Space for a community organization. Onf calls for a transparent procedure for the transfer of premises for socially oriented NGOs
In accordance with article 31 1 federal law"On non-profit organizations" Government Russian Federation decides:
1. Approve the attached:
Rules for the formation, maintenance and mandatory publication of a list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) for use on a long-term basis;
Rules for granting federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis.
2. The implementation of this resolution is carried out by the Ministry economic development of the Russian Federation and the Federal Agency for State Property Management within the limits of the established number of employees of their central offices and territorial bodies, as well as the budgetary allocations provided for by the said Ministry and the Agency in the federal budget for management and management in the area of established functions.
Chairman of the Government of the Russian Federation
D. Medvedev
Rules for the formation, maintenance and mandatory publication of a list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) for use on a long-term basis
1. These Rules establish the procedure for the formation, maintenance and mandatory publication of a list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) use on a long-term basis (hereinafter referred to as the list).
2. The list may include only non-residential premises that are federally owned and free from the rights of third parties (except for the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation) (hereinafter referred to as non-residential premises).
3. The formation of the list is carried out by the Federal Agency for State Property Management (hereinafter referred to as the authorized body).
4. Authorized body in accordance with guidelines approved by the federal executive body responsible for the development of public policy and legal regulation in the field of support for socially oriented non-profit organizations, determines non-residential premises as part of the property of the state treasury of the Russian Federation, which can be provided to socially oriented non-profit organizations for possession and (or) use on a long-term basis (hereinafter referred to as organizations), and makes decisions on the inclusion of non-residential premises in the list.
5. The decision of the authorized body on the inclusion of non-residential premises in the list or on the exclusion of non-residential premises from the list contains the following information about non-residential premises:
a) the total area of the non-residential premises;
b) the address of the building in which the non-residential premises are located (in the absence of an address, a description of the location of the building);
c) the number of the floor on which the non-residential premises are located, a description of the location of this non-residential premises within the floor or building.
6. The authorized body excludes non-residential premises from the list if 2 times in a row after the authorized body placed in the prescribed manner a notice on the possibility of providing non-residential premises for free use or rent to an organization within the period specified in such a notice, no application for the provision of non-residential premises has been submitted. premises for gratuitous use or applications for the provision of non-residential premises for rent.
7. The list is maintained in in electronic format authorized officials of the authorized body.
8. The list includes information about non-residential premises contained in the decision of the authorized body on the inclusion of non-residential premises in the list, as well as the following information:
a) the year of commissioning of the building in which the non-residential premises are located;
b) information on restrictions (encumbrances) in relation to non-residential premises:
type of restriction (encumbrance);
duration of the restriction (encumbrance);
information about the persons (if any) in favor of which the restriction (encumbrance) is established:
full name;
location;
main state registration number;
taxpayer identification number;
c) register number of the federal property;
d) the day the authorized body makes a decision to include the non-residential premises in the list.
9. Non-residential premises included in the list are grouped according to the constituent entities of the Russian Federation in whose territory they are located.
10. Information about the non-residential premises specified in paragraph 8 of these Rules is entered into the list within 3 working days from the date of the decision by the authorized body to include this non-residential premises in the list.
In the event of a change in the information contained in the list, the relevant changes are made to the list within 3 working days from the day when the authorized body became aware of these changes, but no later than 2 months after the entry of the changed information into the Unified State Register of Rights to Real Estate and transactions with it and the state real estate cadastre.
Information about the non-residential premises specified in paragraph 8 of these Rules shall be excluded from the list within 3 working days from the date of the decision by the authorized body to exclude this non-residential premises from the list in accordance with paragraph 6 of these Rules.
11. The list is published on the official website of the authorized body in the information and telecommunications network "Internet".
Rules for granting federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis
1. These Rules establish the procedure and conditions for granting to socially oriented non-profit organizations the possession and (or) use on a long-term basis of federal property included in the list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) use on a long-term basis, formed in the prescribed manner (hereinafter - the list).
These Rules apply only to the provision of non-residential premises included in the list (hereinafter referred to as non-residential premises), for possession and (or) use on a long-term basis by socially oriented non-profit organizations, with the exception of state and municipal institutions and non-profit organizations established by the Russian Federation (hereinafter - organizations).
2. Non-residential premises are provided to the organization for possession and (or) use on the following conditions:
a) provision of non-residential premises for free use or lease for 5 years;
b) the provision of non-residential premises for free use, subject to the implementation by the organization in accordance with founding documents one or more types of activities provided for in paragraphs 1 and 2 of Article 31 of the Federal Law "On Non-Commercial Organizations" (hereinafter referred to as types of activities), for at least 5 years before the said organization submits an application for the provision of non-residential premises for free use;
c) the provision of non-residential premises for rent, provided that the organization, in accordance with the constituent documents, carries out one or more types of activity for at least one year before the said organization submits an application for the provision of non-residential premises for rent;
d) the use of non-residential premises only for their intended purpose for the implementation of one or more types of activities specified in the contract for the gratuitous use of non-residential premises or the lease agreement for non-residential premises;
e) establishment of the annual rent under the lease agreement for non-residential premises in rubles in the amount of 50 percent of the annual rent for non-residential premises, determined on the basis of the appraisal report market value rent, prepared in accordance with the legislation of the Russian Federation on appraisal activities, on the date preceding the placement in accordance with the established procedure of a notice of the possibility of providing non-residential premises for gratuitous use or rent to an organization (hereinafter referred to as the notice) for no more than 60 days, which is not subject to change during the validity of the non-residential premises lease agreement;
f) prohibition of the sale of state property transferred to organizations, the assignment of the rights to use it, the transfer of the rights to use it as a pledge and the introduction of the rights to use such property into the authorized capital of any other entities economic activity;
g) the organization to which the non-residential premises have been provided for gratuitous use or lease has the right to cancel the contract for the gratuitous use of non-residential premises or the contract for the lease of non-residential premises at any time by notifying the Federal Agency for State Property Management (hereinafter referred to as the authorized body) for one month;
h) the organization has no arrears on assessed taxes, fees and other obligatory payments to budgets of any level and (or) state non-budgetary funds for the past calendar year and arrears on rent under lease agreements for federally owned state property. This condition is considered to be met if the organization has appealed against the existence of the specified debt in accordance with the legislation of the Russian Federation and the decision on such a complaint has not entered into force as of the date of conclusion of the agreement for the gratuitous use of non-residential premises or the lease agreement for non-residential premises;
i) the absence of the fact that the organization is in the process of liquidation, as well as the absence of a decision arbitration court on declaring it bankrupt and on opening bankruptcy proceedings;
j) the absence of an organization in the list of organizations in respect of which there is information about their involvement in extremist activities or terrorism, provided for in paragraph 2 of Article 6 of the Federal Law "On counteracting the legalization (laundering) of proceeds from crime and the financing of terrorism".
3. The authorized body shall place on the official website of the authorized body in the information and telecommunications network "Internet" (hereinafter respectively - the official website, the network "Internet") a notice no later than 60 days from the day the organization vacates the non-residential premises in connection with the termination of the right of ownership and (or) its use or adoption by the authorized body of a decision on the inclusion of non-residential premises in the list, if such non-residential premises at the time of the said decision was not provided for possession and (or) use non-profit organization.
4. The notice may be published in any mass media, as well as posted on any sites on the Internet, provided that such publication and placement are not carried out instead of the placement provided for in paragraph 3 of these Rules.
5. The notice must contain the following information:
a) name, location, postal address, address Email and telephone number of the authorized body;
b) the total area of non-residential premises;
c) the address of the building in which the non-residential premises are located (in the absence of an address, a description of the location of the building);
d) the number of the floor on which the non-residential premises are located, a description of the location of this non-residential premises within the floor or building;
e) the year of commissioning of the building in which the non-residential premises are located;
f) information on restrictions (encumbrances) in relation to non-residential premises;
g) the condition of the non-residential premises (good, satisfactory, current repairs are required, major repairs are required);
h) the amount of the annual cost of the rent for non-residential premises on the basis of a report on the assessment of the market value of the rent, prepared in accordance with the legislation of the Russian Federation on appraisal activities;
i) standard forms of an agreement for the gratuitous use of non-residential premises and an agreement for the lease of non-residential premises concluded by the authorized body with organizations established by the federal executive body that exercises the functions of developing state policy and legal regulation in the field of support for socially oriented non-profit organizations;
j) the deadlines (day and time of beginning and end) for accepting an application for the provision of non-residential premises for free use or an application for the provision of non-residential premises for rent (hereinafter - applications);
k) the place, day and time of opening envelopes with applications and opening access to applications submitted in the form of electronic documents;
l) the conditions for granting non-residential premises for possession and (or) use, provided for in paragraph 2 of these Rules;
m) the form of applications for filing them in the form electronic document.
6. When a notice is posted on the official website, the start day for accepting applications is the 1st business day after the day the notice is posted on the official website. The deadline for accepting applications is the 30th day after the date of posting the notice on the official website, and if it falls on a day recognized in accordance with the legislation of the Russian Federation as a day off and (or) a non-working holiday, the next working day following it.
The day of opening envelopes with applications is determined by the 1st business day after the deadline for accepting applications.
7. The authorized body has the right to amend the notice posted on the official website no later than 5 days before the deadline for accepting applications. At the same time, the deadline for accepting applications should be extended so that from the day the changes to the notice were posted on the official website until the deadline for accepting applications, it was at least 20 days.
Changes to the notice posted on the official website can be made no more than once.
8. During the period for accepting applications, an organization that meets the conditions provided for in subparagraph "b" of paragraph 2 of these Rules may submit to the authorized body an application for the provision of non-residential premises for free use or an application for the provision of non-residential premises for rent, and an organization that meets the conditions, provided for in subparagraph "c" of paragraph 2 of these Rules - an application for the provision of non-residential premises for rent.
One organization has the right to submit in respect of one non-residential premises only one application for the provision of non-residential premises for gratuitous use or one application for the provision of non-residential premises for rent.
9. Applications are submitted in writing with a text copy on electronic media in a sealed envelope, which indicates the words "Application of a socially oriented non-profit organization for the provision of non-residential premises", as well as the total area of the requested non-residential premises and the address of the building in which it is located (in in the absence of an address - a description of the location of the building), or in the form of an electronic document.
Applications in the form of an electronic document are submitted to the authorized body by filling out a form posted on the official website.
Applications are signed by a person entitled to act on behalf of the organization without a power of attorney (hereinafter referred to as the head), or its representative acting on the basis of a power of attorney.
10. An application for the provision of non-residential premises for free use contains:
a) the full and abbreviated name of the organization, the date of its state registration (when created), the main state registration number, the taxpayer identification number, the location of the permanent body;
b) postal address, telephone number, e-mail address of the organization, address of its website on the Internet;
c) the name of the position, surname, name, patronymic of the head of the organization;
d) information about non-residential premises specified in subparagraphs "b" and "c" of paragraph 5 of these Rules;
e) information on the types of activities that the organization has been carrying out in accordance with the constituent documents over the past 5 years and is carrying out at the time of filing the application, as well as on the content and results of such activities ( short description content and specific results of programs, projects, activities);
e) size details Money used by the organization for its intended purpose for the implementation in accordance with the constituent documents of activities over the past 5 years (total amount of funds, the amount of targeted income from citizens, the amount of targeted income from Russian organizations, the amount of targeted revenues from foreign citizens and stateless persons, the amount of targeted income from foreign organizations, the amount of income from the endowment of non-profit organizations, the amount of non-operating income, the amount of income from the sale of goods, as well as the amount of work and services for each year of the specified period);
g) information about grants allocated to the organization based on the results of competitions by non-profit organizations at the expense of subsidies from the federal budget over the past 5 years (names of these organizations, grant amounts, dates of their receipt, a brief description of the projects (activities) for which they were allocated);
h) information on subsidies received by the organization from the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets over the past 5 years (names of the bodies that made decisions on the provision of subsidies, the amount of subsidies, the dates they were received, a brief description of the activities (programs, projects), for the implementation of which they are provided);
i) information about the organization's membership in associations, unions, non-profit partnerships and other non-profit organizations based on membership, including in foreign organizations (names of such organizations and terms of membership in them);
j) information on the average number of employees of the organization over the past 5 years ( average population employees for each year of the specified period);
k) information on the average number of volunteers of the organization for the last 5 years (average number of volunteers for each year of the specified period);
l) information about real estate objects owned by the organization on the basis of ownership (objects, their area, cadastral numbers, addresses, dates of state registration of ownership);
m) information about real estate objects that are and have been in the possession and (or) use of the organization over the past 5 years, with the exception of real estate objects used exclusively for certain events (objects, their area, addresses, terms of ownership and ( or) use, type of right, amount of rent (when renting), an indication that the objects belong to state and municipal property);
o) information about the organization's debts on assessed taxes, fees and other obligatory payments to budgets of any level and (or) state non-budgetary funds for the past calendar year, as well as on rent under lease agreements for federally owned state property;
o) information on the types of activities for which the organization undertakes to use non-residential premises;
p) information about the organization's need to provide non-residential premises for free use;
c) consent to the conclusion of an agreement for the gratuitous use of non-residential premises, drawn up by filling out standard form established by the federal executive body responsible for the development of state policy and legal regulation in the field of support for socially oriented non-profit organizations;
r) list of attached documents.
11. An application for the provision of non-residential premises for rent contains:
a) information that meets the requirements of subparagraphs "a" - "p" of paragraph 10 of these Rules (if the organization has been carrying out activities for less than 5 years before the date of filing the application, such an organization must provide the information provided for in subparagraphs "e" - "h" , "k", "l" and "n" of paragraph 10 of these Rules, for the period of actual implementation of activities);
b) justification of the organization's need to provide non-residential premises for rent on preferential terms;
c) consent to conclude a lease agreement for non-residential premises, drawn up by filling out a standard form established by the federal executive body responsible for developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations;
d) list of attached documents.
12. Applications shall be accompanied by:
a) copies of the constituent documents of the organization;
b) a document confirming the authority of the head of the organization (a copy of the decision on appointment or election), and in the case of signing applications - also a power of attorney to carry out the relevant actions, signed by the head and certified by the seal of the specified organization, or a notarized copy of such a power of attorney;
c) a decision to approve or conclude a transaction on the terms specified in the applications, if the adoption of such a decision is provided for by the constituent documents of the organization.
13. The organization has the right, on its own initiative, to attach to the applications:
a) an extract from the Unified state register legal entities with information about the organization, issued no earlier than 3 months before the day the notice was posted on the official website, or a notarized copy of such an extract;
b) copies of documents submitted by the organization to the federal executive body authorized in the field of registration of non-profit organizations in accordance with subparagraph 3 and (or) subparagraph 3 1 of Article 32 of the Federal Law "On Non-Profit Organizations" for the last 5 years;
c) copies of the annual financial statements organizations in the last 5 years;
d) letters from public authorities, local governments, commercial and non-profit organizations, as well as citizens and their associations, containing an assessment (reviews, recommendations) of the organization's activities, or copies thereof;
e) other documents containing, confirming and (or) explaining the information provided for in subparagraphs "e" - "p" of paragraph 10 of these Rules.
14. The documents provided for in paragraphs 12 and 13 of these Rules may be submitted to the authorized body in electronic form.
15. Upon receipt of applications submitted in the form of an electronic document, the authorized body is obliged to confirm their receipt in writing or in the form of an electronic document within one working day from the date of receipt.
16. The authorized body is obliged to ensure the confidentiality of the information contained in the applications before opening the envelopes with the applications. Persons who store envelopes with applications and applications submitted in the form of electronic documents are not entitled to damage such envelopes and applications until the envelopes are opened.
17. The organization has the right to change or withdraw applications and (or) submit additional documents before the deadline for accepting applications.
18. Envelopes with applications and applications submitted in the form of an electronic document received within the deadline for accepting applications specified in the notice posted on the official website are registered by the authorized body. At the request of the person submitting the envelope, executive the authorized body at the time of its receipt issues a receipt for the receipt of the envelope indicating the date and time of its receipt.
19. Opening envelopes with applications, consideration of applications submitted to the authorized body and determination of organizations that are provided with non-residential premises for free use or rent (hereinafter referred to as recipients of property support), are carried out by the commission for property support of socially oriented non-profit organizations, created by the federal executive body, performing the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations (hereinafter referred to as the commission).
20. The federal executive body responsible for the development of state policy and legal regulation in the field of support for socially oriented non-profit organizations approves the composition of the commission and makes changes to it, appoints the chairman, deputy chairman and executive secretary of the commission.
The commission includes representatives of the federal executive body responsible for developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations, the authorized body, and may also include representatives of other federal executive bodies, commercial and non-profit organizations, mass media information, members of the Civic Chamber of the Russian Federation and other interested parties.
The committee must have at least 9 members.
The number of members of the commission filling state positions and positions of the state civil service must be less than half of the composition of the commission.
21. The chairman of the commission determines the place, date and time of the meetings of the commission, chairs the meetings of the commission and gives instructions to the executive secretary of the commission on issues of organizational and technical support for the activities of the commission.
In the absence of the chairman of the commission, his powers are exercised by the deputy chairman of the commission.
22. The executive secretary of the commission notifies the members of the commission of the place, date and time of the commission's meetings, provides organizational and technical support for the activities of the commission and keeps minutes of its meetings.
The executive secretary of the commission is appointed on the proposal of the authorized body from among the civil servants of the authorized body.
In the absence of the responsible secretary of the commission, his powers may be exercised by another member of the commission by decision of the commission with the consent of such a member of the commission.
23. The Commission is entitled to exercise its functions provided for by these Rules if more than half of its members are present at the meeting of the commission.
Members of the commission must be notified of the place, date and time of the meeting of the commission.
Members of the commission personally participate in the meetings of the commission and are not entitled to transfer the right to vote to other persons.
Decisions of the commission are documented in a protocol, which is signed by the members of the commission who were present at the meeting of the commission. The minutes of the meeting of the commission shall indicate the dissenting opinion of the members of the commission (if any).
24. If a member of the commission is personally, directly or indirectly interested in providing non-residential premises for free use or rent to an organization, he is obliged to inform the commission about this before the start of consideration of applications and not to participate in the meetings of the commission during such consideration. At the same time, the vote of such a member of the commission is not taken into account when determining the eligibility of the meetings of the commission and making decisions.
In these Rules, the personal interest of a member of the commission is understood as the possibility of receiving income (unjust enrichment) in cash or in kind, income in the form of material benefits directly for the member of the commission, his close relatives, as well as citizens or organizations with which the member of the commission is financially bound .
25. The Commission publicly at the place, day and time indicated in the notice posted on the official website simultaneously opens the envelopes with applications and the procedure for opening access to applications submitted in the form of electronic documents is carried out.
26. If it is established that one organization has submitted 2 or more applications for the same non-residential premises, provided that the applications submitted earlier by such an organization are not withdrawn, all its applications filed with respect to this non-residential premises are not considered.
27. Representatives of organizations that submitted applications have the right to be present at the opening of envelopes with applications.
28. When opening envelopes with applications, the name of the organization, the envelope with the application of which is opened or access to the application filed in the form of an electronic document is opened, the availability of information and documents provided for in paragraphs 10 - 13 of these Rules are announced and entered in the minutes of opening envelopes with applications.
29. In the event that none of the applications has been submitted by the end of the deadline for accepting applications, the relevant information shall be entered into the minutes of the commission's meeting.
30. In the process of opening envelopes with applications, information about the organizations that submitted applications, as well as the availability of information and documents provided for in paragraphs 10-13 of these Rules, may be posted on the official website.
31. The protocol of opening envelopes with applications (minutes of the commission meeting) is kept by the commission and signed by all present members of the commission immediately after they are opened. The specified protocol is posted by the authorized body on the official website no later than the 1st working day following the day of signing the protocol.
32. Applications are posted by the authorized body on the official website no later than the 1st business day following the day of signing the protocol for opening envelopes with applications and opening access to applications submitted in the form of electronic documents.
33. The Commission is obliged to make an audio or video recording of the opening of envelopes with applications. Any representative of the organization present at the opening of envelopes with applications has the right to make an audio and (or) video recording of their opening.
34. If none of the applications is submitted within the period for accepting applications, the authorized body, within a period not exceeding 30 days from the date of the deadline for accepting applications, places a new notice in accordance with paragraph 3 of these Rules.
35. The Commission checks the applications received by the authorized body during the period for accepting applications, and the documents attached to them for compliance with the requirements established by these Rules, and also ensures that the persons who submitted them meet the conditions provided for by these Rules. The term of the specified verification cannot exceed 30 days from the date of opening the envelopes with applications and opening access to applications submitted in the form of electronic documents.
36. Applications received by the authorized body during the period for accepting applications are not allowed for further consideration in the following cases:
a) the application is submitted by a person to whom non-residential premises cannot be provided on the requested right in accordance with subparagraphs "b" and "c" of paragraph 2 of these Rules;
b) the application does not contain information and (or) consent to conclude an agreement for the gratuitous use of non-residential premises or an agreement for the lease of non-residential premises, provided for in paragraphs 10 and 11 of these Rules;
c) the application contains deliberately false information;
d) the application is not signed or signed by a person not endowed with the appropriate authority;
e) the documents provided for in paragraph 12 of these Rules are not submitted;
f) the organization does not meet the conditions stipulated by subparagraphs "h" - "j" of paragraph 2 of these Rules.
37. Based on the results of the verification in accordance with paragraphs 35 and 36 of these Rules, the commission makes a decision on admission to further consideration of applications or on refusal of such admission, which is drawn up in a protocol. The specified protocol is signed on the day of completion of the inspection and posted by the authorized body on the official website no later than the 1st working day following the day of signing the protocol.
The specified protocol must contain the names of socially oriented non-profit organizations whose applications are allowed for further consideration, and the names of organizations whose applications are not allowed for further consideration, indicating the grounds for refusing admission, provided for in paragraph 36 of these Rules.
38. If the commission has made a decision to refuse admission to further consideration of all applications received by the authorized body during the period for accepting applications, the authorized body, within a period not exceeding 30 days from the date of signing the protocol that formalizes such a decision, places a new notice in accordance with paragraph 3 of these Rules.
39. If the commission has made a decision to admit for further consideration only one of the applications received by the authorized body during the period for accepting applications, the commission on the same day decides to determine the organization that submitted it as the recipient of property support. The said decision is drawn up in the minutes of the commission, which is signed on the day the inspection is completed and posted by the authorized body on the official website no later than the 1st business day following the day the protocol was signed.
40. If the commission has made a decision to admit for further consideration 2 or more applications received by the authorized body during the period for accepting applications, the commission, within a period not exceeding 30 days from the date of signing the protocol that formalizes such a decision, evaluates and compares of these applications, including determining the final values of their rating, in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of support for socially oriented non-profit organizations.
41. Based on the results of the assessment and comparison of applications, each of them is assigned a serial number as the final rating value decreases. The application with the highest final rating value is assigned the 1st number. If several applications have received the same final rating value, a lower serial number is assigned to the application submitted by the organization registered earlier than the others.
42. The recipient of property support is determined by the organization, the application of which, in accordance with paragraph 41 of these Rules, was assigned the 1st number.
43. The Commission shall keep a record of evaluation and comparison of applications, which should contain information about the place, date, time of evaluation and comparison of applications, on determining the final value of the rating of applications indicating the names of the organizations that submitted them, on assigning serial numbers to applications, as well as on determining beneficiary of property support. The specified protocol is signed on the day of completion of the assessment and comparison of applications and is posted by the authorized body on the official website no later than the 1st working day following the day of signing the protocol.
44. During the consideration of applications, the commission through the authorized body may request Required documents and information from other federal executive bodies, bodies of state off-budget funds, executive bodies of the constituent entities of the Russian Federation, as well as local government bodies exercising executive and administrative powers.
45. Applications received by the authorized body during the period for accepting applications, and the documents attached to them, minutes of commission meetings, as well as audio and video recordings of opening envelopes with applications, are stored by the authorized body for at least 5 years.
46. Within 10 days from the date of signing the protocol, which formalizes the decision of the commission on determining the recipient of property support, the authorized body transfers to such a recipient a draft agreement, which is drawn up by filling out a standard form of an agreement established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of support for socially oriented non-profit organizations (hereinafter referred to as the agreement).
47. The contract is signed by the recipient of property support within 10 days from the date of its receipt and submitted to the authorized body.
48. Before the expiration of the period provided for in paragraph 46 of these Rules, the authorized body is obliged to refuse to conclude an agreement with the recipient of property support determined by the commission if the organization does not meet the conditions provided for in subparagraphs "h" - "j" of paragraph 2 of these Rules.
The decision of the authorized body to refuse to conclude an agreement with a recipient of property support determined by the commission is posted by the authorized body on the official website no later than the 1st business day following the day such a decision is made, and must contain information about the facts that are the basis for refusing to conclude an agreement, and details of documents confirming such facts.
49. If the authorized body decides to refuse to conclude an agreement with a recipient of property support determined by the commission, or if such a recipient evades the conclusion of an agreement, the commission makes a decision to cancel the decision to determine the recipient of property support, taken in accordance with paragraph 42 of these Rules, and the decision on determining the recipient of property support of the organization, the application of which, in accordance with paragraph 41 of these Rules, was assigned the 2nd number. These decisions are drawn up in a protocol, which is signed by all present members of the commission on the day of its compilation and posted by the authorized body on the official website no later than the 1st working day following the day of signing the protocol.
50. If the authorized body decides, on the grounds provided for in paragraph 48 of these Rules, a decision to refuse to conclude an agreement with a recipient of property support determined by the commission, whose application is assigned the 2nd number in accordance with paragraph 41 of these Rules, or if such recipient evades from the conclusion of the contract, the authorized body, within a period not exceeding 50 days from the date of signing the protocol, which formalizes the decision of the commission on determining the specified recipient of property support, places a new notice in accordance with paragraph 3 of these Rules.
NPOs or non-profit organizations - this is how it is customary in society to call this type of activity. NPOs can hardly be called a direct business, but you can definitely make money against this background. Generally speaking, the business itself rests on the enthusiasm of intermediaries, investors and the very group of people who created such an organization.
The very essence of the creation of NPOs lies in the possibility of defending their interests from legal entity by enlisting the support of a particular organization to achieve the goal. Additionally, non-profit organizations are created in order to attract the attention of a "third party". A striking example of this is Ford, as one of the forms of NCOs. For its existence, third-party money is taken. But, it is not always possible to work exclusively on a voluntary basis.
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Where does the money come from and how to make a profit?
With the form it became clear. Now it remains a little to figure out where the income from non-profit organizations can come from. Let's bring again bright examples- church, religious organization, institution, partnership, party and so on.
In fact, there are a lot of forms of NGOs, they are prescribed in the legislation and every penny of profit must go to the benefit of the organization itself. But, all income is tax-free. If a grandmother goes to church and bears part of her pension for the construction of the temple itself and assistance, for maintenance, then the state does not have the right to take taxes from this part of the income.
You can also give an example of how a fund created for the benefit of a ban on the demolition of a historically important building, with the help of donations and outside support, achieves its goal, but at the same time earns about $45,000. So without taxes, on some donations.
Such an industry can evoke the opinion of a goldmine. In part, it is. Speaking from a legal entity, NGOs require constant funding and there are several forms allowed by the state:
1. Donations and contributions on a voluntary basis;
2. Entrepreneurial activity;
3. Receipt from the founders of the organization;
4. Income from equity participants in the organization.
Assistance for NGOs can also be in the form of refusing to pay for the operation of the premises or the provision of property for use.
More about finance.
Established non-profit organizations can use their funds only with the general consent of the association. At the same time, an income estimate can be created and even an independent balance sheet can be created.
The estimate can display financial plan organizations. Such a plan is divided into quarters and even for a whole year. It is here that the income and expenditure of funds, as well as their movement, is recorded. At the same time, the funds received must correspond to the target costs. At the same time, such a principle of distributing funds does not oblige to spend all income in the first year of existence, but can stretch over several years.
In any case, investing money in a specific goal will allow in the future to get a good profit for all for all NPO participants. But, even for this type of activity, a so-called business plan is needed to create.
Documentary part.
For creatingNGOs the following package of documents is required:
1. First of all, an application is created from a legal entity. The review period is 3 months;
2. Payment of the state fee - from $50 to $200, depending on the chosen type of NPO;
3. Minutes of the founding decision of the NCO;
4. Charter, founding documentation;
5. Details of the NCO;
6. Documents for the right to own the premises, equipment (lease agreement, purchase receipts).
The paperwork step can be costly, costing owners about $250.
Room.
Starting a non-profit organization needs to rent a space. To do this, they often rent an apartment, an office in a business center or a separate room. The building itself should be with all communications for the convenience of the employees themselves. These are generally accepted communications: electricity, gas, water, heating.
For work, for example, the fund is enough for 40 square meters. And if the goal of the organization is to receive charity for refugees or poor families, then the area should be many times larger. Since a large number of visitors can come there every day. The interior in the room can be modest, classic, without frills. If you have to pay rent, it will cost about $150-300.
Equipment.
The room must be provided for work. To do this, you need to buy the following equipment:
1. Computers - about $700;
2. Phones - $200;
3. MFP or scanner, printer, copier - $400;
4. Boards - $80;
5. Equipment for presentations - $130.
You also need office furniture: tables, chairs, sofas, cabinets, shelves, possibly a safe, office chairs, interior items. As mentioned above, furniture can be purchased or donated to NGOs. But, nevertheless, it is worth considering $2,000 for this aspect.
Workers.
Even NGOs require staff to be hired. Usually, office workers or administrators, marketers, and an accountant act as roles. The entire staff can number 5 people, and can reach up to a hundred, especially if your fund is really large, then enough workers are needed.
Some people can work on a voluntary basis, but more than half will be registered for work and have a certain amount wages. The minimum that you will need to count on is $ 1.5 thousand.
If again we turn to the fund, then the maximum number of people should know about it. The fact that you are raising funds should be announced on TV and radio with details, indicated in magazines and newspapers, described on the boards of your city. Volunteers also usually help with this. They are ready to stand on a voluntary basis and ask those who have to turn to your problem. In addition, campaigns, meetings, meetings can be held as a kind of attraction to your non-profit organization. It is worth preparing at least $ 300 for advertising.
List of costs.
CreationNGOs forces you to invest in four main areas:
1. Paperwork - $250;
2. Premises - $150-300;
3. Equipment - 2 thousand $;
4. Personnel - $1.5 thousand;
5. Advertising - 300.
Opening an NPO entails an investment of at least $4,000. The calculation was carried out on the example of the organization of the fund.
How about profit?
Returning again to the creation of the fund, the profit can be really big. It can represent thousands of dollars per month, which can be spent on the construction or renovation of the selected facility. For example, on average, one fund receives about $5,000-8,000 per month. But investors can be both individuals and legal entities, regardless of activity and status.
Development.
Even this industry can develop. You can create a large fund with many branches throughout the country, as long as the goal or problem created is really relevant. Still, turning to the western side of the world, NGOs have been working and developing in Europe and the USA for several years, which, according to the law, have the opportunity to give only 35% of their own income for the needs of the organization itself, and the rest can safely be called income. Perhaps soon in our country they will pay more attention to this aspect and offer a similar opportunity.
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It is necessary to create a unified open register premises for socially oriented NPOs and create a transparent procedure for their competitive provision - this is the conclusion reached by the participants of the expert meeting on the problems of access of socially oriented NPOs to property state support. Experts also propose to solve these issues by developing uniform criteria for working with non-profit organizations and increasing openness and information content in the dialogue between the authorities and socially oriented organizations.
Expert working group"Society and Power: Direct Dialogue", Associate Professor, Department of Management information processes RANEPA Oksana Koroteeva, opening the event, noted that support for socially oriented non-profit organizations (SO NPOs) is one of the long-term priorities of the state's social policy. According to the "May Decree" of the President, it is necessary to envisage measures aimed at increasing support for SO NGOs.
“The President of the Russian Federation has set a serious task: based on the results of the address to the Federal Assembly in 2015, it is necessary to provide SO NPOs with access to 10% of the funds allocated for providing social services. This should be fixed in the relevant programs of the subjects and municipalities. However, our monitoring, meetings with experts and public figures show that the tasks associated with real support for NGOs are still far from being solved. Meanwhile, property support is a necessary condition for non-profit organizations to work effectively,” the expert noted.
Experts said that property assistance should consist in providing a certain list of federally owned non-residential premises for use by SO NPOs on a long-term basis. The lists themselves, as well as the procedure for providing premises and the criteria for selecting organizations, are formed by state and local authorities, and they should be posted in the public domain.
However, unfortunately, in practice there is a serious problem with the openness of data and informing NGOs about possible ways of support, which hinders the execution of the President's order. Representatives of the ONF recalled that in September 2016 they conducted a survey of 52 NGOs, and it turned out that more than a third of the respondents (37%) consider it insufficient to inform NGOs about existing ways state support. financial assistance(in the form of grants or subsidies) are received by a little more than half of the respondents (52%), but only 15% help with the premises of the authorities, while as many as 35% of the respondents said that they need premises.
“There are closed registers of premises in the regions. This is wrong, government decree No. 1478 says this. However, it only applies to federal property. Each subject of the Federation had to respond to this government decree, but more than half of the subjects did not respond to it, including Moscow,” said Alexander Aigistov, President of the National Union of Non-Profit Organizations.
In his opinion, the regions should report on the number of square meters given to SO NPOs for use, not only about those that have already been transferred for use, but also about those that are still planned to be provided for the provision of social services.
He reminded the audience of Rosstat data, according to which approximately 9,000 SO NPOs currently own premises, 19,000 received them for free use from the state, and about 15,000 organizations occupy premises on preferential lease terms. “It turns out that out of 145,000 organizations, 73,000 do not have their own premises, many are “registered” in apartments,” the expert concluded.
Dmitry Tomilin, director of the NOU “First Musical School”, spoke about the practice of providing premises by the regions. In his speech, he emphasized that the rules for submitting applications to SO NPOs operating in Moscow are often non-transparent and selective, and the city property department avoids concluding lease agreements. It is extremely difficult to find premises for NGOs on your own.
“It is not clear where a single list of premises is published. In addition, in all new buildings, a mandatory number of square meters must be allocated for social organizations working with the public. Developers will simply not be allowed to build if they do not provide such a quota. However, in practice, premises are rarely allocated: the property department receives such premises, but registers them as property and gives them away for completely different purposes. Thus, the premises are no longer included in this list, and NCOs cannot apply for it,” Dmitry Tomilin said.
This fact demonstrates that the authorities do not have a strategy for the development of SO NPOs, the expert believes. There should be a list of premises that are supposed to be given to social goals, and in the event of “leaving” these premises, there should be a procedure for their return and a competition for SO NCOs in need of premises.
The experts also gave examples from the practice of NGOs in Moscow, Smolensk, Perm and other regions. Common to all entities is the lack of a unified approach to the systemic support of SO NPOs: there is no unified register of premises for organizations, criteria for considering applications and, in general, the principles of operation and support of SO NPOs.
Member of the Central audit commission ONF, President of the Smolensk Regional public organization"Give children good" Natalya Aksenova said that in countryside there is a possibility of using school premises and other state budget premises: they themselves would be happy to help organizations providing social services important to the population. However, the law currently prohibits this practice.
Another example: in the Perm Territory, the non-profit organization "Territory of the Family" also lost its premises. The Perm City Duma has currently suspended the transfer of NPO premises for free use until October 1, 2017, which, according to experts, contradicts not only the execution of the presidential order, but also the legislation of the Russian Federation. Criteria for considering applications from SO NPOs in the region have not been developed either.
“If we talk about Moscow, then compared to other regions, it can be proud of its experience in providing property support to NGOs, because over the years there have been more than 400 NGOs that work in club premises at the place of residence. These premises are provided under a social contract. However, we are concerned that in the near future, non-profit organizations will most likely have to pay for their own public utilities, and as a result, NGOs that worked with the population free of charge will have to think about making services paid or looking for other sources of funding,” said Inna Berezkina, Chairman of the Board of the Moscow Regional Knowledge Society.
In general, if NGOs are active, they find job opportunities, but they need to be assisted, which, among other things, should come from governments. In the city, according to the expert, the dialogue platform with club NGOs has disappeared, young specialists who are unfamiliar with the essence and methods of work of club NGOs have come to councils and prefectures. She also proposed to train specialists in city administrations to work together with NPO specialists, which will help eliminate gaps in communication between the authorities and NPOs and build a constructive dialogue.
“According to the Ministry of Economic Development of the Russian Federation, in 2016 the leaders in terms of the area of non-residential premises transferred to SO NPOs are the Moscow Region, the Murmansk Region and the Republic of Kalmykia. As of September 2016, competitive distribution of premises among NGOs is practiced only in eight regions. Together, we need to develop a set of proposals to solve the problems faced by SO NPOs, and start by creating a unified register of premises for such organizations. Only openness and transparency of all procedures will help NGOs to fulfill important social functions for the purpose of which they were created,” summed up Oksana Koroteeva.
The event, organized by the Popular Front, was attended by ONF activists and public figures from 57 regions, representatives of public organizations and executive authorities.
Department of Labor and social protection provides 50 premises for non-profit organizations. The premises will be distributed on a competitive basis. Non-profit organizations will be able to occupy new areas in December 2019 and throughout 2020.
Which organizations will be able to apply for free offices and what spaces NGOs need today, were discussed in the capital's My Career center by representatives of the department and the non-profit sector.
“We want to create conditions that will help us and you to be more useful to people in need of help,” says Alexandra Alexandrova, First Deputy Head of the Department of Labor and Social Protection of the Population of the City of Moscow. — We have 50 vacant premises owned by the department. And we decided to give them to NGOs, because anyway we are all doing a common thing - social assistance residents of the capital. NGOs are our partners. Therefore, we would like to transfer empty spaces on mutually beneficial terms.”
According to Alexandrova, every room needs renovation. Until the end of 2019, it is planned to commission 20 objects. To make it clear by the end of the repair who will occupy this or that office, the authorities want to hold a competition among non-profit organizations in advance.
Objects ranging from 55 to 362 square meters are located in nine districts of Moscow. Each office will have security and fire alarms, internet access, air conditioning and office furniture. Organizations can design the space as they wish.
“One of the most important needs for NGOs is offices,” emphasizes Elena Topoleva, director of ASI. “It’s great that now the authorities are consulting with the non-profit sector, suggesting that they themselves think and discuss the arrangement and equipment of these premises, which NGOs and under what conditions to provide space.”
Competitive selection
The terms of the competition are still under development. It is not yet known when applications will begin. But it is obvious that already proven organizations that have been operating for more than three years, financially stable and with transparent reporting will be able to apply for the premises.
Elena Alshanskaya, the president charitable foundation"Volunteers to help orphans", believes that the premises should be given for the activities of organizations, and not for the project.
Photo: Elena Almazova “It is important to create space for the needs of NGOs and those for whom a particular organization works,” says Alshanskaya. - The city is also interested in increasing the number of social services provided, increasing the volume of assistance to the population. Therefore, it is better not to focus on offices, but to provide premises for working with people.”
However, the opinions of the participants of the discussion were divided on the question of whether to give strictly one organization one room or still it is possible to divide the space between several applicants. For example, centers working with children are ready to team up with volunteers and youth organizations.
“We need to enable organizations to submit a comprehensive application. If they agree on a specific general activities and understand how these premises will be used, then, in my opinion, this is a big plus. Thus, the premises will definitely not be idle, ”I’m sure Yuri Belanovsky, head of the volunteer movement "Danilovtsy".
Organizations providing psychological assistance to the population or rehabilitation services would like to receive a separate room.
“One room, one organization,” says Leonid Tarasov, Director of the Center for Socio-Cultural Animation "Spiritualization". - It is convenient from the point of view of doing business. Also, its own atmosphere should be created, especially if there are beneficiaries with disabilities. In this case, the space is also adjusted to the characteristics of people. The participants in the discussion noted that all premises provided by NGOs should be equipped with ramps for access by people with disabilities.
“The contract should be concluded for three years with the possibility of prolongation based on the results of an assessment of the organization's work. The room should not be idle. The type of activity that was indicated in the application must be true. If it doesn’t match, then the contract can be terminated with such an organization,” Elena Alshanskaya believes.
The expert also believes that commercial activity You can't give rooms for free. Exceptions may be made for social service providers.
Discussing who will pay for cleaning, security and maintenance (city or NPO), the participants of the meeting came to the conclusion that this should be detailed in the terms of the contract.
At the end of the discussion, Yuri Belanovsky suggested that the Moscow authorities assist in creating outdoor signs for organizations so that people know where to turn for help.
At present, the country's leadership pays much attention to the development of civil society, which characterizes the totality of various forms of social activity of the population, not due to the activities government agencies by creating public organizations, associations, foundations. This attention is also noticeable in the creation of such institutions as Public Chambers in the territory of the Russian Federation.
Veterans public organizations are one of the most actively working public organizations seeking to solve the most pressing and significant issues of social problems of veterans, combat invalids and their families, help in creating an effective social infrastructure.
Article 31.1 of the Federal Law of January 12, 1996 No. 7-FZ "On non-profit organizations" The Government of the Russian Federation provided for the possibility of providing support to socially oriented non-profit organizations, which, among other things, is carried out in the form of property.
Paragraph 6 of the above article determines that the provision of property support to socially oriented non-profit organizations is carried out by state authorities and local governments by transferring state or municipal property.
As part of the implementation of this Law, public veteran organizations of the city were given the opportunity to rent municipal real estate, exist and develop. Funds for the implementation of statutory activities are earned by organizations on their own, first of all, veterans, residents of the city and the region are employed in the created jobs. At the same time, the vast majority of our organizations regularly pay rent and comply with all conditions stipulated by the treaties lease, that is, they are bona fide tenants.
In order to create favorable conditions for the development of small business in our country, the Law of July 22, 2008 No. No. 159-FZ "On the peculiarities of the alienation of real estate that is in state ownership of the constituent entities of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts Russian Federation” according to which small and medium-sized businesses in Russia were granted a number of preferential rights for the priority purchase of leased property, but unfortunately, this did not affect public organizations renting real estate at all.
Law No. 159-FZ is based on another Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation" and only small and medium-sized businesses, individual entrepreneurs and commercial organizations. At the same time, the interests of public organizations that do not belong to small and medium-sized businesses, but rent state and municipal property for their activities, were completely ignored.
It is quite obvious to us that none of the organizations that make up the Chamber of Veterans will be able to buy out the leased premises at a commercial price at an open auction or tender. Unfortunately, the legislation does not offer us another option.
The possibility of being included in the list of tenants who could continue to lease space is also provided only for small and medium-sized businesses and for organizations that form the infrastructure to support small and medium-sized businesses, which is expressly stated in part 4 of Art. 18 of the Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation". Since the order of the administration of the city of Krasnoyarsk No. 74-zh dated January 30, 2009, is based on this federal law, it also does not take into account the interests of public organizations, tenants of non-residential property. Thus, similar support for public organizations is completely absent.
This issue has been raised by us at various levels of government for quite a long time.
In response to our appeal to the President of the Russian Federation on the merits of the issue, it is explained that the provision of support to socially oriented non-profit organizations, charitable activities, volunteering in accordance with paragraph 33 of Part 1 of Art. 16 of the Federal Law of October 6, 2003 No. 131-FZ "On general principles organizations of local self-government in the Russian Federation” refers to issues of local importance and in this regard, a socially oriented non-profit organization can be provided for free use of municipal property owned by the city district and intended to support organizations engaged in such activities on the territory of the city district.
Clause 2 of the Rules for granting federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis, approved by Decree of the Government of the Russian Federation of December 30, 2012. 1478 "On property support of socially oriented non-profit organizations" it is established that the provision of non-residential premises for the possession and (or) use of a non-profit organization is subject to the prohibition of the sale of state property transferred to organizations, the assignment of the rights to use it, the transfer of the rights to use it as a pledge and the introduction of the rights of use such property in authorized capital any other business entity.
In part 1 of Article 17.1 of Federal Law No. 135-FZ of July 26, 2006. "On Protection of Competition" stipulates that the conclusion of lease agreements, agreements for gratuitous use, agreements trust management property, other agreements providing for the transfer of ownership and (or) use rights in relation to state or municipal property not secured on the right of economic management or operational management, can be carried out only on the basis of the results of tenders or auctions for the right to conclude these agreements, with the exception of: non-profit organizations created in the form of associations and unions, religious and public organizations (associations) (including political parties, public movements, public funds, public institutions, bodies of public amateur performance, trade unions, their associations (associations), primary trade union organizations), associations of employers, associations of homeowners, socially oriented non-profit organizations, provided that they carry out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as other types of activities provided for by Article 31.1 of the Federal Law of January 12, 1996 No. 7-FZ "On non-profit organizations".
These are one of the few conditions that really allow non-profit organizations to feel secure and carry out their statutory activities without fear of losing the provided non-residential premises (in practice, we are warned that the premises we rent will soon be sold anyway).
It turns out that an entrepreneur who earns money for himself personally is more socially significant for the state than a public organization of veterans that conducts statutory activities and then decides at its own expense important social problems veterans and family members of fallen soldiers.
According to the above Rules, non-residential premises are provided to the organization for possession and (or) use on the terms of providing non-residential premises for free use or rent for 5 years. However, as a rule, the municipality does not have free space and, in fact, there are extremely rare cases when the authorities provide non-residential premises to non-profit organizations for free use (we do not know about them), that is, in fact, public organizations are currently ordinary tenants, who also turned out to be in a worse position than commercial and there is no certainty that after the expiration of the specified period of the contract, the lease will be extended.
Our organizations carry out major repairs of rented premises, improve the territory adjacent to them, change communications, etc. on their own. Some organizations have invested heavily in leased premises precisely because they intended to use these premises for a long period, taking into account the renewal of the lease. As a rule, the improvements made were not included in the rent offset, i.e. were sunk costs of associations.
Let us especially note that the above problem concerns not only veteran public organizations, all public and non-profit organizations renting municipal areas in the territory of the Russian Federation face this problem, and therefore we believe that the solution this issue does not tolerate delay.
In view of the foregoing, we ask you to make amendments to the necessary legislative acts that will take into account the interests of public organizations and other bona fide tenants who lease real estate from the municipalities of the Russian Federation, and, regardless of the legal form of the legal entity, provide the possibility of a pre-emptive right to buy at market value in good faith leased property on terms similar to the terms of redemption by bona fide tenants, small and medium-sized businesses.
Please note that in this case we are not talking about the provision of redemption of non-residential premises at a reduced price (to the detriment of the budget). We are ready to buy at market value, but subject to the preemptive right to buy, which is currently granted to small and medium-sized businesses.
We hope that you will appreciate the importance of the voiced problem and will continue to contribute to the resolution of pressing issues and actively participate in the life of public organizations in general, and veterans in particular, which will allow you to solve problems that require legal regulation as quickly as possible, and will help strengthen interaction authorities and society.
