Article 30. Property of a public association A public association, which is a legal entity, may own land plots, buildings, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, and other valuables papers and other property necessary to materially support the activities of this public association, specified in its charter.

A public association may also own institutions, publishing houses, and mass media that are created and acquired at the expense of the funds of this public association in accordance with its statutory goals.

Federal law types of property may be established that, for reasons of state and public security or in accordance with international treaties Russian Federation cannot be owned by a public association.

Public foundations can carry out their activities on the basis of trust management.

The property of a public association is protected by law.

Article 31. Sources of formation of property of a public association.

The property of a public association is formed on the basis of entrance and membership fees, if their payment is provided for by the charter: voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of the public association; income from business activities of a public association; civil transactions; foreign economic activity public association; other income not prohibited by law.

Political parties, political movements and public associations, whose charters provide for participation in elections, do not have the right to receive financial and other material assistance from foreign states, organizations and citizens for activities related to the preparation and conduct of elections.

Article 32. Subjects of property rights in public organizations.

The owners of the property are public organizations that have the rights of a legal entity. Each individual member public organization does not have ownership rights to a share of property owned by a public organization.

In public organizations, the structural divisions (branches) of which operate on the basis of a single charter of these organizations, the owners of the property are public organizations as a whole. Structural divisions (branches) of these public organizations have the right to operationally manage the property assigned to them by the owners.

In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations included in the union (association) as independent entities are the owners of the property belonging to them.

Article 33. Subjects of property rights in social movements.

On behalf of social movements, the rights of the owner of property entering the social movements, as well as those created and (or) acquired by them at their own expense, are carried out by their permanent governing bodies specified in the charters of these social movements.

Article 34. Subjects of property rights in public funds.

On behalf of public funds, the rights of the owner of property received by public funds, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies specified in the charters of these public funds.

Article 35. Property management in public institutions.

Public institutions created and financed by the owner (owners) exercise the right of operational management of said property in relation to the property assigned to them.

Public institutions that are legal entities and own property with the right of operational management may be the owners of property created and (or) acquired by them through other legal means.

Public institutions receive property with the right of operational management from the founder (founders). In relation to the specified property, public institutions exercise the rights of ownership, use and disposal within the limits established by law, in accordance with their statutory purposes.

The founder (founders) - the owner (owners) of property transferred to public institutions, has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.

When the ownership of property assigned to public institutions is transferred to another person, these institutions retain the right to operationally manage said property. Public institutions do not have the right to alienate or otherwise dispose of the property assigned to them and property acquired from funds allocated to them according to estimates, without the written permission of the owner.

If, in accordance with the constituent documents, public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of public institutions and are accounted for on a separate balance sheet.

Public institutions are liable for their obligations with the funds at their disposal. If they are insufficient, the owner of the relevant property bears subsidized liability for the obligations of a public institution.

Article 36. Subjects of property rights in public amateur bodies.

The subjects of property rights in public amateur performance bodies are the public amateur performance bodies themselves, to which, after their state registration, the rights of a legal entity are assigned. Bodies of public initiative may be the owners of property created and (or) acquired by them by other legal means.

Article 37. Entrepreneurial activities of public associations.

Public associations can create business partnerships, societies and other business organizations, as well as acquire property intended for conducting business activities. Business partnerships, societies and other business organizations created by public associations make payments to the relevant budgets in the manner and amounts established by the legislation of the Russian Federation.

Income from the business activities of public associations cannot be redistributed between members or participants of these associations and must be used only to achieve their statutory goals. Public associations are allowed to use their funds for charitable purposes, even if this is not specified in their charters.

Article 38. Supervision and control over the activities of public associations.

Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation.

The body registering public associations exercises control over the compliance of their activities with the statutory goals. The specified body has the right:

request the governing bodies of public associations for their administrative documents;

send their representatives to participate in events held by public associations;

In case of detection of violations by public associations of the legislation of the Russian Federation or their commission of actions that are contrary to their statutory goals, the body registering public associations may issue a written warning to the governing bodies of these associations indicating the specific grounds for issuing the warning. A warning issued by the body registering public associations may be appealed by public associations in court.

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 implementation by public associations existing standards and standards can be implemented by environmental, fire, epidemiological and other government supervision and control bodies.

The range of subjects of property rights of public associations (organizations) is quite wide: these are public organizations, social movements, public funds, public institutions, and public amateur bodies. Public associations exist both in the form of simple, single-link structures and in the form of multi-link structures (trade unions, political parties, sports organizations). Only public associations that have the rights of a legal entity can act as subjects of property rights. This position is fixed in the form general rule in paragraph 4 of Art. 213 of the Civil Code of the Russian Federation and is specified in relation to public associations in Art. 3, 21, 32 of the Federal Law “On Public Associations”.

In relation to multi-level public organizations, the issue of the subject of property rights is resolved in Art. 32 of the Federal Law “On Public Associations”, according to which in public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association ). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them.

It is legal entities, and not their governing bodies, that are the subjects of property rights in public associations that do not have membership, such as social movements, public foundations, and public initiative bodies.

The grounds for acquiring ownership rights of public associations are: entrance and membership fees, voluntary contributions and donations, proceeds from lectures, exhibitions, lotteries, auctions, sports and other events, from purchase and sale transactions, barter, donations, from business activities and others, sources not prohibited by law.

Political parties, political movements and public associations whose charters provide for participation in elections (for example, trade unions) are not entitled to receive financial and other material assistance from foreign states, organizations and citizens for activities related to the preparation and conduct of elections.

The objects of ownership of a public association can only be those types of property that are necessary for it to materially support the activities specified in its charter. These are land plots, publishing houses, mass media, buildings, structures, housing stock, property for cultural, educational and recreational purposes, cash, securities and other property that meets the nature of the statutory objectives of the public association.

Maintenance and implementation of property rights of public associations. Public associations have the right to use the rights of the owner to own, use and dispose of property only to achieve the goals provided for by their constituent documents (Clause 4 of Article 213 of the Civil Code of the Russian Federation). Entrepreneurial activity is carried out by public associations only insofar as it serves the achievement of the statutory goals for which they were created and corresponds to these goals. Moreover, entrepreneurial activity non-profit organizations recognized are the profitable production of goods and services that meet the goals of creating such an organization (for example, a sports society provides services to the population for the repair of sports equipment), the acquisition and sale of property and non-property rights, valuable papers, other property, participation in business companies and limited partnerships as an investor.

Use of property during the liquidation of a public association. Since public associations are legal entities to whose property their participants do not have property rights (clause 3 of Article 48 of the Civil Code of the Russian Federation), upon liquidation of such an organization, its property remaining after satisfying the creditors’ claims is used for the purposes in whose interests it was created and (or) for charitable purposes. If the use of property in accordance with the constituent documents of the organization is not possible, it turns into state income (clause 4 of article 213 of the Civil Code of the Russian Federation, article 20 of the Federal Law “On Non-Profit Organizations”).

The combination of these subjects of property rights into one classification heading is explained by the fact that in the law they are all classified as non-profit organizations with the ensuing consequences. In addition, the legislator himself has not yet clearly defined the question of whether there is a generic concept under which all these types of legal entities as subjects of property rights could be subsumed.

The sources of formation of the association's property include entrance and membership fees; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter; income from business activities; civil transactions; foreign economic activity; other receipts not prohibited by law.

In a public organization, the structural divisions of which operate on the basis of a single charter of this organization, the owner of the property is the organization as a whole.

Public property

Structural units, if recognized as legal entities, have the right to operationally manage the property assigned to them by the owner.

Charitable organizations can be created in the form of public organizations (associations), foundations, institutions and other forms. The charitable organization is non-governmental. Its founders cannot be any bodies state power And local government, nor state and municipal enterprises and institutions. They may or may not be membership based.

Religious organizations may use property that is provided to them by state, municipal, public and other organizations and citizens and, accordingly, constitutes state or municipal property or private property of citizens or legal entities.

The transfer to religious organizations of ownership or use for functional purposes of religious buildings and structures with associated land plots and other property for religious purposes that is in state or municipal ownership is carried out free of charge.

To achieve their statutory goals, religious organizations are given the right to create cultural and educational organizations, educational and other institutions, as well as create their own enterprises. Institutions created by a religious organization are assigned property under the right of operational management, and to enterprises - under the right of economic management.

The concept and content of citizens' property rights.

Citizens' property rights are a set of rights and norms that establish and preserve citizens' ownership of property for consumer and financial-production purposes and ensure that citizen owners exercise the right to own, use and dispose of this property at their own discretion, to use it for any purpose, unless otherwise provided by law.

Possession is the possibility of economic domination of the owner over a thing. We are talking about economic domination over a thing, which does not at all require that the owner be in direct contact with it. For example, when leaving on a long business trip, the owner continues to remain the owner of the things in his apartment.

The main quality of property rights of citizens is the combination of the most absolute domination of a person over a thing, with the right to dispose of it, the right to determine its fate (sell, exchange, mortgage, destroy).

Use is the ability to extract from a thing useful properties in the process of its personal or productive consumption. Often the same thing can be used for both personal consumption and production purposes.

An order is the ability to determine the fate of a thing by performing legal acts in relation to this thing. There is no doubt that in cases where the owner sells his thing, rents it out, pledges it, transfers it as a contribution to a business company or partnership, or as a donation to charitable foundation, he disposes of the thing.

The concept and content of ownership of residential premises.

Ownership of residential premises is the right to own, use and dispose of residential premises.

Possession is the actual (real) possession of residential premises.

Use is the owner’s extraction of benefit and income from the residential premises he owns.

At the same time, it must be taken into account that residential premises have a strictly intended purpose and are intended exclusively for the residence of citizens - individuals. The placement of organizations and enterprises in residential premises by the owner is permitted only after the transfer of such premises to non-residential premises.

Disposition is the right of the owner of a residential premises to determine its legal fate. Thus, the owner has the right, at his own discretion, to take any actions in relation to the residential premises he owns that do not contradict legal acts and not violating the rights of other persons, including alienating residential premises into the ownership of other persons, giving the premises as collateral, rent, loan, as well as encumbering it in other ways and disposing of it in any other way.

The powers of the owner can be limited only by federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

The number and cost of housing that can be owned by citizens or legal entities is not limited.

Property of a public association. Property management of a public association

Article 30. Property of a public association

A public association, which is a legal entity, may own land plots, buildings, structures, housing stock, transport, equipment, inventory, property for cultural, educational and recreational purposes, cash, shares, other securities and other property necessary for material support of the activities of this public association specified in its charter.
A public association may also own institutions, publishing houses, and mass media that are created and acquired at the expense of the funds of this public association in accordance with its statutory goals.
Federal law may establish types of property that, for reasons of state and public security or in accordance with international treaties of the Russian Federation, cannot be owned by a public association.
Public foundations can carry out their activities on the basis of trust management.
The property of a public association is protected by law.

Federal law dated March 12, 2002 N 26-FZ, amendments were made to Article 31 of this Federal Law

Article 31. Sources of formation of property of a public association

The property of a public association is formed on the basis of entrance and membership fees, if their payment is provided for by the charter; voluntary contributions and donations; proceeds from lectures, exhibitions, lotteries, auctions, sports and other events held in accordance with the charter of the public association; income from business activities of a public association; civil transactions; foreign economic activity of the public association; other income not prohibited by law.
Public associations whose charters provide for participation in elections and referendums in the manner established by the legislation of the Russian Federation may accept donations in the form of money and other property for activities related to the preparation and conduct of elections only in the manner prescribed by the Federal Law "On Political Parties" "and the legislation of the Russian Federation on elections.

Article 32. Subjects of property rights in public organizations

The owners of the property are public organizations that have the rights of a legal entity. Each individual member of a public organization does not have the right of ownership to a share of property owned by the public organization.
In public organizations, the structural divisions (branches) of which operate on the basis of a single charter of these organizations, the owners of the property are public organizations as a whole. Structural divisions (branches) of these public organizations have the right to operationally manage the property assigned to them by the owners.
In public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them.

Article 33. Subjects of property rights in social movements

On behalf of social movements, the rights of the owner of property supplied to social movements, as well as created and (or) acquired by them at their own expense, are exercised by their permanent governing bodies, specified in the charters of these social movements.

Article 34. Subjects of property rights in public funds

Article 35. Property management in public institutions

Public institutions created and financed by the owner (owners) exercise the right of operational management of said property in relation to the property assigned to them.
Public institutions that are legal entities and own property with the right of operational management may be the owners of property created and (or) acquired by them through other legal means.
Public institutions receive property with the right of operational management from the founder (founders). In relation to the specified property, public institutions exercise the rights of ownership, use and disposal within the limits established by law, in accordance with their statutory purposes.
The founder (founders) - the owner (owners) of property transferred to public institutions, has the right to withdraw excess, unused or misused property and dispose of it at his own discretion.
When the ownership of property assigned to public institutions is transferred to another person, these institutions retain the right to operationally manage said property. Public institutions do not have the right to alienate or otherwise dispose of the property assigned to them and property acquired from funds allocated to them according to estimates, without the written permission of the owner.
If, in accordance with the constituent documents, public institutions are granted the right to carry out income-generating activities, then the income received from such activities and the property acquired from these incomes come to the independent disposal of public institutions and are accounted for on a separate balance sheet.
Public institutions are liable for their obligations at their disposal in cash. If they are insufficient, the owner of the relevant property bears subsidized liability for the obligations of a public institution.

Article 36. Subjects of property rights in public initiative bodies

The subjects of property rights in public amateur performance bodies are the public amateur performance bodies themselves, after which, after their state registration the rights of a legal entity are secured. Bodies of public initiative may be the owners of property created and (or) acquired by them by other legal means.

Article 37. Entrepreneurial activities of public associations

Public associations can carry out entrepreneurial activities only insofar as it serves the achievement of the statutory goals for which they were created and is consistent with these goals. Entrepreneurial activities are carried out by public associations in accordance with the Civil Code of the Russian Federation, the Federal Law "On the entry into force of part one of the Civil Code of the Russian Federation" and other legislative acts of the Russian Federation.
Public associations can create business partnerships, societies and other business organizations, as well as acquire property intended for conducting business activities. Business partnerships, societies and other business organizations created by public associations make payments to the relevant budgets in the manner and amounts established by the legislation of the Russian Federation.
Income from the business activities of public associations cannot be redistributed between members or participants of these associations and must be used only to achieve their statutory goals. Public associations are allowed to use their funds for charitable purposes, even if this is not specified in their charters.

Federal law dated March 21, 2002 N 31-FZ, amendments were made to Article 38 of this Federal Law, coming into force since July 1, 2002
See the text of the article in the previous edition

Article 38. Supervision and control over the activities of public associations

Supervision over compliance with laws by public associations is carried out by the Prosecutor's Office of the Russian Federation.
The body that makes decisions on state registration of public associations exercises control over the compliance of their activities with the statutory goals. The specified body has the right:
request the governing bodies of public associations for their administrative documents;
send their representatives to participate in events held by public associations;
If public associations identify violations of the legislation of the Russian Federation or commit actions that contradict their statutory goals, the body making decisions on state registration of public associations may issue a written warning to the governing bodies of these associations indicating the specific grounds for issuing the warning.

5.3. Ownership rights of public associations (organizations)

A warning issued by the body making decisions on state registration of public associations may be appealed by public associations in court.

Cm. Solution Collegium of the Ministry of Justice of the Russian Federation dated August 12, 1998 N 9 “On the state of control over the implementation by public and religious associations of the federal laws “On Public Associations” and “On Freedom of Conscience and Religious Associations” and measures to improve it”

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 tax legislation of the Russian Federation.

Cm. Agreement on coordination of the work of the Ministry of Justice of the Russian Federation and the Ministry of Taxes of the Russian Federation on the implementation of control functions in relation to public associations, communicated by letter Ministry of Taxes and Taxes of the Russian Federation dated December 22, 1999 N AS-6-16/1034

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

Ownership rights of public and religious associations (organizations), charitable organizations, associations of legal entities.

The range of subjects of property rights of public associations (organizations) is quite wide: these are public organizations, social movements, public funds, political parties, public institutions, and public amateur bodies. Public associations exist both in the form of simple, single-link structures and in the form of multi-link structures (trade unions, political parties, sports organizations). As noted above, in order to acquire the rights of a legal entity, a public association is subject to state registration by an authorized registration body by entering information about it into the unified state register of legal entities. The decision on state registration is made by the Ministry of Justice of the Russian Federation or its territorial body. Only public associations that have the rights of a legal entity can act as subjects of property rights. This provision is enshrined as a general rule in paragraph 4 of Art. 213 of the Civil Code of the Russian Federation and is specified in relation to public associations in Art. 3, 21, 32 of the Federal Law “On Public Associations”.

In relation to multi-level public organizations, the issue of the subject of property rights is resolved in Art. 32 of this Law, according to which in public organizations that unite territorial organizations as independent entities into a union (association), the owner of the property created and (or) acquired for use in the interests of the public organization as a whole is the union (association). Territorial organizations that are part of a union (association) as independent entities are the owners of the property belonging to them.

The grounds for acquiring ownership rights of public associations are entrance and membership fees, voluntary contributions and donations, proceeds from lectures, exhibitions, lotteries, auctions, sports and other events, from purchase and sale transactions, barter, donations, from entrepreneurial activities and other not prohibited law of sources. In particular, a ban has been imposed on donations to a political party from foreign states, legal entities and citizens, international organizations, state authorities and local governments, military organizations, law enforcement agencies and some other persons. At the same time, other forms of state support for public associations are allowed. Yes, there is a right political parties for state funding from the federal budget, carried out based on the results of the participation of political parties in elections in order to compensate for the financial costs of political parties (Articles 30, 33 of the Federal Law “On Political Parties”).

The objects of ownership of a public association can only be those types of property that are necessary for it to materially support the activities specified in its charter. These are land plots, publishing houses, media, buildings, structures, structures, housing stock, property for cultural, educational and recreational purposes, cash, securities and other property that meets the nature of the statutory objectives of the public association.

Maintenance and implementation of property rights of public associations. Public associations have the right to use the rights of the owner to own, use and dispose of property only to achieve the goals provided for by their constituent documents (Clause 4 of Article 213 of the Civil Code of the Russian Federation). Entrepreneurial activity is carried out by public associations only insofar as it serves the achievement of the statutory goals for which they were created and corresponds to these goals. Moreover, the entrepreneurial activity of non-profit organizations is recognized as the profit-generating production of goods and services that meet the goals of creating such an organization (for example, sports society provides services to the population for the repair of sports equipment), acquisition and sale of property and non-property rights, securities, other property, participation in business companies and limited partnerships as an investor 1 .

Use of property during the liquidation of a public association. Since public associations are legal entities to whose property their participants do not have property rights (clause 3 of Article 48 of the Civil Code of the Russian Federation), upon liquidation of such an organization, its property remaining after satisfying the creditors’ claims is used for the purposes in whose interests it was created and (or) for charitable purposes. If the use of property in accordance with the constituent documents of the organization is not possible, it, unless otherwise provided by law, turns into state income.

The legal regime for the property of charitable organizations is determined by the Law on Charitable Activities. Charitable organizations, being non-governmental (non-state and non-municipal), are created in the forms of public organizations (associations) and other forms provided for by federal law.

Among the sources of formation of property of charitable organizations, it is worth noting contributions from founders, charitable donations, including those of a targeted nature (charitable grants), revenues from state and local budgets, and income from legally permitted business activities. The property base of such an organization consists of property necessary for the material support of charitable activities, which may be owned by the charitable organization either in property or under another property right.

By virtue of what right the property belongs to a charitable organization depends on the legal form in which it was created. Thus, if it is formed in the form of an institution, then its property can be under its operational management and at its independent disposal; if in the form of a public organization, then on the right of ownership.

Charitable organizations have the right to use property only to achieve the goals provided for by their constituent documents, as well as for charitable activities aimed at achieving the goals provided for by the Law on Charitable Activities. A charitable organization does not have the right to spend its funds and use its property to support political parties, movements, groups and companies (clauses 4, 5 of Article 12 of the said Law).

Ownership rights of religious organizations. The legislator, taking into account the religious pluralism inherent in Russia, granted religious associations (like public associations) the right to register with the justice authorities and acquire the rights of a legal entity (religious organizations) or to function without state registration and acquisition of the rights of a legal entity (religious groups). The subjects of property rights can only be religious associations in the form of religious organizations that have the rights of a legal entity (religious society, parish, monastery, brotherhood, etc.). According to paragraph 4 of Art. 213 of the Civil Code of the Russian Federation, religious organizations (associations) recognized as legal entities are the owners of the property acquired by them. The founders of these organizations lose their rights to the property they transfer to the ownership of the religious organization.

The objects of ownership of a religious organization are the property necessary to materially support the activities specified in constituent documents such an organization. These can be buildings, objects of production, social, cultural, educational and other purposes, objects of worship, including those classified as historical and cultural monuments, and other property.

The grounds for acquiring property rights of religious organizations are: acquisition of property through civil transactions, donations from citizens, organizations, business activities and other sources not prohibited by law. An important factor in the formation of property is the active assistance of the state through the transfer of religious buildings, structures and other movable and real estate religious purposes 1. Religious organizations can use the property they have acquired only to achieve the goals provided for by their charter (clause 4 of article 213 of the Civil Code of the Russian Federation). For these purposes, they have the right to carry out entrepreneurial activities and create publishing, printing, restoration, construction and other production organizations; produce and distribute objects of worship, religious literature and other information materials with religious content. At the same time, the right of ownership of religious organizations to movable and immovable property for religious purposes enjoys special protection from the state. This property cannot be foreclosed upon by claims of creditors

POSITION

ABOUT THE PROPERTY OF A PUBLIC ORGANIZATION

"ALL-RUSSIAN SOCIETY OF MOTORISTS"

GENERAL PROVISIONS

1.1. This Regulation establishes general principles possession, use and disposal of property owned by the Company, in the operational management of its structural divisions, and owned by regional branches (organizations). Regional branches (organizations) may develop and adopt their own Regulations on the property of regional branches (organizations) that do not contradict these Regulations.

1.2. The Company's property includes all property for the acquisition or creation of which funds from the Company or its structural divisions were used.

1.3. The powers of the owner on behalf of the Company are exercised by the Central Council of the Company. The interests of the owner are represented by the Chairman of the Company, acting on the basis of the Charter of the Company, within the established powers in accordance with these Regulations.

1.4. Accounting for the Company's property, registration and state registration of ownership rights to the Company's real estate is carried out by the regular executive apparatus of the Central Council of the Company, including through the regular executive apparatus of the Councils of branches (organizations) of the Company.

2. SOURCES OF FORMATION OF THE COMPANY’S PROPERTY

2.1. The property of the Society, its regional branches (organizations) is formed on the basis of entrance, membership and other fees of members of the Society, voluntary contributions, gifts and donations from individuals and legal entities (including foreign ones), proceeds from activities to attract resources and carried out in accordance with the Charter events, income from entrepreneurial and foreign economic activities, as well as from part of the profits of all business entities and other created by the Company (regional or local branches (organizations) of the Company) economic organizations, income from publishing activities, civil transactions in accordance with current legislation, and other receipts not prohibited by law.

2.2. Sources of formation and growth of the Company’s property, including those at the disposal of regional (local) branches (organizations), institutions with the right of operational management:

Entry and membership fees for members of the Society;

Things (real and movable) acquired or created by the Company, as well as by a department (organization), institution at the expense of income from the use of property under operational management;

Things (real and movable) acquired or created by the Company, as well as by a department (organization) on other grounds established by current legislation for the acquisition of ownership rights.

2.3. Sources of formation of property at the disposal of the Company:

Deductions from regional branches (organizations) for the implementation of statutory goals and objectives from the amounts of income in monetary terms received from all types of activities of regional and local branches (organizations);

Contributions to the SAI Development Trust Fund;

Income from entrepreneurial and foreign economic activities, income from publishing activities, profit of all business entities and other business organizations created by the Company;

Conducting civil transactions in accordance with current legislation (sale and purchase agreements, exchange, pledge, receipt of property in accordance with wills, etc.)

Transfer of property of regional (local) branches (organizations) or institutions of the Company in the event of their liquidation (reorganization);

Acquisition of property by prescription of possession (acquisitive prescription);

Creation of property (including under a contract for the needs of the Company) at the expense of funds and other property of the Company;

Other receipts not prohibited by law.

2.4. Transactions aimed at acquiring property by the Company are carried out by the Central Council, by the Charter and these Regulations.

3. O FOUNDATIONS AND PROCEDURE FOR REMOVING PROPERTY FROM THE DISPOSAL OF THE COMPANY.

3.1. Property removed from the disposal of the Company is alienated by the Company in accordance with current legislation, the Charter and these Regulations.

The authorized bodies of the Company have the right to dispose of property only to the extent that does not deprive the Company of the opportunity to carry out activities, the subject and goals of which are determined by the Charter.

Regional branches (organizations) have the right to alienate real estate owned by these branches (organizations) only in agreement with the Central Council of the Society (or on its instructions - the Presidium of the Central Council of the Society).

3.2. The decision to carry out transactions with property leading to its disposal is made by the Chairman of the Company on the basis of decisions of the governing bodies of the department (organization) with the conclusion (economic justification) and (or) proposals of the departments of the regular executive apparatus of the Central Council of the Company.

3.3. The decision to carry out transactions with property leading to its disposal, if the value of this property exceeds the limits of independent disposal of property and funds of the Company by its Chairman, established in accordance with clause 6.12.7.(5) of the Charter of the Company, is made by the Central Council .

3.4. Property transferred by the Company to operational management is accounted for by departments of the regular executive apparatus of the Central Council of the Company without being reflected on its balance sheet accounts.

3.5. Property that has fallen into disrepair, obsolete and unsuitable for further use, the restoration of which is impossible or economically impractical and which cannot be sold, as well as property lost as a result of the termination of an obligation as a result of the impossibility of its fulfillment by the debtor, are subject to write-off on the basis of an order according to To the society about the write-off of property. The order to write off property is issued by the Chairman of the Company. One copy of the order and one copy of the acts are transferred to the accounting department to process the write-off of fixed assets.

4. PROPERTY ASSIGNED BY THE RIGHT OF OPERATIONAL MANAGEMENT TO REGIONAL (LOCAL) BRANCHES (ORGANIZATIONS) AND INSTITUTIONS.

4.1. The Company independently makes decisions about who will manage the property it owns, guided by the interests of efficient operation of the property, maximum satisfaction of the needs of the Company and its other interests.

4.2. Branches (organizations) of the Company operate on the basis of a single Charter of the Society and have the right to operationally manage the property assigned to them by the Society, on behalf of which the powers are exercised by the Central Council. The Company's property may be transferred for operational management to an institution created by the Company or its department (organization).

4.3. Grounds for the emergence of the right of operational management at a regional (local) branch (organization):

The decision of the governing bodies of the Company on the procedure for management, distribution, transfer, and consolidation of the Company’s property, adopted within the limits of their competence;

An act of acceptance and transfer (assignment) of property to operational management, or an agreement on the transfer (assignment) of property to operational management, signed by the Chairman of the Company or his authorized person (Representative) and the Chairman of the department (organization);

Resolution of the Central Council (Presidium of the Central Council), order (instruction) of the Chairman of the Company on assigning property to the right of operational management, in the event that the actual transfer of property is not required (the property is already on the balance sheet of the structural unit). In this case, an agreement on the transfer (assignment) of property to operational management can also be drawn up.

4.4. Grounds for the emergence of the right of operational management of a non-profit (public) institution created by the Company:

Resolution of the authorized body of the Company on the creation of an institution (in this case, an agreement is concluded on the transfer (assignment) of property to operational management);

Agreement on the transfer (assignment) of property to operational management (to an existing institution).

4.5. The transfer of real estate to operational management is subject to state registration in the manner prescribed by law at the expense of the departments (organizations) and institutions that accepted the property for operational management.

4.6. Ownership, use and disposal of property assigned to the right of operational management are carried out by structural divisions of the Company on the basis of accountability to a higher structural division of the Company, in accordance with the goals of their activities, the tasks of the owner and the purpose of the property.

A department (organization) has the right to dispose of the property belonging to it, including with the consent of the Central Council, only to the extent that does not deprive it of the opportunity to carry out activities, the subject and goals of which are determined by the Charter of the Society.

4.7. The right to exercise control over the effective use of property by local branches (organizations) in accordance with its intended purpose belongs to the regional branch (organization), which includes these local branches (organizations).

4.8. Ownership and use of property assigned to the right of operational management is carried out by the institution in accordance with the Charter and (or) an agreement on the transfer (assignment) of property to operational management, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property. An institution does not have the right to alienate or otherwise dispose of the property assigned to it and property acquired from funds allocated to it according to estimates or from income from the use of property under operational management.

4.9. Property held by a branch (organization) of the Company or institution with the right of operational management is reflected on its balance sheet.

A department (organization) or institution independently pays tax on property transferred to operational management and bears all obligations associated with its use and disposal. If buildings and structures are transferred to the operational management of a department (organization) of the Company or institution, then the department (organization) or institution of the Company, in accordance with the established procedure, independently draws up land allotment documents for the land plot on which these buildings and structures are located. In this case, the department (organization) or institution independently pays the land tax (rent) at the rates established by the relevant regulations.

4.10. Property assigned to a department (organization) or institution under operational management is subject to reproduction in accordance with established depreciation rates.

4.11. In the event of liquidation of a branch (organization) of the Company, an institution as a legal entity, its movable and immovable property, owned by the right of operational management, is returned to the Company. Other property is sold to satisfy obligations to creditors, as well as to fulfill contractual and other legal claims of legal entities and individuals. The property remaining after satisfaction of the legal claims of creditors also becomes the property of the Company.

4.12. The Company, as the owner of property assigned to departments (organizations) and institutions, has the right to withdraw excess, unused or improperly used property and dispose of it at its own discretion. The right to operational management of property terminates from the moment of adoption of the resolution of the Central Council or order (instruction) of the Chairman of the Company (which is subsequently approved by the Central Council) on the seizure of property. User and authorized body(Representative) Companies are obliged, on the basis of the accepted documents, to draw up an act of acceptance and transfer of property to the owner or another entity determined by the owner within 30 days.

5. MANAGEMENT OF PROPERTY ASSIGNED BY THE RIGHT OF OPERATIONAL MANAGEMENT TO REGIONAL (LOCAL) DEPARTMENTS (ORGANIZATIONS) OF THE COMPANY.

5.1. The Company grants the regional branch (organization), as well as the local branch (organization) having the status of a legal entity, the following rights and powers to carry out the duties assigned to it for the operational management of the property transferred to it:

Use the income received as a result of the use of property transferred to operational management for the maintenance and operation of the property, acquire the materials and property necessary for this, conclude agreements with individuals and legal entities in the prescribed manner, involve specialists, experts, and consultants in the work;

Funds received as a result of the use of property transferred to operational management, remaining after covering the costs of its maintenance, should be used to finance the statutory activities of the department (organization);

Independently manage movable property transferred to operational management in accordance with the goals of its activities and the purpose of the property, make various transactions with it, including those aimed at alienating this property;

Exercise other rights and powers for the operational management of property that do not contradict current legislation, the Charter and these Regulations.

5.2. When carrying out operational management of property, the department (organization) of the Company is assigned the following responsibilities:

Conscientiously carry out operational management of the transferred property, ensure its safety and effective use;

Ensure the targeted and effective use of income received as a result of the use of property transferred to operational management;

Carry out state registration of the right of operational management of real estate for the department (organization) and the right of ownership of the said property for the Company at its own expense;

Ensure the implementation of orders, instructions, instructions, instructions and other administrative documents bodies of the Company as well as plans for organizational and other measures approved by the Central Council insofar as they relate to the management of property transferred to operational management;

Pay the necessary taxes and fees, fulfill other legally established obligations related to the use of property;

Prepare statistical, accounting and other established reporting, as well as information on the results of its financial activities, in the established forms and submit to the higher Council, to the competent state bodies, to the departments of the regular executive apparatus of the Central Council of the Company;

Ensure compliance of the technical condition of the property with rules, standards, technical regulations and other regulatory documents, take measures to improve the technical and operational condition of this property;

Organize the planning and implementation of work on reconstruction, repair and maintenance of property, attracting contractors for these purposes in the prescribed manner, organizing the financing of these works, monitoring their timely implementation and the quality of repair work;

Provide, in accordance with the established procedure, information on the progress of work on maintenance, repair, reconstruction of real estate transferred to operational management.

5.3. The Company, in relation to property transferred to operational management, has the right:

Monitor the performance of the department (organization) of the functions assigned to it in accordance with these Regulations;

Cancel decisions of the Council of a regional (local) branch (organization) adopted on issues related to the operational management of property that contradict the provisions of legislative and other regulatory legal acts of the federal authorities of the Russian Federation, rules, standards, technical norms and others regulatory documents adopted by the federal executive authorities of the Russian Federation within the limits of their competence, as well as the Charter and other internal regulations of the Company;

Issue orders and give instructions on issues related to the use of property transferred to operational management;

Issue to the department (organization) a plan - an assignment for the implementation of work on construction, reconstruction, repair and maintenance of property transferred to operational management;

Independently or through bodies or organizations authorized by him to carry out an inspection of the activities of the department (organization) insofar as it relates to the operational management of property.

5.4. The regional branch (organization), in relation to the property transferred by the Company for operational management to the local branch (organization), has the right:

Monitor the performance of the local department (organization) of the functions assigned to it in accordance with these Regulations;

Cancel decisions of the Council of the local branch (organization) adopted on issues related to the operational management of property that contradict the provisions of legislative and other regulatory legal acts of the federal authorities of the Russian Federation, rules, standards, technical norms and other regulatory documents adopted by the federal executive authorities of the Russian Federation Federations within the limits of their competence, as well as the Charter and other internal acts of the Society;

Give, within the limits of competence, orders and instructions on issues related to the use of property transferred to operational management;

Independently or through bodies or organizations authorized by him to carry out inspections of the activities of the local branch (organization) insofar as they relate to the operational management of property;

5.5. A department (organization) does not have the right to alienate real estate owned by it with the right of operational management, lease it for a period of more than a year, pledge it, or make a contribution to the authorized (share) capital of business companies without the consent of the Central Council of the Society.

5.6. If it is necessary to dispose of real estate transferred by the Company to operational management, the department (organization) sends a written application addressed to the Chairman of the Company, in which it informs of its intention to make a transaction for the alienation of real estate or to otherwise dispose of the real estate assigned to it.

Attached to the letter are: a conclusion (economic justification) of a structural unit of the Company, title documents, accounting data on the balance sheet, stopping value, etc., data on the market value of the property.

5.7. After checking the submitted documents, the executor appointed by the Chairman of the Company, together with a representative of the structural unit of the Company, can go on site to check the actual condition of the facility, the compliance of the data in the accounting acts with the indicators at the facility. Based on the materials received, the Chairman (Central Council) of the Company, within the limits of its competence, makes a decision on consent to the transaction or on refusal to give consent to the disposal of real estate. ABOUT the decision taken is communicated to the applicant.

5.8. In a decision on consent to a transaction with real estate by a department (organization) of the Company, the price of the transaction and the procedure for distributing income from its sale between the Company and the department (organization) may be determined. If the transaction price is not determined, then the alienation of real estate, as well as its transfer for rent, is carried out in the following forms:

On an auction basis;

An auction or competition is held by a department (organization) in the manner prescribed by current legislation.

5.9. Real estate that has fallen into disrepair, the restoration of which is impossible or economically impractical and which cannot be sold, is subject to write-off in the following order:

The department (organization) submits a written application addressed to the Chairman of the Company to write off fixed assets.

Attached to the letter:

Shares (shares) in the authorized capitals of business companies, organizations formed as a result of making, in accordance with current legislation, both the Company’s property and the rights to use this property as a contribution to the authorized funds.

6.2. The Company carries out its activities in the management bodies of business partnerships, societies and other business organizations (hereinafter referred to as companies) through its Representatives:

Employees of the full-time executive apparatus of Councils at all levels (in accordance with their functional responsibilities);

Legal entities of various organizational and legal forms, as well as citizens of the Russian Federation on the basis of agreements to represent the interests of the Company, concluded in accordance with civil law.

6.3. The competence of the Central Council of the Company for the management of shares, interests (participants) in the authorized capital of organizations:

Makes decisions on the purchase of shares, blocks of shares, and their early sale;

Approves cost estimates for the purchase of shares of joint-stock companies (stakes in the authorized capital);

Determines the direction of spending funds received in the form of income from the use of blocks of shares, interests (shares) in the authorized capital of business companies;

Hears a report on economic efficiency and the feasibility of owning shares (shares), blocks of shares;

Exercises other powers in accordance with current legislation, the Charter, and decisions of the Company’s bodies.

6.4. Competence of the Chairman of the Company for the management of shares, interests (shares) in the authorized capital of organizations:

Makes a decision on the transfer of blocks of shares, shares (participants) to trust management;

Appoints and recalls Representatives;

Concludes an agreement for the representation of interests with the Company Representative, if the latter is a legal entity;

Issues a power of attorney to the Representative;

Receives reports from Representatives of the Company on its activities;

Controls the payment joint stock companies, other business companies dividends on shares, shares (shares) owned by the Company;

Carry out the sale and purchase of shares, shares within the limits of independent disposal of property and funds of the Company, established by the Central Council of the Company.

7. TRANSFER OF PROPERTY OBJECTS FOR RENT.

7.1. Lease of property, including real estate, is carried out by the Chairman of the Company or, on his instructions, by a representative of the structural divisions of the Company.

7.2. Lease of the Company's property is carried out in the following forms:

On an auction basis;

Through a commercial competition;

Lease for a period of up to one year or for a longer period by agreement with the Central Council.

7.3. Based on the results of an auction, competition, or in accordance with the decision on the lease, a lease agreement is concluded, which is the main document regulating the relationship between the landlord and the tenant.

7.4. To draw up a lease agreement, the following documents or certified copies must be submitted:

Certificates of state registration.

Entrepreneurs present a certificate of state registration and tax registration.

7.5. When prolonging a lease agreement, tenants provide, in addition to the above documents, information on the proper fulfillment of the terms of the agreement.

7.6. When transferring a premises, building or structure to a specific address, as well as when extending the validity of a previously concluded agreement, a certified copy of the technical passport is attached to the listed documents.

7.7. If a real estate lease agreement is concluded for a period of 1 year or more, it is subject to state registration with the justice institution for state registration of rights to real estate and transactions with it. The obligation to pay the fee for registering the lease agreement rests with the tenant.

8. ALIENSION OF THE COMPANY’S PROPERTY.

8.1. Transactions with the Company's property (purchase and sale agreement, exchange, pledge) on behalf of the Society within the limits established by the Central Council, or on its instructions - by the Presidium of the Central Council, are carried out by the Chairman of the Society. When carrying out transactions aimed at alienating property, the Chairman must act in the interests of the Company in good faith and reasonably.

The Chairman of the Company has the right to issue a power of attorney to a representative of the department (organization) on whose territory the specified property is located. The decision (order, instruction) of the Chairman of the Company on the alienation of real estate is approved at the next Plenum of the Central Council. The decision (order, order) of the Chairman of the Company on the alienation of real estate must indicate for what purposes and in what amount the proceeds from the sale of property should be used, including for the restoration of the Company's fixed assets.

8.2. The sale of the Company's real estate can be carried out in the same way:

On an auction basis;

Through a commercial competition.

An auction or competition is held in the manner prescribed by current legislation.

8.3. A mandatory annex to the contract for the purchase and sale of real estate (exchange, pledge) is a report on the market value of this property, drawn up in accordance with the Federal Law “On Valuation Activities in the Russian Federation” (including internal valuation).

8.4. Entering real estate into authorized capital business entities, the creation of institutions and funds on its basis is not allowed. Mandatory annex to the decision on the inclusion of movable property in the authorized capital economic society or fund is a report on the market value of this property.

9. TRANSITIONAL PROVISIONS.

9.1 Regional branches (organizations), for the purpose of determining the composition, shares and securing rights to property on their balance sheet, submit to the Central Council a list of property in use as of December 31, 2005, compiled on the basis of an inventory of property.

9.2. The list is approved by the Chairman of the department (organization), who is personally responsible for the accuracy of the information provided. An inventory report is attached to the list.

9.3. The list of property subject to inventory includes all property held by regional branches (organizations), regardless of its location, including property held by local branches (organizations) that are part of these regional branches (organizations), property transferred by the branch ( organization) other legal entities and citizens (for rent, operational management, use and for other reasons).

9.4. The inventory is subject to:

Real estate, structures;

Land plots used by a department (organization) on the right of permanent (perpetual) use, lease, etc., indicating the property located on them (per object);

Vehicles, machinery and equipment;

Financial assets.

9.5. The inventory report includes the following information:

For buildings and structures - purpose, main materials from which they are built, volume (according to external or internal measurements), area (total usable area), number of floors (excluding basements, semi-basements, etc.), year of construction, etc. , availability of documents confirming the location of the specified objects in the property of the Company (organization, branch), their details;

For land plots - category of land, purpose, area, availability of documents confirming the rights to the land plot, their details, use of the land plot, property located on the land plot (asphalt pavement, fencing, structures, communications, etc.);

For vehicles, machines and equipment - factory inventory number according to the technical passport of the manufacturer, year of manufacture, purpose, power, etc.

9.6. To determine the owner of the property, the department (organization) and the Company, in which the property of the Company and the property of the regional department (organization) are distinguished in the following order: the regional department (organization) submits a list of objects owned by the regional department (organization) with the following documents attached for the objects real estate and buildings: technical certificate object, copies of title documents (certificate of ownership, act of acceptance and transfer, act of acceptance into operation, contracts, etc.), documents for the land plot on which the property is located, documents confirming the creation or acquisition of an object on own funds departments (organizations).

The Presidium of the Central Council, after receiving the specified documents, is obliged to consider them, if necessary, agree on changes and sign a separation act or an act of consolidation, or accept a reasoned refusal if there are no grounds for the regional branch (organization) to acquire ownership rights to the property indicated by it. If, during the verification of the submitted documents, it is established that the Company’s funds were partially used for the acquisition or creation of property of a regional branch (organization), then the registration of the property is carried out taking into account the allocation of shares or compensation payments to the Trust Fund for replenishment of the Company’s property.

9.7. Property owned by the Company as of January 1, 2006, the ownership of which will not be assigned to regional branches (organizations) until July 1, 2008, is the property of the Company as a whole.