Perhaps not everyone knows about this, but the constitution of the Russian Federation allows citizens to voluntarily unite in various organizations. One of the current forms that is actively used in Russia is a public institution.
Features of such organizations
If we are talking about an institution that can be defined as a public one, then it means an association that does not have a membership and was created with the aim of providing a specific type of service. Whatever services are identified as a key activity of a public organization, they must meet both its charter and the basic interests of the association's members.
A public institution is a type of organization that, unlike other similar structures, has the duality of governing bodies. If you carefully study the charter, you can find out that the management of both the institution itself and its property can be carried out by specific individuals, which are determined by the founders. Nevertheless, along with this charter also allows you to use as a manager a collegial body, which is formed by decision of participants who are not consumers and founders of the organization. Such a body has an advisory vote with the founders, is able to determine the direction of the public institution as a whole, but does not have the ability to dispose of the organization’s property.
How things are with the property
A public institution, regardless of the specifics of the activity, inevitably implies the management of material resources. Initially, such organizations can receive property from the founders as operational management.
In relation to the transferred resources, use, disposal and ownership may be exercised within the framework determined by civil law and the organization’s own statutory goals.
It should be understood that the founders are the owners of the property assigned to the institution. This means that they have every right to seize unused, used for other purposes and just superfluous funds of the structure.
It is also important to understand that a public institution is a non-profit organization that is responsible for previously accepted obligations with the finances at its disposal. If the available funds are insufficient, carry subsidiary liability will already be the owner of the institution.
Registration process
Obviously, state registration is required to start a public institution. This principle is valid for all non-profit organizations. As for the state agency that will deal with this process, it is the Ministry of Justice and the Federal Tax Service.
To register, you must initially submit the entire package of documents to the Ministry of Justice, and only after making the appropriate decision does it make sense to contact the tax office. Having considered the decision, the Federal Tax Service will record all the necessary data about the registered organization in the Unified State Register of Legal Entities. Here, in fact, is the whole algorithm of actions.
Actual documents
It is important to pay attention also to the list of documents without which a public institution in Russia will not be able to go through the decision-making stage of the Ministry of Justice, and therefore the registration process as a whole.
These are the following papers:
- charter of a public institution (3 copies);
- a statement drawn up in accordance with the law;
- document confirming the payment of state duty;
- an official decision of the founders of the organization on the creation of a public institution, the approval of its charter, as well as on the formation of control and audit and governing bodies;
- information regarding the governing body of the OS.
If you submit all of the above documents to the Ministry of Justice, then a public institution will go through the entire registration procedure without much difficulty.
In some cases, for the quick and competent organization of this process, it makes sense to use the services of qualified lawyers.
Charter
Initially, it should be understood that any public organization should have clearly defined principles of activity, management and clearly defined lines of responsibility. A public institution is no exception. The charter of such a structure is a document in which, first of all, information is recorded about the purpose for which a particular organization was created and what legal status it has.
The following is a description of the structure of the organization. This may be information about the various departments, the form of their organization and tasks. Then, the specific goals of the institution as a whole are described in detail, and this is done in as much detail as possible. After reading this section, all objectives of the organization should be clear.
In the following paragraphs it is necessary to explain what obligations a public institution undertakes and what rights (opportunities) it has to achieve certain early goals.
After this part of the charter, it makes sense to pay attention to information about the governing bodies, members of the organization and the founders themselves. Here it is necessary to describe in detail the conditions for joining the structure, the duties and rights of its members, as well as the degree of competence of the governing bodies.
As a conclusion, it is necessary to determine the conditions and order of such processes as reorganization and liquidation. It will not be superfluous to also reflect in the charter information on under what conditions changes and amendments can be made.
What rights are provided by the OS
This topic should be considered separately, since for an organization such as a public institution, rights and obligations play a decisive role in the process of forming an activity strategy.
So here is what the opamp can afford:
- to use the powers provided by the laws on public associations, and to do so in full;
- disseminate information on the activities of the organization in various ways;
- how to protect and represent legitimate interests as well as the rights of members of the structure in public associations, government bodies, as well as local government;
- to acquire property for full-fledged entrepreneurial activity;
- make various proposals to state authorities and formally take initiatives related to public life in a particular region;
- engage in entrepreneurial activity, since it is necessary to achieve the goals of the organization noted in the charter;
- acquire property necessary for the full conduct of the selected activity;
- create their own organizations, branches and branches, as well as representative offices in other countries;
- Shelter has legal capabilities to maintain international relations and contacts.
Duties
First of all, the institution must comply with the legislation of the Russian Federation and international law that are relevant to its activities. In addition, the following items can be attributed to the responsibilities of the OS:
- provide the body that made the decision to register the organization with all the necessary reports, as well as decisions of all officials and governing bodies;
- to allow representatives of the above-mentioned body to events of the organization, annually inform about the continuation of activities, as well as provide assistance in familiarizing with its various facets;
- every year publish a report on how the property of the organization was used, and this document should be accessible.
Well, of course, a public institution must adhere to obligations as part of its key activities.
Conclusion
A feature of a public institution is the fact that it is created specifically for commercial activities and does not have a membership.
This format of public organization is good because it allows you to easily scale activities both within the country and abroad.
