Setting up of noncommercial organizations
Setting up of noncommercial organizations for protetion of the rights and for helping patients with CF within the territory of Russia
These organizations were already established and are in successful operation in many regions of Russia. The coordinator at this time is a partner of our foundation — Interregional public organization »Help to patients with cystic fibrosis», Moscow http://www.cfhelp.ru/. On the specified website there is a list of already operating organizations. The steps taken by them are very effective. It is necessary to extend the experience of public organizations for helping CF patients and to establish new ones. And we have every legal bases for that.
In order to assert the rights of CF patients, you can set up such organization in your city and your region.
If you need any legal advice, please ask us.
Here are the comments of lawyers:
According to article 50 of the Civil code of the Russian Federations, legal bodies can be both commercial and noncommercial organizations (when deriving of profit is not a main objective). Our organizations will be noncommercial.
They can be set up in the form of public organizations (associations), foundations, establishments, associations of legal persons (societies and unions) (see accordingly articles 116-118, 120, 121 of the Civil code). There are also noncommercial partnerships and independent noncommercial organizations (according to article 6.1, 7.1, 8, 10 of Nonprofit organization law).
Public association is a voluntary, self-regulating, noncommercial establishment set up at the initiative of citizens, which have united on the basis of generality of their interests for realization of common aims specified in the charter of the public association (hereinafter — statutory objectives).
Thus, among the specified forms of the noncommercial organizations the public association is the best.
Principles of creation and operation of public associations
Public associations irrespective of their organizational-legal forms are equal before the law. Operation of public associations is based on the principles of voluntariness, equality, self-management and legality. Public associations are free to define their internal structure, objectives, forms and methods of their operation. Their operation should be public, and the information on their statutory and program documents — publicly available.
The most suitable forms of public associations, according to the tasks in view, are public organization and social movement.
Public organization is a public association based on membership, set up on the basis of joint operation for protection of common interests and achievement of statutory objectives of united citizens. According to the charter the members of public organization can be physical persons and legal bodies — public associations. The higher governing body of the public organization is a congress (conference) or general meeting. The permanent governing body of the public organization is an elected collegiate authority, regulated by the congress (conference) or by general meeting.
Social movement is a mass public association consisting of its participants and not having any membership, the association pursues social, political and other socially useful objectives, supported by the participants of the social movement. The higher governing body of the social movement is a congress (conference) or general meeting. Permanent governing body of social movement is elected joint organ regulated by the congress (conference) or by general meeting.
Thus, the main difference between public organization and social movement, is that in case of the former the participation is based on membership, and in the latter instance — without any.
For our objectives it is easier and more convenient to set up a public organization.
Public association (public organization or social movement), being a legal body, has the right:
to freely disseminate information about its operation; to participate in making decisions of public authorities and local governments; to hold meetings, rally, demonstrations, processions and picketing; to set up mass media and to carry out publishing;
to represent and protect the rights, legitimate interests of its members and participants and other citizens in public authorities, local governments and public associations; to advance the initiatives on various questions of public life, to make offers to public authorities;
to participate in elections and referenda according to the procedure established by the legislation of the Russian Federation.
Territorial sphere of activities of the Russian public associations (public organizations or social movements)
In the Russian Federation many all-Russian, interregional, regional and local public associations are set up and now operate.
The all-Russian public association is an association which carries out its activities according to the statutory objectives in the territories of more than half of all the subjects of the Russian Federation and has there its structural divisions — organizations, units or branches and representative offices.
Inter-regional public association is an association which carries out its activities according to the statutory objectives in the territories of less than half of all the subjects of the Russian Federation and has there its structural divisions — organizations, units or branches and representative offices.
Regional public association is an association which operates according to its statutory objectives in the territory of one subject of the Russian Federation.
Local public association is an association which operation according to its statutory objectives is carried out in the local government territory.
The all-Russian public associations can use in their names the following words: «Russia», «Russian Federation», words and word-combinations on their basis without any special permission of a competent government agency.
Unions (societies) of public associations
Public associations irrespective of their organizational-legal form have the right to set up the unions (societies) of public associations.
The state and public associations
The state provides observance of the rights and legitimate interests of public associations, provides support to their operation, legislatively regulates provision of tax and other privileges and advantages to them. The state support can be carried out in the form of target financing of separate socially useful programs of public associations under their demands (state grants); conclusions of any kinds of contracts, including work and service contracts; social order for carrying out of various governmental programs.