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Indigenous Minority Communities are examples. How to create a community of small peoples of the North. non-profit organizations, Communities kmn rf

Federal Law No. 104-FZ of July 20, 2000
"On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation"

With changes and additions from:

This Federal Law establishes the general principles for the organization and activities of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, created in order to protect the original habitat, traditional way of life, rights and legitimate interests of these indigenous peoples, and also determines the legal basis for the community form self-government and state guarantees for its implementation.

President of Russian Federation

Moscow Kremlin

The law regulates relations in the field of organization, activity, reorganization and liquidation of communities of small peoples created in order to protect the original habitat, traditional way of life, rights and legitimate interests of these indigenous peoples. The legal foundations of the communal form of self-government and state guarantees for its implementation are determined. The Law applies to all communities of indigenous peoples, including those created before its entry into force, as well as to unions (associations) of communities of indigenous peoples.

State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments can provide assistance to communities of small peoples and their unions (associations) in the form of tax benefits and benefits, targeted funding, targeted training of personnel in professions necessary for communities of small peoples, etc. In places of compact residence of small-numbered peoples, local self-government bodies, at the proposal of communities of small-numbered peoples or their unions (associations), may vest them with separate powers of local self-government bodies.

Issues affecting the interests of communities of small peoples are resolved by state authorities of the subjects of the Russian Federation and local governments, taking into account the opinions of communities of small peoples. At the same time, state authorities and local self-government bodies are not entitled to interfere in the activities of communities of small peoples or their unions (associations), except as otherwise provided by law.

Approved by the Federation Council

Article 1. Basic concepts

The following concepts are used in this Federal Law:

Indigenous peoples of the North, Siberia and the Far East of the Russian Federation (hereinafter referred to as small peoples) - peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving the traditional way of life, economic management and crafts, numbering less than 50 thousand people and those who recognize themselves as independent ethnic communities;

representatives of other ethnic communities - representatives of ethnic communities who do not belong to small peoples, but permanently residing in the areas of residence of these peoples and carrying out the traditional management of small peoples;

communities of small-numbered peoples - forms of self-organization of persons belonging to small-numbered peoples and united by consanguinity (family, clan) and (or) territorial-neighborly characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, management, crafts and culture;

family (tribal) communities of small peoples - forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts;

territorial-neighboring communities of small peoples - forms of self-organization of persons belonging to small peoples, permanently residing (compactly and (or) dispersed) in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts;

unions (associations) of communities of small peoples - interregional, regional and local associations of communities of small peoples.

Article 2. Relations regulated by this Federal Law

This Federal Law regulates relations in the field of organization, activities, reorganization and liquidation of communities of small peoples.

Article 3. Scope of this Federal Law

This Federal Law shall apply to all communities of indigenous peoples, including those created before its entry into force, as well as to unions (associations) of communities of indigenous peoples.

Article 4. Legislation of the Russian Federation on communities of small peoples

1. The legislation of the Russian Federation on communities of small peoples consists of the Constitution of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

2. Decisions on issues of the internal organization of a community of small peoples and relationships between its members may be made on the basis of the traditions and customs of small peoples that do not contradict federal legislation and the legislation of the constituent entities of the Russian Federation and do not harm the interests of other ethnic groups and citizens.

Article 5. Principles of organization and activities of communities of small peoples

The organization and activities of communities of small peoples are based on the following principles:

equality of communities of small peoples before the law, regardless of the types of their activities and the number of members of the community of small peoples;

voluntariness, equality, self-government and legality;

freedom to determine their internal structure, forms and methods of their activities;

publicity.

The activities of the communities are non-commercial in nature.

Article 6

The organization and activities of communities of small peoples for other purposes, except for the purposes designated by this Federal Law, the laws of the constituent entities of the Russian Federation, and the constituent documents of the corresponding community of small peoples, are prohibited.

Article 7

1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments, in order to protect the original habitat and traditional way of life, the rights and legitimate interests of small peoples, may provide assistance to communities of small peoples, unions (associations) of communities of small peoples in form:

providing tax incentives and benefits;

target financing of regional and local programs for the preservation and development of traditional lifestyles, economic activities and crafts of small peoples;

conclusion with communities of small peoples, unions (associations) of communities of small peoples of contracts for the performance of work and the provision of services;

targeted training of personnel in professions necessary for communities of small peoples, unions (associations) of communities of small peoples for self-government and traditional management of small peoples;

free consulting assistance on issues of traditional management of small peoples;

providing on a competitive basis a social order for the development and implementation of regional and local programs of socio-economic assistance to communities of small peoples.

In places of compact residence of small-numbered peoples, local governments, at the proposal of communities of small-numbered peoples, unions (associations) of communities of small-numbered peoples, may vest them with separate powers of local self-government bodies.

2. Issues affecting the interests of communities of small peoples are resolved by state authorities of the constituent entities of the Russian Federation and local governments, taking into account the opinion of communities of small peoples.

3. Bodies of state power of the Russian Federation, bodies of state power of constituent entities of the Russian Federation, bodies of local self-government, their officials are not entitled to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, with the exception of cases provided for by federal legislation and the legislation of the subjects of the Russian Federation. Federation. Actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies, their officials that violate the independence of communities of small peoples, unions (associations) of communities of small peoples, may be appealed in the manner established by federal legislation.

Article 8. Organization of communities of small peoples

1. Communities of small peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or in the form of an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).

Communities of small peoples are organized without limiting the period of activity, unless otherwise established by the constituent documents of the community.

2. Founders of communities of small peoples can only be persons belonging to small peoples who have reached the age of 18 years. The number of founders cannot be less than three.

Foreign citizens and stateless persons cannot be founders of communities of small peoples.

Legal entities cannot be founders.

Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, their officials cannot be founders of communities of small peoples.

3. The constituent documents of the community of small peoples are:

memorandum of association;

The constituent agreement is concluded by the founders of the community of small peoples, and the charter is approved by the general meeting (gathering) of the members of the community.

The constituent documents of communities of small peoples should define:

the name of the community;

location;

main types of business.

The constituent documents of a community of small peoples may also contain other information provided for by this Federal Law and the laws of the constituent entities of the Russian Federation.

Constituent documents are signed by the founders of the community of small peoples.

From the moment a decision is made to organize a community of small peoples, it is considered to be created.

The created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.

4. By decision of the general meeting (gathering) of members of the community of small peoples, persons who are not related to small peoples, who carry out traditional economic activities and are engaged in traditional crafts of small peoples, may be accepted as members of the community.

5. The refusal of a person to join the community of small peoples cannot serve as a basis for restricting his right to independently carry out traditional economic activities and engage in traditional crafts.

Article 9

Decisions on the creation of a community of small peoples, on the approval of its charter, on the formation of management and control bodies are taken at the constituent assembly of the community of small peoples. All citizens residing on the territory (part of the territory) of the corresponding municipal formation have the right to attend the constituent assembly of a community of small peoples.

Article 10

1. The charter of a community of small peoples must determine:

type of community, subject and goals of its activities;

the composition of the founders;

name and location;

sources of formation of community property and the procedure for its use;

the procedure for distributing income from the sale of surplus products of traditional management and products of traditional crafts;

the procedure for compensation for losses;

terms of liability of members of the community for the debts and losses of the community;

the procedure for the use of property in the event of liquidation of the community;

the structure and competence of the community governing bodies, the procedure for their decision-making, the list of issues, decisions on which are made by a qualified majority of votes;

the procedure for making changes and additions to the constituent documents;

the frequency of holding a general meeting (gathering) of members of the community;

the order of reorganization and liquidation of the community;

rights and obligations of members of the community;

the procedure and conditions for admission to membership in the community and exit from it;

the procedure and nature of the participation of community members in its economic activities;

responsibility of community members for violation of obligations for personal labor and other participation.

The charter of a community of small peoples may contain a description of the symbols of a community of small peoples.

The charter of a community of small peoples may contain other provisions relating to the activities of the community that do not contradict federal legislation.

2. A community of small peoples must inform the state authorities and (or) local self-government bodies about changes in its charter within the time limits and in the manner established by the legislation of the constituent entities of the Russian Federation.

Article 11

1. Membership in a community of small peoples can be collective (membership of families (kinds) and individual (membership of persons belonging to small peoples).

Individual members of the community of small peoples may be persons belonging to small peoples who have reached the age of 16, lead a traditional way of life for these peoples, carry out traditional economic activities and engage in traditional crafts.

Members of the community of small peoples have the right to withdraw from it.

In case of leaving the community of small peoples, a member of the community and members of his family are provided with a share from the property of the community of small peoples.

When one or more of its members leave the community and allocate them a share of the property of the community, it should be envisaged that those who have left the community retain the opportunity to lead a traditional way of life and carry out traditional economic activities.

The rights and obligations of members of the community of small peoples, the procedure and conditions for joining and leaving the community are determined by the charter of the community of small peoples.

Foreign citizens and stateless persons cannot be members of a community of minorities, but have the right to provide communities of minorities, unions (associations) of communities of minorities with material, financial and other assistance.

2. Belonging to a community of small peoples of persons belonging to small peoples cannot serve as a basis for restricting their rights and freedoms of man and citizen, a condition for granting them by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local self-government bodies any privileges and benefits, with the exception of cases provided for by federal law.

3. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, their officials cannot be members of a community of small peoples.

Article 12. Rights of members of a community of small peoples

1. Members of the community of small peoples, in accordance with the charter of the community of small peoples, have the right to:

participation in community decision-making;

participation in the elections of the governing bodies of the community and the right to be elected to these bodies;

receiving a share from the property of the community or its compensation upon leaving the community or upon its liquidation;

exit from the community;

other rights stipulated by the charter of the community.

2. Members of the community of small peoples, in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation, have the right to use objects of the animal and plant world, common minerals and other natural resources for the needs of traditional management and crafts.

Article 13. Duties of members of a community of small peoples

1. Members of the community of small peoples are obliged:

observe the charter of the community;

use natural resources rationally and implement environmental protection measures;

perform other duties stipulated by the legislation of the Russian Federation.

2. Members of the community of small peoples shall be liable for the obligations of the community of small peoples within the limits of their share from the property of the community of small peoples.

3. The community of small peoples is not responsible for the obligations of its members.

Article 14

1. The supreme governing body of a community of small peoples is the general meeting (gathering) of members of the community of small peoples.

The general meeting (gathering) of members of the community of small peoples is convened as necessary, the frequency of its holding is determined by the charter.

A general meeting (gathering) of members of a community of small peoples is considered authorized provided that at least half of the members of the community participate in it, unless other rules are established by the charter of the community.

The charter of a community of small peoples may provide for the convocation of a general meeting (gathering) of members of the community at the request of at least one third of its members.

The general meeting (gathering) of members of the community of small peoples considers all the most important issues of the life of the community of small peoples.

2. The exclusive competence of the general meeting (gathering) of members of the community of small peoples is:

adoption of the charter of the community;

election of the board (council) of the community and its chairman;

admission of new members;

exclusion from the community;

determination of the main directions of the community's activity;

election of the audit commission;

making decisions on the reorganization, liquidation and self-dissolution of the community;

approval of decisions of the chairman of the board (council) of the community.

The charter of a community of small peoples may include other issues related to the activities of a community of small peoples to the powers of the general meeting (gathering) of members of a community of small peoples.

Article 15

1. The governing body of a community of small peoples is the board (council) of the community of small peoples.

The board (council) of the community of small peoples is elected as part of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the community of small peoples by a simple majority of votes.

The board (council) of the community of small peoples organizes the activities of the community of small peoples in between general meetings (gatherings) of members of the community of small peoples and holds meetings as necessary.

The powers of the board (council) of the community of small peoples and the term of office are established by the charter of the community of small peoples.
Members of the community who have received more than half of the votes of its members present at the general meeting (gathering) of the community members are considered elected to the board (council) of the community of small peoples.
2. The board (council) of a community of small peoples has the right to:

consider applications of citizens who have expressed a desire to join the community, and recommend them for joining the community;

determine the number of workers involved by the community of small peoples under labor contracts, and the procedure for remuneration of their labor in accordance with the labor legislation of the Russian Federation;

approve the decision of the chairman of the board (council) of the community.

The charter of a community of small peoples may also grant other powers to the board (council) of the community.

Article 16

Chairman of the board (council) of the community of small peoples:

organizes the work of the board (council) of the community;

during the period between meetings of the board (council) of the community decides all organizational, production and other issues, with the exception of those issues that are referred to the conduct of the general meeting (gathering) of members of the community or the board (council) of the community;

in accordance with the charter of the community, gathers the board (council) of the community and the general meeting (gathering) of the members of the community;

represents the community in relations with state authorities of the constituent entities of the Russian Federation and local governments.

The charter of the community of small peoples may also grant other powers to the chairman of the board (council) of the community.

Article 17. Property of communities of small peoples

1. The property of a community of small peoples may include:

property transferred by members of the community as a contribution (contribution) in the organization of the community;

financial resources belonging to the community (own and borrowed);

voluntary donations of individuals and legal entities, including foreign ones;

other property acquired or received by the community in accordance with the legislation of the Russian Federation.

2. Communities of small peoples independently own, use and dispose of their property.

3. Communities of small peoples, with the consent of the members of the community, have the right to sell the products of labor produced by its members.

4. Communities of small peoples bear material and other liability in accordance with the legislation of the Russian Federation.

Article 18

In order to protect the original habitat, preserve and develop the traditional way of life and management of small peoples, members of the community of small peoples enjoy the benefits established by federal legislation and the legislation of the constituent entities of the Russian Federation.

Article 19. Activities of communities of small peoples in the field of education and culture

1. In order to preserve the cultures of small peoples, communities of small peoples may organize the upbringing and education of children of members of the community, based on the traditions and customs of these peoples.

The involvement of teachers for the upbringing and education of children of members of the community of small peoples can be carried out on the basis of agreements between communities of small peoples with the executive authorities of the constituent entities of the Russian Federation and local governments.

2. Communities of small peoples have the right to observe the religious traditions and rituals of small peoples, if such traditions and rituals do not contradict the laws of the Russian Federation and the laws of the subjects of the Russian Federation, the maintenance and protection of places of worship, the creation of their own cultural centers and other public associations.

Article 20. Unions (associations) of communities of small peoples

1. Communities of small peoples, regardless of their types of management, have the right to voluntarily unite into unions (associations) of communities on the basis of constituent agreements and (or) charters adopted by unions (associations) of communities. The legal capacity of unions (associations) of communities of small peoples as legal entities arises from the moment of their state registration.

Unions (associations) of communities of small peoples are non-profit organizations.

2. Communities of small peoples - members of the union (association) of communities of small peoples retain their independence and the rights of a legal entity.

3. Union (association) of communities of small peoples is not responsible for the obligations of its members. Members of a union (association) of communities of small peoples bear subsidiary liability for the obligations of the union (association) in the amount and in the manner prescribed by the constituent documents of the union (association).

4. The name of the union (association) of communities of small peoples must contain an indication of the main subject of activity of its (her) members with the inclusion of the word "union" or "association".

Article 21

1. The reorganization of communities of small peoples, unions (associations) of communities of small peoples is carried out by decision of the general meeting (gathering) of members of the community of small peoples or the congress (conference) of unions (associations) of communities, adopted by a qualified majority of members of the community of small peoples or the union (association) of communities small peoples.

2. Reorganization of communities of small peoples, unions (associations) of communities of small peoples can be carried out in the form of merger, accession, division and separation of communities.

3. State registration of communities of small peoples, unions (associations) of communities of small peoples, newly formed after the reorganization, is carried out in the manner prescribed by federal legislation.

4. The property of communities of small peoples, unions (associations) of communities of small peoples that are legal entities shall, after their reorganization, be transferred to newly formed communities of small peoples, unions (associations) of communities of small peoples that have become legal entities, in the manner prescribed by the Civil Code of the Russian Federation .

Article 22. Liquidation of communities of small peoples, unions (associations) of communities of small peoples

1. Communities of small peoples, unions (associations) of communities of small peoples may be liquidated on the basis and in the manner established by federal legislation.

2. In addition, communities of small peoples may be liquidated in the event of:

withdrawal from the community of more than two thirds of the founders or members of this community or other actual impossibility to continue the activities of this community;

termination of the implementation of traditional management and traditional crafts;

repeated gross violations by the community of the goals defined in the charter of this community. Liquidation is carried out by a court decision.

3. In case of liquidation of a community of small peoples, its property remaining after the satisfaction of creditors' claims shall be subject to distribution among the members of the community in accordance with their share from the property of the community of small peoples, unless otherwise established by the charter of the community of small peoples. The decision to use the property of a community of small peoples, a union (association) of communities of small peoples remaining after satisfaction of creditors' claims shall be published by the liquidation commission in the press.

4. An entry on the termination of the activities of a community of small peoples is entered into the register of the justice body that carries out state registration of legal entities, upon submission of the following documents:

a statement on the termination of the activities of the community, signed by a person authorized by the general meeting (gathering) of members of the community of small peoples;

the decision of the relevant body to liquidate the community;

charter of the community of small peoples;

liquidation or separation balance sheet;

a document on the destruction of the seal of the community.

Disputes about the liquidation of communities of small peoples are resolved in court.

The liquidation of the union (association) of communities of small peoples is carried out in accordance with the charter of this union (association) of communities of small peoples in the manner prescribed by federal law.

The decision to liquidate a community of small peoples, a union (association) of communities of small peoples that are legal entities shall be sent to the justice authority that registered the community of small peoples, the union (association) of communities of small peoples.

If a community of small peoples has not undergone state registration, the decision on its liquidation or self-dissolution shall be sent to state authorities and (or) local self-government bodies in the manner and within the time period established by the legislation of the constituent entities of the Russian Federation.

Article 23

Communities of small peoples have the right to appeal to the court the actions of state authorities, local self-government bodies, their officials that infringe on the rights of communities of small peoples and their members, in the manner prescribed by law, and also demand compensation for losses caused to them as a result of damage to the environment.

Article 24. Final provisions

1. This Federal Law shall enter into force on the day of its official publication.

2. Propose to the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts in line with this Federal Law.

The president
Russian Federation
V. Putin

Amendments were made to the legislation on non-profit organizations, in accordance with which a new type of non-profit organizations - the community of indigenous peoples of the Russian Federation - received legislative consolidation.

And the Constitution of the Russian Federation established that the Russian Federation guarantees the rights of indigenous peoples in accordance with the generally recognized principles and norms of international law and international agreements. Features of the legal status of communities of small peoples, their creation, reorganization and liquidation, management of communities of small peoples are determined by the legislation of the Russian Federation on communities of small peoples.

To develop these provisions, relevant legal acts were adopted, including the Federal Law of April 30, 1999 N 82-FZ "On Guarantees of the Rights of Indigenous Minorities of the Russian Federation", in which the guarantees of the rights of indigenous minorities are set out most fully.

This law more specifically establishes a definition according to which the indigenous peoples of the Russian Federation are peoples living in the territories of traditional settlement of their ancestors, preserving their traditional way of life, economic management and crafts, numbering less than 50 thousand people in the Russian Federation and recognizing themselves as independent ethnic communities.

The Unified List of Indigenous Peoples of the Russian Federation is approved by the Government of the Russian Federation on the proposal of the state authorities of the constituent entities of the Russian Federation in whose territories these peoples live.

Such peoples are characterized by such concepts as the traditional way of life, that is, the historically established way of life support, based on the historical experience of their ancestors in the field of nature management, the original social organization of living, original culture, the preservation of customs and beliefs, and the original habitat - a historically established area, within which small peoples carry out cultural and everyday activities and which affects their self-identification, way of life.

The creation of such an organizational and legal form of legal entities as a community of indigenous peoples is due to the need to represent their interests, as well as to act in civil circulation.

Unofficially, similar organizations existed before. However, they could not register as legal entities, since the state registration authorities refused to register communities of small peoples on the grounds that civil law does not provide for such organizational and legal forms of legal entities.

Communities of small peoples are organized without limiting the period of activity, unless otherwise established by the constituent documents of the community.

The constituent documents of the community of small peoples are:

memorandum of association;

charter.

The constituent agreement is concluded by the founders of the community of small peoples, and the charter is approved by the general meeting (gathering) of the members of the community.

From the moment a decision is made to organize a community of small peoples, it is considered to be created. At the same time, the created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.

As in the case of other non-profit organizations, the main goal of the community of indigenous peoples is to achieve socially useful goals. In particular, such a socially beneficial goal, as noted in the above definition, is the protection of their original habitat, the preservation and development of traditional ways of life, management, crafts and culture.

As with other non-profit organizations, in this case there is a rule according to which a community of small peoples has the right to carry out entrepreneurial activities that correspond to the goals for which it was created.

The procedure for terminating a community of indigenous peoples and the fate of its property after termination has a certain specificity. Members of the community of indigenous peoples have the right to receive part of its property or compensation for the value of such a part when leaving the community of small peoples or when it is liquidated.

Thus, the procedure is similar to the procedure for terminating business companies and partnerships, when their participants have the right to receive part of the property. The presence of such a rule is obviously due to the fact that the property of the community of small peoples may be property transferred by members of the community as a contribution (contribution) in the organization of the community.

At the same time, the procedure for determining a part of the property of a community of small peoples or compensation for the cost of this part is established by the legislation of the Russian Federation on communities of small peoples.

Z.S. Botashev.,

chief specialist-expert of the department for

affairs of non-profit organizations

It's no secret that Russia is a multinational state with more than 100 nationalities. Each nation has its own traditions and culture, which are protected at the state level.

However, some peoples are so small that their very existence is threatened. And therefore the state introduces various mechanisms that help to preserve the authenticity of small peoples.

The concept of the community of indigenous peoples of the Russian Federation

One of the duties of the state is to protect all citizens who live on its territory. Considering the fact that in Russia there are a huge number of nationalities with a variety of cultural and linguistic traditions, the state protects the authenticity of the peoples of Russia and contributes to the development of their self-consciousness.

As statistics show, about 40 nationalities live in Russia, the number of which hardly exceeds 30 thousand people. The protection of such small peoples is the main milestone of state policy. That is why in 1990 the public organization "Association of Indigenous Peoples of the Russian Federation" was organized.

The concept of a community of indigenous peoples of the Russian Federation is often mentioned in regulatory documents.

In fact, these are non-profit public organizations that deal with human rights issues and are official representatives of the small nations that live in our country.

Thanks to this structure, indigenous peoples have the opportunity to adhere to their traditional way of life, in every possible way to develop and increase their cultural characteristics.

Territorially small indigenous peoples are concentrated in the northern part of the country, Siberia and the Far East. After the number of indigenous peoples declined sharply in the Soviet years, the state took up their protection.

Most of the representatives of these nationalities live within the boundaries of compact settlements and are engaged in traditional crafts.

Article 69 of the Constitution of the Russian Federation provides that the rights of indigenous peoples with a small number of representatives are observed in full. Many normative acts that regulate the policy of the state in relation to citizens are devoted to the protection of small nationalities.

Indigenous communities are social structures that do not aim at making a profit, and exist on charitable contributions, voluntary donations from citizens and government financial support.

Signs and types of the community of indigenous peoples of the Russian Federation

The indigenous peoples of Russia are classified depending on the language group, and the number of representatives.

In general, among the indigenous peoples, the following main groups are distinguished:

Peoples of Northern Russia;
Far Eastern peoples;
Altai peoples;
West and East Siberian authentic communities.

Indigenous peoples live in their traditional places of congregation. The state guarantees them a certain degree of autonomy and the ability to maintain the foundations of life that are special to them. In addition, small nationalities are engaged in traditional activities (fishing, animal husbandry, agriculture).

In accordance with the current legislative regulations, all ethnic groups, the number of representatives of which does not exceed 40 thousand people, are classified as indigenous peoples. At the same time, it should be noted that the indigenous peoples are unevenly distributed over the territory of Siberia and the Far East.

Territory and original habitat, places of traditional residence and economic activity of small peoples

The territories where small nationalities are traditionally settled are officially approved by the Government of Russia. At the same time, the state guarantees that the indigenous representatives of small nations will have the full opportunity to lead a cultural life and engage in those activities that are considered traditional for them.

In particular, the list of traditional occupations for small peoples includes:

Nomadic livestock breeding (breeding of deer, yaks and horses) and processing of livestock products;
Hunting for fur-bearing animals and making fur products;
Crop production, in particular agriculture, cultivation of agricultural crops, medicinal plants and berries;
Gathering (harvesting, processing and sale of products of forest origin);
Folk crafts and arts and crafts (embroidery, weaving from herbs and leather, processing of fur, bones and other materials).

As statistics show, a significant majority of the indigenous population of Siberia and the Far East traditionally settle in those places where their ancestors previously lived. Therefore, on the map of the country you can find entire settlements in which the vast majority of the population belongs to indigenous peoples.

Establishment of a community of indigenous peoples of the Russian Federation

In accordance with the current legislation, a community that unites small nations and sets itself the goal of protecting their authenticity should be a public structure for non-commercial purposes.

It is worth noting that anyone can establish such a structure, however, with some exceptions:

Citizens of foreign states and stateless persons;
Legal entities;
State and municipal authorities.

In addition, foreign commercial and non-profit organizations cannot act as founders, but they can finance the community through voluntary contributions and donations.

The created community must be registered with the state authorities without fail.

It is worth noting that in order for the registration process to go smoothly, the following rules must be observed:

The number of community members must be more than 2 people;
All members of the organization must sign the statutory documentation;
The community must have an official name, indicating the location and the main type of management.

Property of the community of indigenous peoples of the Russian Federation

Considering the fact that a community uniting indigenous peoples cannot be a commercial structure, all of its property consists of charitable contributions, donations and other financial assistance.

The state determines that when registering a community, all its members must form a charter in which it will be noted what property they contribute as their entrance fees. Property can be both in monetary terms and in kind (real estate, transport, furniture and interior items, etc.).

By law, all property belongs to the community itself.

However, if a situation arises when one of the members of the organization decides to leave its ranks, his share, which was paid by him as an entrance fee, will be returned to him in full in monetary terms or in kind.

It is worth noting that despite the fact that the community of minorities is not a commercial structure, it can contribute to the sale of goods produced by indigenous peoples.

The profit received will be distributed among the members of the community, or transferred to the authorized capital of the organization with the appropriate division into shares.

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How long will it take to register TSCMNS?

How long will it take to register the MOSCMNS and is it possible to become a chairman at the age of 17, if you can join from 16?

Danila 21.05.2019 15:20

Hello! According to Art. 26 of the Civil Code of the Russian Federation nminors aged fourteen to eighteen years have the right independently, without the consent of their parents, adoptive parents and guardian:dispose of their earnings, scholarships and other income;exercise the rights of the author of a work of science, literature or art, an invention or other legally protected result of his intellectual activity;in accordance with the law, make deposits to credit organizations and dispose of them;make petty household transactions and other transactions provided for by paragraph 2 of Article 28 of this Code. That is, a minor cannot become chairman, for this you need to be declared fully capable.

Pchelintseva Marina Vladimirovna 19.06.2019 16:20

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Yes that's right.

Kolpakova Galina Yurievna 20.06.2019 12:30

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How to register a community of small peoples of the Russian Federation?

how to write an application for opening a non-profit organization of small peoples

Anatoly 24.12.2018 12:39

Good afternoon!
In accordance with Art. 6.1 of the Federal Law of January 12, 1996 No. 7-FZ, communities of indigenous peoples of the Russian Federation (hereinafter referred to as the community of indigenous peoples) recognize forms of self-organization of persons belonging to indigenous peoples of the Russian Federation and united by consanguinity (family, clan) and (or) territorial neighborly principles, in order to protect their original habitat, preserve and develop traditional lifestyles, economic activities, crafts and culture.
According to Art. 8 of the Federal Law of July 20, 2000 No. 104-FZ, communities of small peoples are organized on a voluntary basis at the initiative of persons belonging to small peoples who have reached the age of 18 years. The will to join the community of small peoples must be expressed in the form of a written statement or in the form of an entry in the minutes of the general meeting (gathering) of members of the community of small peoples (meeting of authorized representatives of small peoples).
Sample documents for registration of non-profit organizations can be found at this link: https://minjust.ru/ru/obrazcy-zapolneniya-dokumentov

26.12.2018 10:22

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If necessary, the “Legal Group of the Free Legal Advice Service” will draw up all documents, complaints and statements for you. Our address: Moscow, Staropimenovskiy pereulok, 18..html Our contacts: website/kontakty.html

Fedorova Lyubov Petrovna 27.12.2018 08:23

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non-profit organizations, Communities kmn rf

The purpose of the activities of the communities of kmn of the Russian Federation, enshrined in law? Responsibility of the Communities of kmn of the Russian Federation, enshrined in law?

Tamerlane 12.11.2018 21:17

Hello! These issues are regulated by the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation." We invite you to the office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "Free Legal Advice Service".

Alexandrov Alexander Mikhailovich 13.11.2018 11:11

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Yes that's right.

Saybotalov Vadim Vladimirovich 14.11.2018 15:00

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limitations

what could be the disadvantages of a non-profit organization in the form of communities of indigenous peoples?

Anastasia 13.10.2018 16:08

Good afternoon! According to Article 6 of the Federal Law "On the general principles of organizing communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation", the organization and activities of communities of small peoples for other purposes, except for the purposes indicated by this Federal Law, the laws of the constituent entities of the Russian Federation, the constituent documents of the relevant minority communities. The advantages include Art. 8 of the Federal Law, state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, their officials are not entitled to interfere in the activities of communities of small peoples, unions (associations) of communities of small peoples, with the exception of cases provided for by federal legislation and the legislation of the constituent entities of the Russian Federation. Federation. Actions of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local self-government bodies, their officials that violate the independence of communities of small peoples, unions (associations) of communities of small peoples, may be appealed in the manner established by federal legislation. Also, according to Article 13 of the Federal Law, members of the community of small peoples are liable for the obligations of the community of small peoples within their share of the property of the community of small peoples. We invite you to the office for a consultation, where our specialists will answer all your questions in more detail. For a 50 percent discount on a consultation - Promo code - "Free Legal Advice Service".

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Yurenev Vitaly Anatolievich 13.10.2018 21:43

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Yes that's right.

Valuev Igor Vladimirovich 14.10.2018 14:22

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Application for membership in the community of small indigenous peoples

How to write an application for joining the territorial-neighboring community of indigenous peoples of the Far East?

Xenia 13.08.2018 17:32

Hello! An application for joining the community of indigenous peoples is written in free form. You can write something like this: Please accept in territorial-neighboring community of indigenous peoples of the Far East full name, according to paragraph 1 of Art. eight Federal Law No. 104-FZ of July 20, 2000 (as amended on June 27, 2018) "On the General Principles of Organizing Communities of Indigenous Peoples of the North, Siberia and the Far East of the Russian Federation". Number, signature.

Fedorova Lyubov Petrovna 14.09.2018 21:50

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Galina 11/20/2018 05:24

The law says that the community is subject to mandatory registration. Is it possible to apply to the local government of the local settlement?

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Dubrovina Svetlana Borisovna 20.11.2018 07:57

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Yes, that's right, I agree with my colleague

Dubrovina Svetlana Borisovna 15.09.2018 08:30

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Communities of the indigenous peoples of the Russian Federation recognize forms of self-organization of persons belonging to the indigenous peoples of the Russian Federation and united according to consanguinity (family, clan) and (or) territorial-neighborly principles, in order to protect their original habitat, preserve and develop traditional lifestyles , management, crafts and culture.

Indigenous peoples of the North, Siberia and the Far East of the Russian Federation are peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, economic activities and crafts, numbering less than 50 thousand people and recognizing themselves as independent ethnic communities;

Communities of small-numbered peoples are forms of self-organization of persons belonging to small-numbered peoples and united by consanguinity (family, clan) and (or) territorial-neighborly characteristics, created in order to protect their original habitat, preserve and develop traditional ways of life, management, crafts and culture.

Communities of small peoples are of two types:

1. family (tribal) communities of small peoples are forms of self-organization of persons belonging to small peoples, united on the basis of consanguinity, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts;
2. territorial-neighboring communities of small peoples are forms of self-organization of persons belonging to small peoples, permanently residing in the territories of traditional settlement of small peoples, leading a traditional way of life, carrying out traditional economic activities and engaged in traditional crafts.

At least 3 citizens of the Russian Federation who belong to small peoples and have reached the age of 18 can act as founders of communities of small peoples. Legal entities cannot be founders. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government, their officials cannot be founders of communities of small peoples.

The constituent documents of the community of small peoples are the founding agreement and the charter.

The created community of small peoples is subject to mandatory state registration. After state registration, a community of small peoples acquires the rights of a legal entity.

Membership in a community of small peoples can be collective (membership of families (kinds)) and individual (membership of persons belonging to small peoples).

The supreme governing body of the community of small peoples is the general meeting (gathering) of members of the community of small peoples. The general meeting (gathering) of members of the community of small peoples is convened as necessary, the frequency of its holding is determined by the charter.

The governing body of the community of small peoples is the board (council) of the community of small peoples. The board (council) of the community of small peoples is elected as part of the chairman of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the community of small peoples by a simple majority of votes.

In the property of a community of small peoples may be:

1. property transferred by members of the community as a contribution (contribution) in the organization of the community;
2. financial resources belonging to the community (own and borrowed);
3. voluntary donations of individuals and legal entities, including foreign ones;
4. other property acquired or received by the community in accordance with the legislation of the Russian Federation.

Communities of small peoples, with the consent of the members of the community, have the right to sell the products of labor produced by its members.