Social movement (law). Registration of a public movement What is the highest governing body of a public movement

ST. 30 of the Constitution establishes the possibility of citizens to unite and defend their collective interests. This ensures the development of civil society institutions. One of the forms of realization of this right is a social movement.

The concept and signs of social movement

The general features that characterize a social movement are listed in Art. 123.7-1 of the Civil Code and in Art. 9 of the Law "On Public Associations".

It has the following features:
Social movement - non-profit organization... The goals of its creation are not related to the extraction and distribution of profits between the participants.
It is not obligatory state registration... Unlike commercial legal entities, a public or socio-political movement is considered created from the moment the relevant decision is made.

However, the emergence of legal capacity is linked to the state registration procedure.

Serves as a voluntary association of citizens based on community of interests and unity of goals. Members of a social movement join it on the basis of their own beliefs and desires. These may include legal entities.
Has no membership. All citizens who support its activities in one way or another become members of the social movement. Unlike a political party, participation in such an association does not imply the issuance of a document confirming membership in it.

Due to these characteristics, the following definition can be obtained.

A public movement is a public association created by citizens and (or) legal entities on the basis of a community of interests, pursuing any socially useful goals, having no membership and acquiring the rights of a legal entity after the state registration procedure.

Types of social movements

The Law "On Public Associations" and the Civil Code establish an open list of goals pursued by public movements. This serves as a convenient basis for classification.

Among them are social and political.

The former presuppose the actions of the association aimed at the development of society. Often, the purpose of such movements is the desire to draw the attention of society to a particular problem. Examples are animal welfare organizations, selected categories citizens (disabled people, war veterans and others).

A political social movement is not a form of a struggle for power (only political parties can be actors in this area), but a way to influence elected officials and officials on a particular issue.

This can be called public lobbying. Examples are socio-political movements advocating the abolition of the death penalty, the adoption or abolition of a law that establishes certain rights.

Although the list of goals is open-ended, any of them is related to the social or political sphere of society.

Legal regulation of participation in the work of public movements

According to Art. 18 of the law, public or socio-political movements can be created by at least 3 individuals or legal entities that are public associations.

The founders become participants at the time of the decision to create this organization at a general meeting, congress or conference.
Art. 19 of the law sets requirements for participants. They can be citizens who have reached the age of majority.

The exception is youth social and socio-political movements. The rights to participate in them arise from the age of 14. Another exception is children's social movements, where citizens can join from the age of 8.

These norms provide for a number of restrictions.

The following categories of persons do not have such a right:

Foreigners or stateless persons whose stay in Russia is undesirable. The relevant rules should provide for the procedure for their recognition.
Defendants in the list of persons associated with the financing of terrorism and money laundering.
Public associations recognized as extremist.
Persons whose activities have been recognized as extremist on the basis of court decisions.
Persons imprisoned by a court sentence and serving a sentence in places of deprivation of liberty.

Features of registration of public movements

Public or socio-political movements are registered in a different manner than a commercial organization.

Unlike the latter, this procedure is carried out by the Ministry of Justice. The submitted documents undergo a more thorough check.

They must not contain provisions of an extremist nature. In addition, the charter is being tested to see if the rights of the members are being violated.

Before registration, it is advisable to transfer the documents to lawyers for preliminary examination, since any inconsistency with the law will lead to refusal.

Motion control

The development of social movements is impossible without management. Art. 9 of the law stipulates that the body performing such functions must be collegial.

It is he who exercises the civil legal capacity of the social movement.

This body manages all the property of the association, which is necessary to ensure its activities.

Movable and immovable property, securities, as well as other objects of civil rights can serve as such.

A public movement (hereinafter referred to as the Movement) is a non-profit public association created at the initiative of a group of citizens on the principles of self-government and on the basis of a community of interests, for the implementation of the goals specified in the Charter.

A public movement is a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement.

The main provisions of the creation and operation of social movements:

A social movement is a non-membership public association, i.e. from the moment of state registration of a public movement, the persons who founded the public movement become its participants.

A public movement can be created by citizens and (or) legal entities (public associations) (Public movement can be established by at least three persons).

According to the territorial sphere, the social movement is divided into:

All-Russian social movement (a movement that operates in the territories of more than half of the subjects Russian Federation and has its own structural divisions there - organizations, departments or branches and representative offices);
Interregional social movement (a movement that operates in the territories of less than half of the constituent entities of the Russian Federation and has its own structural divisions there - organizations, departments or branches and representative offices);
Regional social movement (a movement whose activities are carried out within the territory of one subject of the Russian Federation);
Local social movement (such movement, the activity of which is carried out within the territory of the local government).

The founding document of the Public Movement is The charter.

The supreme governing body in the Social Movement is the Congress (Conference) or General Meeting.

The permanent governing body of the Social Movement is an elected collegial body (Board, Council, etc.), accountable to the Congress (Conference) or the General Meeting.

The movement has the following rights and capabilities

to acquire property and personal non-property rights on its own behalf;
be a plaintiff and defendant in court;
in the interests of achieving the statutory goals, make transactions that comply with the statutory goals of the Movement and the legislation of the Russian Federation, both on the territory of the Russian Federation and abroad;
have an independent balance sheet, ruble and foreign currency accounts in banking institutions, a round stamp with its name;
have their own flag, stamps, emblems, pennants and other symbols subject to state registration and accounting in the manner prescribed by the legislation of the Russian Federation;
freedom to define your internal structure, forms and methods of their activities.

Price list for registration actions of the Public Movement

Type of service	Cost in Russian rubles	Period of execution
Registration of the Public Movement	from 40,000 (depending on the territorial scope of activity)	from 3 months
Changes to the Public Movement	by agreement	from 1 month
Reorganization through mergers, acquisitions, divisions and separations	by agreement	from 3 months
Reorganization by transformation	by agreement	from 3 months
Liquidation of the Social Movement

Public organization- non-governmental / non-governmental voluntary association of citizens on the basis of common interests and goals. Sometimes the term “third sector” (public) is used in addition to the public and private sectors.

The term has a legal meaning - in Article 8 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations" it says:

"A public organization is a membership-based public association created on the basis of joint activities to protect common interests and achieve the statutory goals of the united citizens."

Individuals and legal entities - public associations may be members of a public organization in accordance with its charter, unless otherwise provided by this Federal law and laws on certain types public associations.

The presence of membership of a public organization differs from a public movement in which membership is not required.

The highest governing body of a public organization is a congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting.

Social movements(the phrase is often used social movements) - a type of collective action or association, the attention of which is focused on specific political or social problems. A social movement is also called an organized collective effort that promotes or hinders, to the point of abolishing, social change.

Social and political organizations and movements Are voluntary associations of people for the expression and realization of public interests by means of "pressure" on the public authorities.

They represent diverse groups of people with specific goals and demands for political power that cause their collective action (trade unions, youth and women's movements, ethnic and religious groups, associations, etc.). As a rule, people who are not satisfied with the activities of certain parties, who do not want to limit themselves to the framework of their charters and programs, and who do not have clearly expressed political interests, join the movement. Public organizations Is a tool for fulfillment of needs, social and political interests of people. They have a wide, massive and rolling stock of participants, a large territorial and national representation. The social base of the movements is wide, variegated - representatives of various social, ideological, national, confessional and other groups may belong to the same social movement.

Signs of a socio-political organization are: broad social basis, mass character, independence, efficiency, direct expression of the interests of the people, recognition of power and opposition to it. Social and political movements, as a rule, adhere to only one political concept and seek solutions to one major political problem, have one goal, and not a set of goals (like a party).

Social and political movements without striving for power, they try to influence it, drawing the attention of this power to the solution of their problems. The center of political activity in the socio-political movement is its core (vanguard) - initiative groups, clubs, unions, etc. Unlike a political party, the social and political movement lacks a formal internal hierarchy, a clearly expressed permanent membership and corresponding documents (program, charter, etc.).

The task of public organizations- expression, protection and implementation of the interests of various social, professional, age and other groups of society.

Basic types social and political organizations: unions and associations, assemblies and associations, chambers and committees, armed groups and pressure groups.

Types of social and political movements:

- depending on the field of activity: socio-political, ethnopolitical, confessional, economic, environmental, anti-war, scientific, etc .;

- depending on the goals: revolutionary and counter-revolutionary, reformist and conservative, national-democratic and general democratic;

- depending on the number of participants: mass or elite;

- depending on the place in the political spectrum: left, center and right;

- depending on the scale of the activity: local, regional, federal, interstate, etc .;

- depending on the social composition: professional, female, youth;

- depending on the nature of the occurrence: deliberately organized and spontaneous;

- depending on the methods of action: violent and non-violent.

The legal status of social movements in the Russian Federation is enshrined in the Federal Law “On Public Associations”. Generally legal status a public movement is identical to the status of a public organization, except for the absence of membership: the entry of persons into participants in a public movement may not be formalized by individual statements or other documents (unless otherwise specified by the charter of a particular movement).

The highest governing body of a social movement is a congress (conference) or general meeting. Also, each movement must have a permanent governing body of the social movement - an elected collegial body accountable to the congress (conference) or general meeting.

Public movements, like other forms of public associations, can register in the manner provided for in article 21 of the Federal Law "On Public Associations", and acquire the rights of a legal entity, or operate without state registration and acquisition of rights legal entity... In the case of state registration of a public movement, its permanent governing body exercises the rights of a legal entity on behalf of the public movement and performs its duties in accordance with the charter.

The rights of public associations (including public movements) are enshrined in Article 27 of the Law "On Public Associations". In particular, it provides for the right to participate in elections and referenda in accordance with the procedure established by the legislation of the Russian Federation.

The socially useful goals pursued by social movements can be: social, charitable, cultural, educational, scientific, development physical culture and sports, meeting the spiritual and other intangible needs of citizens, as well as other goals aimed at achieving public goods.

The real position of social movements (both registered and unregistered) in the Russian legal field is undergoing constant evolution, passing through various stages. Since the early 1990s, the degree of state control over the activities of social movements and the level of their state support have changed periodically in Russia.

Types of social movements

In general, legislatively legal position public movement does not differ from other types of public associations (with the exception of political parties). So, there may be:

youth social movements (participants of which can be citizens who have reached the age of 14);
children's social movements (participants of which can be citizens who have reached the age of 8).

In the territorial sphere of activity, there can be created and operate the following types social movements:

all-Russian (they carry out their activities in accordance with the statutory goals in the territories of more than half of the constituent entities of the Russian Federation and have their own structural divisions there - organizations, departments or branches and representative offices);
interregional (they carry out their activities in accordance with the statutory goals in the territories of less than half of the constituent entities of the Russian Federation and have their own structural divisions there - organizations, departments or branches and representative offices);
regional (whose activities in accordance with its statutory goals are carried out within the territory of one constituent entity of the Russian Federation);
local (whose activities in accordance with its statutory goals are carried out within the territory of the local government).

Social movements and political parties

Previously, in accordance with the federal law "On Political Parties", all-Russian public movements (as well as all-Russian public organizations) could be transformed into political parties, which was one of the two forms of creating political parties provided by law. In this case, the congress of the all-Russian social movement made a decision on the transformation of this all-Russian social movement into a political party, on the transformation of its regional divisions in the constituent entities of the Russian Federation into regional branches of a political party, on the adoption of the charter of a political party and on the adoption of its program, on the formation of leading and control - the inspection bodies of a political party. A new political party was considered to be created from the date of making a corresponding entry in the Unified State Register of Legal Entities.

At the same time, after the entry into force of the Federal Law "On Political Parties" in 2001, a reverse process took place: political parties that did not meet the strict requirements of this law (in particular, in terms of the number of members and regional branches) were often transformed into all-Russian social movements ...

In May 2015, the new law on political parties, which prohibits the creation of new parties from social movements. Also, social movements are prohibited from using the word "party" in their names.

Under a public association means a voluntary, self-governing, non-profit formation, created at the initiative of citizens, united on the basis of a community of interests for the implementation of common goals specified in the charter of a public association. The content of the citizens' right to association, the main state guarantees of this right, the status of public associations, the procedure for their creation, operation, reorganization and (or) liquidation are regulated by the Federal Law "On Public Associations", the Civil Code of the Russian Federation and other laws on certain types of public associations.

Public associations can be created in one of the following organizational and legal forms:

Ø public organization;

Ø social movement;

Ø public fund;

Ø public institution;

Ø body of public amateur performance;

Ø political party.

Public organization is a membership-based public association created on the basis of joint activities to protect the common interests and achieve the statutory goals of the united citizens. The highest governing body of a public organization is a congress (conference) or general meeting. The permanent governing body of a public organization is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public organization, its permanent governing body exercises the rights of a legal entity on behalf of the public organization and performs its duties in accordance with the charter.

Public organizations represent voluntary associations of people with the aim of realizing their common interests and social activity(for example, the activities of environmental organizations, creative unions and voluntary societies for the preservation of cultural monuments). Their activities are not limited to participation in government, although they often acquire a political character. It should also be emphasized that public organizations - these are amateur groups that do not obey external instructions (except for the laws of the state) and are guided in their activities by special regulatory documents- statutes.

Social movement is a mass public association, consisting of members and not having membership, pursuing social, political and other socially useful goals supported by members of the public movement. The highest governing body of a social movement is a congress (conference) or general meeting. The permanent governing body of a social movement is an elected collegial body accountable to the congress (conference) or general meeting. In the case of state registration of a public movement, its permanent governing body exercises the rights of a legal entity on behalf of the public movement and performs its duties in accordance with the charter.

Public movements differ from public organizations not only in that they can unite many organizations, including political parties, and often of different and even opposite orientations. In some cases, signs of organization and movement are combined (in the popular fronts). An example of such a mass movement is the All-Russian Popular Front, created on the initiative of V. Putin with the aim of combining the efforts of public organizations with the ruling United Russia party. Usually movements are created to perform a specific task. Here is how, for example, V. Putin defines the tasks of the All-Russian Popular Front:

“We are creating the Popular Front so that all constructive ideas are in demand, so that civil society - youth, women's, veteran organizations, business circles, trade unions and associations - was additional opportunity directly, directly participate in the development of the most important government decisions ”.

It is possible to distinguish such types of social movements as elite and mass, conservative and protest movements, reformist and revolutionary, violent and non-violent; depending on the object of the struggle - anti-war, human rights, environmental, etc .; according to the social composition - youth, women, national, workers, peasants, etc.

The characteristic features of social movements are:

1) relative diffuseness, a lower level of organization;

2) a high degree of spontaneity, weak institutionalization.

Spontaneously emerging social movements are always caused by people's dissatisfaction: some believe that everything needs to be changed urgently, others fiercely resist changes that do not suit them.

Social movements require leaders who can formulate the goals of the movement and lead the masses. A movement can be led by a single leader, a group of leaders (including hierarchically organized ones), or leadership groups competing for influence.

The fate of social movements is different. If a significant part of society supports the goals of the movement, then it has a good chance of institutionalization, otherwise the movement is likely to disintegrate. Moderate state opposition can be helpful in lending moral authority to a movement, but the harsh measures of a totalitarian state can wipe out the movement completely.

Thus, public organizations and social movements are special institutions of the political system along with the state and parties. Unlike state entities these organizations have no powers of authority and cannot make generally binding decisions. Public organizations participate in the decision political issues societies, but do not directly rule as state institutions.