Many organizational structures are engaged in activities aimed at helping those in need, creating benefits for people, improving the moral qualities of citizens, and the standard of living of the population. Given the fact that these tasks are in tune with state priorities in the development of the social sphere, it is logical that the country's leadership has the right to promote socially oriented non-profit organizations. In order to enlist the support of the authorities, it is necessary to know what structures can apply for this status, what kind of classes fall under the federal law, and what kind of help such a society can count on.
Legal basis
There is an act in the legislative framework that ensures the right to state support to socially oriented non-profit organizations. Its provision is regulated by the Federal Law "On Non-Profit Organizations" (dated January 12, 1996 N 7-ФЗ). It also determines which structures are recognized by non-profit organizations, in what forms they can act, the rules for their creation, liquidation and reorganization, list the main activities and indicate which of these companies are considered socially oriented, in what ways and in which cases they are provided with state support. In addition, the document contains information about the rules of maintaining the register of socially oriented non-profit organizations, the powers of the governing bodies in deciding on the support of these companies are described.
About the essence of the concept
In order to determine which formations fall under the status of “socially oriented commercial organizations”, you must first turn to the concept of “non-profit organizations” and find out what these structures are. So, we are talking about companies whose income is not a priority area of activity, and the profits are not shared among the participants in education.
Voluntary Partnership Objectives
Similar groups are formed to perform the following tasks:
- charity activities (assistance to orphanages, large families, disabled people);
- development of scientific, cultural and educational spheres of the life of the people;
- carrying out events with the aim of healing various groups of society;
- satisfaction of the spiritual needs of the population;
- protection of human rights in accordance with the legislation of the Russian Federation;
- legal assistance to ordinary citizens, aiding in resolving disputes, etc.
Any such organization with the aim of creation may have another type of activity, but it must necessarily be aimed at creating social benefits for the people.
Rights and obligations of associations
Organizations that are not focused on financial gain, officially receive their status after registration in accordance with the rules of the procedure in the manner prescribed by law. They have some values or objects in their property (or in management) and, according to their obligations, are responsible for it, can exercise property rights, file lawsuits and be a defendant in the process. They are given a name, in the composition of which the legal form of the company and the type of its activity are indicated.Without fail, such a structure should have a balance (estimate). As a rule, a non-profit organization is created for an unlimited period. An exception is possible if a specific period of activity is indicated in the constituent documents. Such communities have the right to open accounts in bank institutions on the territory of the Russian Federation and abroad, and is deprived of such an opportunity only in cases contrary to the legislation of the country.
The management of the company starts a seal in which the name of the company is (fully) in the native (Russian) language. At the request of the board, the company may issue forms with its name and use the company stamp. If necessary, you can create your own logo.
Which organizations are considered socially oriented?
In Russia, a fairly large number of companies are registered that are not aimed at making a profit. But the status of a socially oriented non-profit organization may not be assigned to all of them. There are 2 criteria by which a company acquires this "title": the form of its organization and the type of activity prescribed in the constituent documents.
Prerequisite
The legal act states that state support is provided to those formations, the form of organization of which is one of those that are prescribed in the above law:
"Non-profit organizations may be created in the form of public or religious organizations (associations), communities of indigenous peoples of the Russian Federation, Cossack societies, non-profit partnerships, institutions, autonomous non-profit organizations, social, charitable and other foundations, associations and unions, as well as in other forms stipulated by federal laws (Article 2, Clause 3 (with the exception of state corporations, state companies, public associations that are political parties) (Art. 2. Clause 2.1.);
Areas of work
The second criterion is the type of company activity. A society can be considered socially oriented if the priority in its functioning is:
- supporting citizens and protecting their interests in the social sphere;
- work with the population in preparation for the elimination of the consequences of any disasters (man-made, environmental), natural disasters, accidents, as well as helping people who survive the listed events;
- assistance to those in need: refugees, displaced persons, participants in all kinds of conflicts (social, religious ...);
- conservation of nature and animals;
- protection of structures of historical, cultural significance, various burial sites;
- legal assistance to the population (counseling, education) aimed at protecting the legal rights of residents;
- sponsorship, patronage;
- prevention of the manifestation of asocial forms of human behavior;
- assistance to orphanages;
- activities aimed at saving social benefits in the field of culture, education, sports, health protection, etc., assistance in the development of these areas, work to improve the spiritual condition of citizens.
The authorities that contribute to the definition of a community as a socially oriented organization can recognize other types of activities, but at the same time they must contribute to solving social problems and improving the life of the population.
Nonprofit Support
If an organization gains the above status and acts for the good of society, as indicated in its constituent documents, it can count on state support. The forms of assistance provided by the authorities may vary. It:
- transferring funds to socially oriented non-profit organizations for social services for the population, providing the necessary information, transferring to use property that is on the balance sheet of state structures, conducting consultations, preparing employees for work, as well as people willing to voluntarily provide their services to companies, and also their training, professional development and professionalism;
- simplification of payment of taxes and various types of fees (in accordance with the procedure prescribed by law);
- placing orders for these companies to perform work for government agencies, providing goods and services;
- granting the right to participate socially oriented non-profit organizations in procurement;
- interaction with legal entities that provide legal assistance to these companies (most often this is the provision of benefits when they pay taxes).
Other forms of aiding
Depending on the regulatory framework of the region, its financial fund, the activities of socially oriented non-profit organizations can be supported by allocating funds from the budget. The issuance of money to companies is made out in the form of subsidies. This financial assistance is aimed at assisting the company in providing various services to the public. Spending is verified by the responsible authorities.
Also, property that is listed on the balance sheet of municipal bodies or state authorities is transferred to such companies for use. At the same time, strict use is being made of its use, since the law on socially oriented non-profit organizations states that all provided facilities should be used only for their intended purpose.
It should be noted that government bodies contribute not only to this group of organizations, but also to ordinary non-profit organizations (in the form of economic assistance). But always socially oriented societies are a priority when considering this issue.
Governing Body Capabilities
In order to keep a record of all formations supported by the state, determine the types of assistance, control the issuance of subsidies and transfer of property, a register of socially oriented non-profit organizations is maintained. The law clearly outlines the procedure for maintaining the list, as well as the powers of bodies providing assistance to these structures. In particular, they are given the right to develop federal programs to support these societies, implement them, and also assist in the implementation of the tasks of regional programs. As mentioned above, this happens through the issuance of subsidies for the competitive financing of various projects that are involved in socially oriented non-profit organizations, as well as through the provision of infrastructural, methodological and information support.
At the same time, state authorities are vested with the right to participate in the development of regional and inter-municipal programs aimed at promoting non-profit societies. They can deal with their implementation. When forming assistance plans for these structures, the cultural, economic, social features of the region are taken into account.
List of Nonprofit Companies
According to the procedure prescribed by law, executive authorities at different levels maintain a register of socially oriented non-profit organizations that have received assistance from the state. The lists indicate comprehensive information about each structure to ensure order and control over the types of assistance. Each set of information on such a formation contains the following data:
- Name (necessarily complete, as in the constituent documents), organization address, state registration number of the state registration record.
- Taxpayer identification code.
- Information on the type of organization the assistance was provided from the state (form of support and its size).
- The term for which assistance is intended.
- Name of the executive bodies with which support was provided.
- Date of decision by authorities to provide or terminate assistance.
- Data on what types of activities the formation is engaged in.
- Information on violations committed by socially oriented non-profit organizations, especially in relation to the targeted use of assistance (funds and property provided).
It should be noted that these companies are included in this list only after a recorded fact of receiving financial assistance (subsidies).
All information about socially oriented non-profit organizations presented in the registers is available to all who wish to get acquainted with them.
Governing body
The Government of Russia authorized the Ministry of Economic Development of the Russian Federation to decide on the provision of state support to social organizations, gave it the right to work on this area of state policy and engage in legal regulation in this area, namely: make decisions governing the procedure for maintaining the register of companies and storing documents submitted by them , as well as develop requirements regarding the means of ensuring the use of such lists (Decree of 16.04. 2011 No. 276).
How to get help
To do this, the management of a socially oriented non-profit organization needs to make a request to the executive bodies about what normative acts have been adopted to support such companies, and then, on the basis of these documents, use the right to receive state assistance.
The government is always working on improving the quality of life of the population. That is why it contributes to the development of socially oriented non-profit organizations. In order to obtain support from the authorities or local self-government, any formation must have a bright goal, know its rights and act for the good of society. And then financial, property and information assistance will be easily accessible to the company.