funds for social insurance, employment, health insurance, pension and other funds; to interact with state bodies and local self-government bodies for the development of sanatorium and resort treatment, recreation, tourism, physical culture and sports establishments.

The employer may transfer for free use to trade unions the buildings, structures, premises and other facilities that are on the balance of the organization or leased by it, as well as recreation centers, sports and health centers necessary for organizing recreation, conducting cultural, educational, physical culture and health-improving work with employees and members of their families. In this case, maintenance, repairs, heating, lighting, cleaning, security, as well as the equipment of these facilities are carried out by the organization, unless otherwise provided by a collective agreement or agreement.

In addition to the rights provided for by the Federal Law on Trade Unions, their rights and guarantees of activities in the field of social insurance and health protection, social security, improvement of the living conditions of workers are established by other federal laws, as well as by the laws of the constituent entities.

With the revival of the Cossacks in our country, a number of regulations have been adopted that contribute to the development of Cossack societies. So, by decrees of the President of the Russian Federation, the following were approved: Temporary Regulation on the State Register of Cossack Societies in the Russian Federation, Regulation on Involving Members of Cossack Societies in State and Other Service, Charters: Siberian, Transbaikal, Terek, Yenisei Military Cossack Societies.

The regulation on the involvement of members of Cossack societies in public and other service defines the types of service to which they are involved, and the procedure for involvement in public service. So, members of Cossack societies:

carry out military service in the manner prescribed by federal legislation;
involved in the protection of the State Border of the Russian Federation as part of public formations;
involved in the production and supply of agricultural products, raw materials and food for the needs of the Armed Forces of the Russian Federation and other troops.

In addition, they can be involved:

to the maintenance of public order;
protection of state and municipal property, as well as cargo escort;
participation in activities related to the elimination of the consequences of natural disasters and assistance to victims;
participation in customs protection as part of the customs authorities of the Russian Federation;
participation in the gamekeeper, nature conservation and ecological service, as well as control over the use and protection of land;
protecting forests from fires and protecting them from pests and diseases;
protection of objects to ensure the life of the population.

The involvement of members of Cossack societies is carried out by interested federal executive bodies and executive bodies of the constituent entities of the Federation, as well as local self-government bodies.

Federal Law No. 154-FZ of December 5, 2005 "On the State Service of the Russian Cossacks" further strengthened the administrative and legal status of the Cossacks and established that the Russian Cossacks have the right to undergo all types of public service: civil, military and law enforcement. Cossacks can also be involved in the performance of municipal service, provided that the Cossack society, whose members have duly assumed obligations to perform municipal service, is included in the state register of Cossack societies of the Russian Federation.

Religious associations occupy a special place among public associations. In accordance with the Federal Law of September 26, 1997 No. 125-FZ "On freedom of conscience and on religious associations," a religious association in the Russian Federation is a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing in the joint confession and dissemination of faith and possessing characteristics corresponding to this purpose:

religion;
performing divine services, other religious rites and ceremonies;
teaching religion and religious education of their followers.

Religious associations can be created in the form of religious groups and religious organizations.

A religious group carries out its activities without state registration and acquiring the legal capacity of a legal entity.

A religious organization must be registered as a legal entity.

Religious organizations, depending on the territorial scope of their activities, are subdivided into local and centralized.

A local religious organization is a religious organization consisting of at least 10 members who have reached the age of 18 and permanently reside in the same locality or in one urban or rural settlement.

A centralized religious organization is a religious organization consisting, in accordance with its charter, of at least three local religious organizations.

The founders of a local religious organization can be at least 10 citizens of the Russian Federation, united in a religious group, which has a confirmation of its existence in this territory for at least 15 years, issued by a local government, or confirmation of entry into the structure of a centralized religious organization of the same religion issued by the specified organization.

A religious organization acts on the basis of the charter, which is approved by its founders or a centralized religious organization and must meet the requirements of the civil legislation of the Russian Federation.

State registration of religious organizations is carried out by the Federal Registration Service and its territorial bodies.

A religious organization may be denied state registration in cases where:

the goals and activities of a religious organization contradict the Constitution of the Russian Federation and the legislation of the Russian Federation (with reference to specific articles of laws);
the organization being created is not recognized as religious;
the charter and other submitted documents do not comply with the requirements of the legislation of the Russian Federation or the information contained in them is unreliable;
an organization with the same name was previously registered in the unified state register of legal entities;
the founder is incompetent.

What are the prohibitions regarding religious associations? First, the Federal Law prohibits the creation of such associations in government bodies, other government bodies, government agencies and local government bodies, and military units. Secondly, the creation and operation of religious associations, the goals and actions of which are contrary to the law, are prohibited. Therefore, in the event of repeated or gross violations of the norms of the Constitution of the Russian Federation, the Federal Law on Religious Associations and other federal laws, or in the case of the systematic implementation by a religious organization of activities that contradict the goals of its creation, such an organization may be banned and liquidated by a court decision.

The supervision over the implementation of the legislation of the Russian Federation on freedom of conscience, freedom of religion and on religious associations is carried out by the bodies of the prosecutor's office of the Russian Federation. And the body that registered the religious organization exercises control over its compliance with the charter regarding the goals and order of its activities.

Federal law (Art. 13) gives a foreign religious organization the right to open its representative office on the territory of the Russian Federation. The regulation on the procedure for registration, opening and closing of representative offices of foreign religious organizations in the Russian Federation was approved by the RF Government Resolution No. 130 of February 2, 1998.

It should be noted that the President of the Russian Federation pays a lot of attention to the issues of interaction of federal government bodies with various public associations. This is facilitated, in particular, by the Decree of the President of the Russian Federation of November 6, 2004 No. 1417 "On the Council under the President of the Russian Federation for promoting the development of civil society institutions and human rights", Federal Law of April 4, 2005 No. 32-FZ "On Public Chamber of the Russian Federation ", as well as the Decree of the President of the Russian Federation of September 28, 2005 No. 1138" On the approval of the members of the Public Chamber of the Russian Federation ".

The concept and types of public associations, their administrative and legal status.

A public association is understood as a voluntary, self-governing, non-profit formation, created on the initiative of citizens who have united on the basis of a community of interests for the implementation of common goals specified in the charter of the public association. The right of citizens to create public associations is realized both directly - by uniting individuals, and through legal entities - public associations. All public associations are characterized by the following features:

formed by individuals and legal entities on a voluntary basis;

do not have state power and are not recognized as subjects of lawmaking. The source of their powers of a legal nature can only be normative legal acts;

t act on their own behalf;

are not commercial organizations pursuing profit-making as the goal of their activities.

2. Depending on the organizational and legal norms, there are:

public organization - a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens;

public movement - a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement;

public fund - one of the types of non-profit foundations, which is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and the use of this property for socially useful purposes;

public institution - a non-membership public association that aims to provide a specific type of service that meets the interests of the participants and corresponds to the statutory goals of the said association;

body of public initiative - a non-membership public association, the purpose of which is to jointly solve various social problems arising from citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of persons whose interests are related to the achievement of statutory goals and the implementation of programs of the public body amateur performances at the place of its creation;

unions (associations). Public associations, regardless of their organizational and legal form, have the right to create unions (associations) of public associations on the basis of constituent agreements and (or) charters adopted by unions (associations), forming new public associations.

Depending on the territorial sphere, public associations can be divided into:

for all-Russian - associations that carry out their activities in accordance with the statutory goals in the territories of more than half of the constituent entities of the Russian Federation and have their own structural divisions there - organizations, departments or branches and representative offices;

interregional - associations that carry out their activities in accordance with the statutory goals in the territories of less than half of the constituent entities of the Russian Federation and have their own structural divisions there - organizations, departments or branches and representative offices;

regional - associations, the activities of which, in accordance with their statutory goals, are carried out within the territory of one constituent entity of the Russian Federation;

local - associations, whose activities in accordance with their statutory goals are carried out within the territory of the local government.

3. The administrative legal personality of public associations includes a complex of rights and obligations belonging to them, exercised in relations with the subjects of executive power and citizens. The state, securing the administrative legal personality of public associations, determines the types of administrative legal relations in which they can act as subjects.

Federal Law No. 82-FZ of May 19, 1995 "On Public Associations" established that a public association for the implementation of its statutory goals has the right to:

freely distribute information about their activities;

participate in the development of decisions of state authorities and local self-government bodies in the manner and volume provided for by law;

hold meetings, rallies, demonstrations, processions and pickets;

establish mass media and carry out publishing activities;

represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations;

exercise in full the powers stipulated by the laws on public associations;

come up with initiatives on various issues of public life, make proposals to government bodies;

participate in election campaigns (in the case of state registration of a public association and if there is a provision in the charter of this public association on its participation in elections).

A public association is obliged:

comply with the legislation of the Russian Federation, the generally recognized principles and norms of international law relating to the scope of its activities, as well as the norms provided for by its charter and other constituent documents;

annually publish a report on the use of its property to ensure the availability of familiarization with the specified report;

annually inform the body that registers public associations about the continuation of its activities, indicating the actual location of the permanent governing body, its name and data on the heads of the public association in the amount of information included in the Unified State Register of Legal Entities;

at the request of the body registering public associations, submit decisions of the governing bodies and officials of the public association, as well as annual and quarterly reports on their activities in the amount of information submitted to the tax authorities;

admit representatives of the body that registers public associations to events held by the public association;

assist representatives of the body registering public associations in getting acquainted with the activities of the public association in connection with the achievement of statutory goals and compliance with the legislation of the Russian Federation.

The supervision of the observance of laws by public associations is carried out by the Prosecutor's Office of the Russian Federation. The body that registers public associations exercises control over the compliance of their activities with the statutory goals. Financial authorities exercise control over the sources of income of public associations, the amount of funds they receive and the payment of taxes in accordance with the legislation of the Russian Federation on taxes. Supervision and control over the implementation of existing norms and standards by public associations can be carried out by environmental, fire, epidemiological and other bodies of state supervision and control.

The activities of public associations may be suspended in case of violation of the Constitution of the Russian Federation, constitutions (charters) of the constituent entities of the Russian Federation, legislation of the Russian Federation by a court decision in the manner prescribed by the Federal Law "On Public Associations" and other federal laws.

A public association may be liquidated by a court decision in cases established by law. Liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of its state registration.

Introduction

I. Public associations as subjects of administrative law

1.The concept of a public association

2. Public associations and executive power

3.Rights and obligations of public associations

II.Administrative and legal status of non-profit organizations

1.The concept of a non-profit organization

2.Administrative and legal relations in the sphere of activity of trade unions

3. Administrative and legal status of charitable organizations.

III.Administrative and legal status of religious public associations

1. Legislative regulation of the activities of religious public associations. Relationship between justice bodies and religious public associations

2.Administrative and legal relations in the field of activities of religious associations

Conclusion

Bibliography

Introduction

Expanding democratic processes in society, increasing the social activity of citizens contribute to the realization of their rights and legitimate interests through the creation of various kinds of public associations. That is why the number of public associations in the Russian Federation is multiplying from year to year.

“For five years, only the Ministry of Justice of the Russian Federation has registered 2,846 public associations (including 85 political parties and 105 public movements). In general, throughout the country, the justice authorities have registered more than 35 thousand such formations, including almost 1.5 thousand political parties. "

The basis of the legal status of public associations is the constitutional norm on the right of citizens to unite and the guaranteed freedom of activity of public associations.

The existing system of public associations practically covers all aspects of the life of society. Conventionally, they can be classified according to the field of activity (political, economic, social, cultural, sports, etc.) and territories (all-Russian, interregional, regional, local, international), etc. According to the organizational and legal forms of association, they can be classified as: organizations, movements , foundations, public institutions and public initiative bodies, which can, in turn, be subdivided into centralized and non-centralized. According to the number of participants, they are divided into mass and elite, and by nature, they are fixed and non-fixed membership. It should be taken into account that in addition to the mentioned public associations, there are many that have not applied for registration or, having received a refusal, operate essentially illegally.

A more detailed and specific characterization of public associations as a subject, in particular, of administrative law, is contained in the Federal Law of May 19, 1995 "On Public Associations" No. 21, Article 1930, other federal laws, regulatory legal acts, as well as in the charters of unions, associations and other associations of citizens.

The Constitution of the Russian Federation, the Federal Law on Public Associations, and other laws of the Russian Federation have formed the legislative framework for public associations. In particular, it is made up of laws on certain types of public associations: "On trade unions, their rights and guarantees of activity" dated January 12, 1996; "On non-profit organizations" dated January 12, 1996; “On freedom of conscience and on religious associations” dated September 26, 1997. and etc.

I. Public associations as subjects of administrative law. 1. The concept of a public association.

"A public association is a voluntary, self-governing, non-profit formation, created at the initiative of citizens who have united on the basis of a community of interests to achieve the goals specified in the charter of the public association," says Art. 5 of the Federal Law of May 19, 1995, "On Public Associations." This Law provides for various forms of citizens' exercise of the constitutional right to associations. Citizens have the right to unite in political parties, trade unions, charitable and other organizations. The activities of such associations are regulated not only by the aforementioned Law, but also by special federal legislation.

The voluntariness of the formation is the most important sign of social association. At the same time, citizens have the right to create public associations of their choice without prior permission from the executive authorities and local self-government bodies.

Public associations created by citizens are either registered in accordance with the established procedure and acquire the rights of a legal entity, or function without state registration and acquisition of the rights of a legal entity.

Members of a public association can be individuals and legal entities - public associations, whose interest in jointly solving the problems of this association is formalized by individual statements or documents that allow taking into account the number of members of the public association in order to ensure their equality as its members.

The legislation distinguishes between five organizational and legal forms of public associations, created in the form of an organization, movement, foundation, institution and body of public initiative, however, fixed membership is provided by the Law only for public organizations. At the same time, clear legal distinctions between movements, foundations, public institutions and bodies of public initiative have been fixed.

Each of these associations has its own characteristics.

Public organization is a membership-based public association created on the basis of joint activities to protect the common interests and achieve the established goals of the united citizens.

Individuals and legal entities - public associations may be members of a public organization in accordance with its charter, unless otherwise provided by federal law and laws on certain types of public associations.

The highest governing body is the congress (conference) or general meeting. A permanent governing body of a public organization is an electoral collegial body accountable to a congress (conference) or general meeting.

In the case of state registration of a public organization, its permanently operating body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

Social movement is a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of the social movement. The highest governing body of a social movement is a congress (conference) or general meeting. An elected collegial body, an accountable congress (conference) or general meeting acts as a permanent governing body of the social movement.

In the case of state registration of a public movement, its permanent body exercises the rights of a legal entity on behalf of the public movement and performs its duties in accordance with the charter.

Public fund- one of the types of non-profit foundations, which is a non-membership public association, the purpose of which is to form property on the basis of voluntary contributions, other income not prohibited by law and the use of this property for socially useful purposes. The founders and managers of the property of the public fund are not entitled to use the said property in their own interests.

The governing body of a public foundation is formed by its founders and (or) participants either by the decision of the founders of the public foundation, adopted in the form of recommendations or personal appointments, or by election by participants at a congress (conference) or general meeting.

Public institution- a non-membership public association that aims to provide a specific type of service that meets the interests of the participants and meets the statutory goals of the said association. The public institution and its property are managed by persons appointed by the founder (founders). In accordance with the constituent documents, a collegial body may be created in a public institution, elected by participants who are not the founders of this institution and consumers of its services.

The body of public amateur performance is a non-membership public association, the purpose of which is to jointly solve various social problems that arise among citizens at the place of residence, work or study, aimed at meeting the needs of an unlimited number of persons whose interests are related to the achievement of statutory goals and the implementation of programs of the public initiative body at the place of its creation.

Federal Law No. 112 - FZ of July 19, 1998 "On Amendments and Supplements to the Federal Law" On Public Associations "" introduces Article 12.1, according to which " political public association is a public association, in the charter of which, among the main goals, participation in the political life of society by influencing the formation of the political will of citizens, participation in elections to state authorities and local self-government bodies through the nomination of candidates and the organization of their pre-election campaign, participation in the organization of the activities of these bodies should be fixed. "

Public associations can voluntarily unite in associations (unions)... The members of the association (union) retain their independence and legal personality, the name of the association (union) must contain an indication of the main subject of activity of its members with the inclusion of the words "association" and "union".

2. Public associations and executive power.

The specificity of a public association as a subject of administrative law is manifested in the relationship of the association with state bodies, first of all, with the executive authorities.

In the process of organizational registration of the status of an association and giving it the rights and obligations of a legal entity, registration relations arise. The subjects of administrative relations in this case, on the one hand, are the Federal Ministry of Justice or its territorial bodies in the constituent entities of the Federation, and on the other, the founders of a public association: individuals or legal entities applying for the status of a legal entity to the association. Registration relations are optional - the activities of the association in accordance with the Federal Law on Public Associations are not conditioned by the fact of state registration. Such a relationship does not arise if the founders do not want to endow the association with the legal capacity of a legal entity. It should be noted that public associations are liable for illegal actions, regardless of whether they are registered or not, in accordance with Art. 41 of the Law on Public Associations.

Of fundamental importance in the status of public associations as subjects of administrative and legal relations are their relationship with the state, its bodies and officials. The law on public associations introduces its own peculiarities in resolving this problem. The constitutional understanding of the relationship between associations and the voluntariness of membership in them. The law on public associations only declares a ban on the interference of state authorities and their officials in the activities of associations, but in fact allows its various legal forms.

The lack of specificity in the content of registration relations creates a basis for abuse by officials - the Law on public associations provides for eight legal grounds for refusing registration, at least two of which contain signs that suppress various interpretations of the relevant norm.

The law contains declarative provisions on the unlawfulness of the creation and activities of associations, the goals and actions of which are aimed at a violent change in the foundations of the constitutional order, undermining the security of the state, etc. Usually these concepts in everyday sense are identified with the doctrine of "fascism", but its signs are not enshrined in law. In any case, the founders have the right to regard the restriction of the activities of public associations or, moreover, the refusal to register on the basis of the above provisions as abuse of the official.

From a legal point of view, the refusal to register an association is unconvincing if its name offends the morality, national and religious feelings of citizens. In essence, such registration is allowed if the characteristics considered as illegal are contained in the charter of a public association and are not reflected in its name.

Registration relations also arise in the event of changes and additions to the charters of public associations, which is associated with significant difficulties for them. It is hardly advisable to submit repeated information about the founders of the association and the formation of governing and control and audit bodies, if their personal composition has remained unchanged.

Administrative and legal relations also arise in the process of exercising the control powers of the justice authorities over the compliance of the activities of public associations with their statutory goals, as well as financial bodies in accordance with their competence. In this case, only the right of the bodies exercising control is provided to request administrative documents of the associations, however, the law does not stipulate the obligation to present them, as well as the liability of the associations in connection with the refusal of the application by the control bodies. Thus, the content of the control powers of state bodies is rather vague.

The exercise of control powers by the bodies of justice is also associated with objective difficulties. Carrying out general control over the activities of public associations, as provided by the Law, is actually incompatible with the material, technical and personnel potential of the justice authorities.

The law also provides for another method for the exercise of the judicial authorities of their control powers. Such bodies "have the right to send their representatives to participate in events held by public associations." Among the uncontrolled powers are creative events, festivals, scientific symposia and similar actions of associations operating in the field of culture. There may be attempts by the justice authorities to control and these measures will constitute a violation of one of the fundamental constitutional rights of citizens - the right to freedom of creative activity. The justice authorities have the right and are obliged to control only the activities carried out by the governing and control and auditing bodies of associations.

The law provides for two cases of the application of sanctions by the judicial authorities to public associations that have committed illegal actions:

1. Identification of violations of the legislation of the Russian Federation;

2. Committing actions contrary to their statutory goals.

Thus, the justice authorities have the right to carry out the functions inherent in the judicial authorities. These include, first of all, the interpretation of laws and the application of sanctions entailing certain legal consequences that can occur only when written warnings were issued twice, and the association did not appeal them in court (by a court decision, the activities of the association may be suspended in this case).

The suspension of the activity of a public association and its liquidation are two interrelated procedural actions that differ in the content of the emerging legal relationship. If the powers in the sphere of suspending the activities of associations are vested in the judicial authorities and the prosecutor's office, then petitions for the liquidation of associations may be initiated only at the request of the Prosecutor General of the Russian Federation and the prosecutors of the constituent entities of the Federation subordinate to him.

Suspension of the activity of a public association does not entail a ban on entrepreneurial or production-creative activity, while the fact of liquidation means the loss of all the powers of a legal entity.

There are obvious differences in the content of control and supervisory functions. Supervision over the observance of laws by public associations is the exclusive prerogative of the prosecutor's office. The concept of "control" is much narrower in content, since the exercise of control functions by the justice authorities is intended to confirm the compliance of the activities of public associations with their statutory goals.

The control powers of the justice authorities are not related to the fact of registration. In accordance with the Law on Public Associations, the adoption of decisions on the establishment of an association, the approval of its charter and the formalization of its governing and control and auditing bodies means that the association bears all rights, except for the rights of a legal entity, and assumes all obligations stipulated by the current legislation of public associations. Consequently, the control powers of the justice authorities can be exercised from the moment the association is created. On the same day, the association undertakes the following obligations to the justice authorities:

· Annually inform the justice authorities about the continuation of their activities, indicate all changes in their details and changes in the personnel of the governing bodies;

· Submit, at the request of the justice body, decisions of governing bodies and officials, as well as annual and quarterly reports on their activities in the same manner and volume in which they are submitted to tax authorities;

· To assist in every possible way the officials of the bodies of justice in the exercise of their control powers, to allow them to participate in the activities.

In the event of a violation of the law by a public association, including those not registered with the justice authorities, it shall bear the responsibility established by law. In case of violation of the law by public associations that are not registered with the justice authorities, persons who are members of the governing bodies of these associations are responsible for the violations committed. When associations commit acts punishable under criminal law, persons who are members of the governing bodies of these associations, upon proving their guilt for organizing these acts, may, by a court decision, be held liable as leaders of criminal associations. Other members and participants of such associations are responsible for the or which they were involved in.

3. Rights and obligations of public associations.

For the implementation of the statutory goals, the association has the right:

· Freely distribute information about their activities;

· To take part in the development of decisions of state authorities and local self-government bodies in the manner and volume stipulated by the legislation;

· Hold meetings, rallies, demonstrations, processions and picketing;

· To establish mass media and carry out publishing activities;

· Represent and defend their rights, the legitimate interests of their members and participants, as well as other citizens in government bodies, local governments and public associations;

· Exercise in full the powers stipulated by the laws on public associations;

· Come up with initiatives on various issues of public life, make proposals to government bodies;

· To participate in election campaigns (in the case of state registration of the association and if there is a provision in the charter of this association to train it in elections).

The laws on public associations may provide additional rights for specific types of public associations.

In its activities, a public association is obliged:

· Comply with the legislation, generally recognized principles and norms of international law concerning the scope of its activities, as well as the norms stipulated by its charter and other constituent documents;

Annually publish a report on the use of its property or ensure the availability of familiarization with the specified report, inform the body that registers associations about the continuation of their activities, indicating the actual location of the permanent governing body, its name and data on the heads of the association and information included in the state register of legal entities;

· Submit, at the request of the body registering associations, as well as annual and quarterly reports on their activities in the amount of information provided to the tax authorities;

· Admit representatives of the body registering associations, events organized by the public association, as well as provide assistance to the representatives of the registering public association in familiarizing themselves with the activities of the association.

Public associations can carry out entrepreneurial activity only insofar as it serves to achieve the statutory goals for which they were created, and correspond to these goals.

The state ensures the observance of the rights and legitimate interests of public associations, supports their activities, and legislatively regulates the provision of tax and other benefits to them.

II. Administrative and legal status of non-profit organizations. 1. Non-profit organization concept.

The legal status of a non-profit organization is largely identical to that of a public association. In accordance with the Federal Law of January 12, 1996. "On Non-Profit Organizations" Non-profit organizations are organizations that do not put profit making as the main goal of their activity and do not distribute profits among the participants. This is an essential feature of any public association.

Another feature of the status of a non-profit organization lies in the implementation of socially priority tasks. The main goal of the functioning of any non-profit organization is to satisfy the spiritual and other intangible needs of citizens. The Law on Public Associations identifies the concept of a non-profit organization and a public association (Article 5) - this is indicated by the identical methods of creation and goals of organizations and public associations.

At the same time, there are fundamental differences between the basic Law on public associations and the Law on non-profit organizations in the legal regulation of the activities of non-profit associations. First of all, the Law on Non-Commercial Organizations practically does not allow the activities of an organization without its state registration, and the Law on Public Associations provides for the possibility of an optional regime of registration relations: the association independently solves the problem of participation in administrative and legal relations with the justice authorities, while an alternative option is also allowed - a public association has the right to function without state registration and do not have the powers of a legal entity. In this case, the contradictions of the laws are obvious. Consequently, the problem of the legal basis of registration has not been resolved: are non-profit organizations subject to registration as public associations, or are they registered on the basis of common for all legal entities, in the manner prescribed by Article 51 of the Civil Code of the Russian Federation.

Non-profit organizations enter into administrative and legal relations in the process of creation, reorganization or liquidation. The subject of such relations are individuals or legal entities applying for the creation of a non-commercial organization, or for a change in its status, and the federal executive authority, which is entrusted with the functions of registration of the organization. In relation to religious public organizations, these functions are carried out by the Federal Ministry of Justice or its territorial bodies in the constituent entities of the Federation.

Relations between non-profit organizations and public authorities are largely due to the inherent social priority functions of organizations.

State authorities have the right to provide organizations with benefits in the payment of taxes, customs and other fees and charges, to completely or partially exempt them from payments for the use of federal and municipal property, to provide other benefits and benefits.

The forms of exercising control over the activities of non-profit organizations are only in the most general form defined by the Law. Among the executive authorities to which organizations are required to provide information on their activities, only state statistics and tax authorities are specifically indicated, but it is obvious that their list is much wider. In particular, in some cases, control functions in this area are carried out by the justice bodies, internal affairs bodies and security bodies. The forms and methods of exercising control bodies, the list of information provided to them are determined by the Law on Non-Commercial Organizations. He settled mainly property and other civil law problems: the relationship between state bodies and commercial organizations was not properly regulated.

2. Administrative and legal relations in the sphere of activity of trade unions.

Trade unions have a special status among public associations. The definitions of "trade union" and "non-profit organization" are very similar. These are associations with the aim of ensuring and protecting the socially-priority interests of the individuals who created them. The citizens united in a trade union are linked by a common industrial and professional interests. The statutes of trade unions resemble the legal status of many types of associations, since the statutes of almost all of them (creative unions, communities, charitable and youth organizations, religious associations) provide for one or another organization of social and legal protection of labor rights and interests of individuals. Trade unions can only be created in the form of an organization.

Among the administrative and legal relations in the activities of trade unions, their relationship with the executive, legislative and judicial authorities is of particular importance. Article 5 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" dated January 12, 1996, establishes the principle of independence of trade unions in their activities from the executive authorities and local self-government bodies. The law stipulates socially that trade unions are not accountable and not subject to the control of these bodies. It is prohibited for these bodies and their officials to interfere in the activities of trade unions in cases where this "may entail restricting the rights of trade unions or hinder the legitimate exercise of their statutory activities."

Trade unions and their members depend on the legislature: its instructions, embodied in the form of a federal law or a law of a constituent entity of the Federation, are binding on all its members, and in some cases (for example, the Labor Code) directly affect the status of trade unions, the competence of its bodies, rights and obligations of their members In the process of legislative regulation, some restrictions on the rights of trade unions are allowed, for example, when citizens united in a trade union exercise their right to strike and other types of collective protest against the actions of employers (see Art. 31 and part 4 of Art. 37 of the Constitution) ...

The legislation on public associations provides for special forms of registration relations arising between persons applying for the founding of a trade union and the justice authorities. The law on trade unions provides for notification state registration: trade unions, associations, primary trade union organizations, within a month from the date of formation, send the necessary documents to the Ministry of Justice of Russia or its territorial bodies, after which the latter is obliged to register them. The Basic Law on Public Associations provided for a procedure for refusing to register for some reason or other legal grounds.In accordance with Part 1 of Article 8 of the Law, refusal to register trade unions is not allowed, however, Part 2 of this Article still provides for the possibility of denial of registration by the justice authorities or evading registration and appeal against these actions in court. “Thus, the actions recognized by the Law as unlawful, by the same legal order, are qualified as legitimate! The disadvantage of the Law on Trade Unions is precisely that it provides for the procedure and legal grounds for refusing state registration to trade unions ”.

The exercise by trade unions of their rights enshrined in the Law is the most common form of relationship between trade unions and the executive branch.

The subjects of administrative and legal relations in this case are the employer represented by the head of the executive authority and the relevant officials and the representative of the trade union body. The emerging social relations in this area have all the signs of administrative and legal. First of all, they are characterized by inequality of sides. Subordination is manifested in the fact that the Law provides for the rights of trade unions in their relationship with the employer, and the obligations of the latter to satisfy these rights. State authorities at any level are obliged to agree with the trade unions on draft legislative acts affecting the social and labor rights of workers. The same obligation applies to the executive authorities in the development of projects of relevant regulatory legal acts.

The legislation provides for certain types of normative acts of the executive authorities, which require agreement with the trade union in the process of not only their development, but also implementation. Among them are acts providing for the liquidation of an enterprise, institution, or its divisions.

The liquidation process can take place both at the initiative of the trade union itself, and at the initiative of the judicial authorities, including the prosecutor's office of Russia.

A special status in the sphere of executive power is not characteristic of the relationship of trade unions with the judiciary, including the prosecutor's office. The latter has the right to exercise control and supervision over their activities, and their powers are not limited to any specific area, as provided by the Law on Trade Unions in the case of exercising control functions by executive authorities.

3. Administrative and legal status of charitable organizations.

The Law on Public Associations stipulates that the activities of certain types of public associations can be regulated in special laws. The first among them was the Federal Law of August 11, 1995 "Charitable Activities and Charitable Organizations." According to this Law, a charitable organization must comply with all the basic characteristics of a public association, defined by the Law of Public Associations. Created to implement socially-priority goals, a non-profit charitable organization should have the most important property: its activities should be disinterested - free of charge or on preferential terms. Preferential conditions mean the provision of certain benefits and advantages (primarily of a material nature) to philanthropists, stimulating this type of social priority activity. However, state guarantees - the provision of tax and property benefits - apply only to charitable organizations, but not to legal entities and individuals who are sponsors of charitable organizations (see article 18 of the Law on Charitable Organizations).

Charitable organizations, like all other public associations, are not entitled to redistribute funds received as a result of entrepreneurial activity between their members or participants. In accordance with the article of the Law on Charitable Activities, a charitable organization is not entitled to use more than 20% of the funds spent in a financial year to pay administrative and managerial personnel. Thus, this form of illegal redistribution of funds is impossible among members or participants of charitable organizations.

The grounds for the emergence and termination of administrative and legal relations, the subjects of which are charitable organizations, are in many ways the same as those of non-profit organizations and trade unions. The Law on Charitable Activities, as well as the Law on Non-Commercial Organizations, does not specify the state registration authority for charitable organizations. This procedure should be carried out "in the manner prescribed by federal laws."

Administrative and legal relations arise in the process of granting charitable organizations by executive authorities of various benefits and advantages, for example, the transfer of state property into ownership.

The Law on a Charitable Organization regulates in more detail the forms of control: the authority that registers a charitable organization has the right to control its financial and economic activities "on the use of property and the expenditure of funds."

This means that all information confirming the legal obligations of the organization with any legal entities and individuals can be controlled. In addition to active forms of control carried out by officials of the registering authority directly on the spot, passive forms are also envisaged: a charitable organization, presenting an annual report on its activities to the registering or tax authority, also initiates the emergence of administrative and legal relations.

In addition to the control of the registering authority over the financial and economic activities of charitable organizations, an important place is given to the control of tax authorities, which control the sources of income of organizations, the amount of funds they receive and the payment of taxes. In this case, the control activity of the registering and tax authorities is largely identical: its object is the same information about the social and legal relations of charitable organizations. Obviously, all types of financial control should be carried out by the tax authorities.

Thus, there are obvious differences in the legal regulation of the activities of public associations in the basic Law on Public Associations and in the laws adopted later on certain types of public associations. The status of certain types of legal entities, for example, production cooperatives, is very similar to the legal status of public associations. However, this form of joint activity of citizens pursues the main goal of making a profit, which is completely unacceptable for the status of non-profit associations.

Of course, they can adopt special laws on certain types of associations, but their compliance with the requirements of the basic Law on public associations is mandatory. However, in fact, this principle is not always observed.

III. Administrative and legal status of religious public associations. 1. Legislative regulation of the activities of religious public associations. The relationship between the justice authorities and religious public associations.

As you know, the result of the long development of world religious and philosophical thought was the formation of the church as a political institution of civil society. Despite the fact that the secular nature of the Russian state excludes the possibility of the church's influence on the political life of society, the issue of freedom of conscience, its legal regulation is constantly in our country in the center of attention of power structures: the state, its bodies of political parties. 14 of the Constitution of the Russian Federation, the Russian Federation is declared a secular state: “No religion can be established as a state or mandatory. Religious associations are separated from the state ”. Until recently, the legal status of the church was regulated by the Russian law on freedom of religion of October 25, 1990. The adoption of the law “On freedom of conscience and religious associations” marked a new stage in the development of church-state relations in Russia. The time has passed since 1990, there have been profound changes in the political and socio-economic spheres of society, largely predetermining the content of the new law.

If the main tasks of the previous law were the liberation of religion from the state guardianship and the provision of citizens with the opportunity to freely practice their faith, the current law goes further in regulating religious life and fixes a number of fundamental provisions in the field of interaction between the state and confessions. The state's attention to organized forms of religious activity can be traced directly from the title of the law.

“The analysis of the law under discussion allows us to say that Russia has chosen its own special model of relations between political power and confessions that differ from the regimes of the state church prevalent in the world. The conceptual basis of relations between the state and religious associations in Russia was the idea of cultural and historical selectivity, which consists in granting advantages to confessions on the basis of their special cultural and historical significance. ”The preamble recognizes the special role of Orthodoxy in“ the history of Russia, attitude to Christianity, Islam, Buddhism, Judaism and other religions that make up "an integral part of the historical heritage of the peoples of Russia."

The keynote of the Federal Law of September 26, 1997 is to consolidate the preventive powers of law enforcement agencies: the state authorities are interested in providing possible illegal activities of the so-called "totalitarian sects" that exclude the voluntary basis of membership and prevent citizens from leaving a religious association. The mechanism of the state permitting policy, embodied in the powers of the federal ministries and departments for registration, licensing and control, is designed to prevent the infliction of property and moral harm on adherents of different faiths. This is the main difference between the Federal Law "On Freedom of Conscience and on Religious Associations" from analogues of the national systems of legislation of many foreign states, which exclude any form of influence of the executive power on the process of creating a confessional association, when law enforcement agencies only state the facts of criminal actions.

In the process of state registration of religious associations, the exercise of the powers of a legal entity, control of the justice authorities over the activities of religious associations and their liquidation, administrative and legal relations arise.

Religious associations can be created in the form of religious groups and religious organizations. The legal capacity of legal entities is possessed only by religious organizations registered with the justice authorities. The Federal Law of September 26, 1997, as well as the basic Federal Law “On Public Associations” of May 19, 1995, defines the status of optional and mandatory regimes of registration relations, and their differences are due to the intentions of the persons who created the religious group. In the event that the purposes of creating such a group are the subsequent registration and obtaining the status of a religious organization, the initiators of its formation are obliged to notify the activities of the group and municipal bodies. The optional regime of registration relations, therefore, applies to religious groups whose founders do not intend to apply to the justice authorities to grant them the status of a legal entity, and mandatory state registration is provided only for associations created in the form of a religious organization.

Only centralized religious organizations that have local religious organizations on the territory of two or more constituent entities of the Federation are subject to registration with the Ministry of Justice of the Russian Federation, and all other organizations are registered by territorial bodies of justice. For the implementation of imperative registration relations, the time limit for the activities of a religious association on the territory of the Russian Federation is of decisive importance.

The status of an all-Russian religious association applies only to centralized religious organizations that have been operating on the territory of Russia legally for at least 50 years by the time the organization of the organization of justice applies for state registration. The founders of a local religious organization are obliged to confirm with the justice authority the fact of their activity in the relevant territory for at least 15 years. This temporary qualification does not apply to local religious organizations that operated as part of a centralized religious organization prior to state registration. It is characteristic that the law provides for the confirmation by the founders of the all-Russian religious association of their activities on a legal basis during the entire period of the temporary qualification.

For administrative and legal relations arising in the field of activities of religious associations, a combination of various types of permissive policy is characteristic. The creation of a centralized religious organization is characterized by a special periodicity of registration relations: at the first stage of state registration, local organizations are subject to, only after its completion, the founder has the right to apply for registration of a centralized organization. To obtain this status, it is necessary to confirm the presence of three local organizations, therefore, the state registration procedure is at least divided into four stages. In the event of the subsequent expansion of the activities of a centralized religious organization, for example, when it establishes new local organizations, the registration relationship between the justice authority and the founders reappears. To create confessional associations of institutions of vocational and religious education, a combination of two different types of permissive policy is required. Such institutions are subject to state registration with the justice authority as a religious association, and in order to obtain the right to carry out educational activities, it is also necessary to issue a license by the Ministry of General and Professional Education of the Russian Federation.

The status of the All-Russian religious organization, provided for by the Federal Law "Freedom of Conscience and Religious Associations" of September 26, 1997, differs from the legal status of the All-Russian Association created in accordance with the Federal Law "On Public Associations" of May 19, 1995. Despite the fact that the religious organization represents is a kind of public association, the procedure for state registration of religious associations is significantly simplified. To confirm the status of an all-Russian religious organization, the territorial aspect is taken into account by the body, the procedure of state registration is minimal: a subject of the Federation and nevertheless referred to as an all-Russian one.

Subjects of administrative and legal relations arising from state registration of an all-Russian public association and a Russian religious organization also differ significantly. In the second case, the registration certificate can also be issued to the territorial bodies of justice, while all-Russian public associations are subject to state registration only with the Ministry of Justice of Russia.

The liquidation of a confessional association is also regulated by the norms of administrative law. As a rule, the initiator of the liquidation or prohibition of the activities of the association is the Ministry of Justice of the Russian Federation or its territorial body in the subject of the Federation, but the decision is essentially taken by the court. Federal law does not regulate the differences in the procedure for liquidating and prohibiting the activities of a religious association, however, the complete termination of the legal capacity of a confessional organization as a legal entity is allowed only if it is liquidated by a court. The prohibition of the activities of the association is a temporary preventive measure, the purpose of which is to eliminate the facts of violation of the current legislation, revealed by the justice body or other law enforcement agency in the process of exercising control functions.

Thus, the following social relations in the sphere of confessional activity are regulated by the norms of administrative law:

1. Determining the status of a religious organization as a legal entity. The necessary conditions for the civil and administrative legal capacity of a religious association are state registration, and in some cases, the vesting of the organization with the powers of a licensee;

2. In the process of liquidation of a confessional association, prohibition of its activity or control over it. As a special kind of control functions, one can consider the obligation of a registered (centralized or local) religious association to submit to the justice authority information on the continuation of its activities on an annual basis;

3. Endowing religious organizations with the right of ownership to religious buildings and constructions;

4. When a clergyman exercises secular rights and duties, above all his military duties. The head of state is endowed with the right to represent a clergyman on a deferral from conscription and to exempt from military fees in peacetime;

5. When carrying out religious rites and ceremonies. We are talking about the procedure for carrying out ritual activities in penitentiary institutions, the Armed Forces of the Russian Federation and departmental military formations.

The executive authorities control the compliance of the federal legislation with the internal regulations of religious organizations, primarily the statutes. The executive power also interacts with confessional associations when determining the status of institutions of religious education. Religious education or its foundations can be obtained not only in institutions of confessional education, but also in state or municipal educational institutions.

2. Administrative and legal relations in the sphere of activity of religious associations.

Other administrative and legal relations in the sphere of activity of religious associations arise in the following cases:

· In the process of regulation of property relations;

· While regulating the peculiarities of religion;

· In the process of implementation of teaching, educational and other creative activities in the public education system;

· While exercising state control over the activities of religious and public associations.

The administrative-legal specificity in the sphere of property relations is manifested, first of all, in the participation of executive authorities in securing the rights of ownership, lease and other rights of confessional associations to prayer buildings, where adherents of this denomination conduct services or religious meetings. The practice of granting by the executive authorities to religious associations of individual rights of the owner in relation to religious objects remains very widespread. Most often, these objects are transferred to associations for use, or for joint use with the bodies of the Ministry of Culture.

The transfer of state property to the property of religious associations is most often carried out on the basis of a decision of the executive authority, and the regulation of the procedure for the alienation of religious property belonging to federal property is in the exclusive competence of the federal government.

Resolving Issues on Transferring Property to Religious Associations

for use or for joint use with institutions and

organizations of culture, carried out by the Ministry of Culture. The Ministry has the right to settle property problems only in relation to objects that are monuments of history and culture, religious buildings and structures with adjacent territories and other movable and immovable property of religious significance located within these objects. The transfer to religious associations of property belonging to federal property, but not being a monument of history and culture, is within the competence of the State Property Committee of Russia.

In some cases, the executive authorities take part in the regulation of certain ritual features of the confession, for example, the secrets of confession, protected by law. The investigative actions provided for by the Criminal Procedure Code do not apply to clergymen who have become aware of any circumstances from a citizen's confession. Thus, the clergyman has immunity in the areas of criminal, civil, administrative and legal jurisdiction.

The administration of medical institutions, homes for the elderly and disabled, orphanages and boarding schools, places of pre-trial detention and serving sentences (including punishment cells and cell-type premises) is obliged to provide citizens with the conditions for the exercise of their right to freedom of religion, for example, provide separate premises for ceremonial sacraments, provide the necessary religious literature, objects of cult.

The above responsibilities apply to the systems of many federal ministries and departments that have their own medical and social rehabilitation institutions, as well as to the entire penitentiary system subordinate to the Ministry of Internal Affairs of Russia. However, most of these responsibilities do not apply to the military units of the so-called "power" ministries and departments.

Executive authorities and religious associations interact in the process of teaching, scientific and other creative activities carried out in the public education system. The public education system allows teaching activities of clergy in religious studies without performing religious rites, and the relevant disciplines can be included in the curricula of educational institutions. Naturally, the realization of these rights is impossible without the joint participation of the secular and spiritual authorities in the development of religious studies curricula for the preparation and publication of appropriate teaching aids. The restrictions on the rights of citizens to adhere to the spiritual foundations of the doctrine of a given or other confession, provided for by the Law on Freedom of Religion, apply only to the state education system. Despite the fact that the Law extends “freedom of thought and religion” to minors as well, they are practically deprived of the opportunity to participate in sacred rituals in state educational institutions and, thus, are unable to exercise their constitutional right to religious confession.

State authorities are competent to exercise control over the observance of federal legislation on freedom of religion. The exercise of functions by the executive authorities entails the emergence of administrative and legal relations with the corresponding confessional association. Control of federal ministries and departments is an important element of the competence of the federal executive body. Control functions of officials are of a state nature - they are carried out on behalf of and within the competence of the relevant ministries and departments.

It should be noted that the secular authorities do not always adhere to the principle of "neutral" attitude towards religious associations. The state recognized and recognizes the importance of the Russian Orthodox Church in the establishment and development of the Russian statehood. The ROC is the only public institution that has preserved the foundations of religion and canonical organization throughout the millennia of the history of the Fatherland. A “neutral” attitude of the state towards the ROC is impossible, since for this it would have to abandon the centuries-old traditions embodied in state legal institutions. This is confirmed by the participation of the highest hierarchs of the Russian Orthodox Church in official state actions, above all the inauguration ceremony of the first popularly elected President of Russia on August 7, 1996.

“On May 24, 2002, during church and public celebrations in honor of Saints Equal to the Apostles Cyril and Mythodius, Metropolitan Kirill of Smolensk and Kaliningrad blessed the new governor of the Smolensk region, V.N. But this time, attention is drawn to the form of such recognition: when taking office, the highest person of the subject of the Russian Federation received a blessing from the church. ”Part 4, Art. 4 of the Federal Law "On Freedom of Conscience and Religious Organizations" explicitly prohibits accompanying the activities of state authorities with public religious rituals and ceremonies. The rite of church blessing, specially timed to the assumption of office, cannot be considered a personal matter of a private person. VN Maslova: he accepted the blessing as the person taking the office of governor.

Quite often, in recent years, the leaders of our top-level politicians, according to the Constitution of the Russian Federation, of a secular state, publicly demonstrate their support for traditional confessions, but support for the Russian Orthodox Church is especially noticeable.

Conclusion

Considering public associations as one of the subjects of administrative law, it should be emphasized that this is one of the fundamental constitutional and legal institutions. The norms on public associations are contained in parts 4, 5 of Art. 13; Part 2 of Art. 19; h. 1 tbsp. thirty; h. 2 tbsp. 46 of the Constitution of the Russian Federation. These articles provide a general description of public associations as a subject of Russian law. A more detailed description of public associations as a subject of administrative law is contained in the Federal Law of May 19, 1995 "On Public Associations", which is the basic law governing the organization, status and activities of public associations; as well as in other federal laws, regulations, as well as the charters of unions, associations and other associations of citizens.

The current legislation of the Russian Federation regulates the activities of the public association system. It consolidates the status of unions of public associations and subjects that are part of their systems. “The new legislation of the Russian Federation on public associations requires a clearer delineation of the functions of associations and state bodies.” The basic principles of their relationship are regulated by the current Law on Public Associations.

It should be noted that the differences in the types of public associations are of a formal nature, which confirms the absence of any instructions on the status of structural divisions. Although the Law provides for four types of such divisions, it does not define differences in the legal status of an organization, department, branch and representative office. The solution to this problem is of great practical importance, since the fact of state registration of the association in the justice authorities depends on the presence of subdivisions in Russia.

There are obvious contradictions between the basic Law on public associations and the laws on individual public associations, as well as the contradictions between the normative legal acts of the subjects of the federation, issued on issues of joint jurisdiction with the central government, and federal laws, which does not correspond to Art. 76 of the Constitution of the Russian Federation.

Bibliography

I. Regulatory sources.

1. The Constitution of the Russian Federation. M., 1993.

2. Federal Law of May 19, 1995 No. 82 - FZ "On Public Associations". SZ RF, 1995, No. 21, art. 1930; 1997, No. 20 Art. 22 31; 1998, no. 30, art. 3608.

3. Federal Law of June 28, 1995 No. 98 - FZ "On State Support of Youth and Children's Associations". SZ RF, 1995, No. 25, art. 2343.

4. Federal Law of August 11, 1995 No. 135 - FZ "On charitable activities and charitable organizations." SZ RF, 1995, No. 33, art. 3340.

5. Federal Law of January 12, 1996 No. 10 - FZ "On trade unions, their rights and guarantees of activity." SZ RF, 1996, No. 3, art. 148.

6. Federal Law of January 12, 1996 No. 7 - FZ "On Non-Commercial Organizations". SZ RF, 1996, No. 3, art. 145; 1998, no. 48, art. 5849.

7. Federal Law of September 26, 1997 No. 125 - FZ "On freedom of conscience and religious associations." SZ RF, 1997, No. 39, art. 4465.

8. Federal Law of July 19, 1998 No. 125 - FZ "On Amendments and Additions to the Federal Law" On Public Associations "". SZ RF, 1998, No. 30, art. 3608.

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5. Kudryavtseva GA Ownership rights of public associations under the federal legislation of Russia // State and Law, 1998, No. 4.

6. Morozova L. A. State and Church: Peculiarities of Relationship // State and Law, 1995, no. 3.

7. Savelyev A. Issues of freedom of conscience in regional normative acts // Russian justice, 1999, No. 10.

8. Salygin E. What should be the state-church relations in Russia? // Russian justice, 1998, No. 2.

9. Cheremnykh G. Public associations: regulation of activities // Russian justice, 1996, No. 4.