On Production Cooperatives

Original Language Title: О производственных кооперативах

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RUSSIAN FEDERATION FEDERAL LAW About production cooperatives adopted by the State Duma on April 10, 1996 Federal laws of 14 May 2001 N 53-FZ; dated 21.03.2002. N 31-FZ; of 18.12.2006 N 231-FZ; of 19.07.2009 N 205-FZ; dated 30.11.2011. N 362-FZ) CHAPTER I. GENERAL PROVISIONS Article 1. The concept of a production cooperative Production Cooperative (Artel) (hereinafter co-operative) recognizes the voluntary association of citizens on the basis of membership for joint productive and other economic activities based on the Their personal labour and other participation and the association of members (participants) with property sticks. The founding document of a cooperative may include participation in its activities by legal entities. The cooperative is a legal entity, a commercial organization. Article 2. Relationships governed by this Federal Law 1. This Federal Law regulates relations arising from the formation, operation and termination of cooperative enterprises engaged in the production, processing, marketing, trade, construction, consumer and other trades. services, mining, other natural resources, secondary raw material collection and processing, research, development and medical, legal, marketing and others prohibited by law. 2. The characteristics of the establishment and operation of agricultural production cooperatives are defined by the Law on Agricultural Cooperation. Article 3. Cooperative legislation Cooperatives operate on the basis of the Constitution of the Russian Federation, the Civil Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Constitution of the Russian Federation. Chapter II. EDUCATION OF KOREA Article 4. The procedure for forming a cooperative Cooperatives is made solely by the decision of its founders. The number of members of the cooperative cannot be less than five. Members (participants) of a cooperative may be citizens of the Russian Federation, foreign nationals and stateless persons. The legal entity participates in the activities of the cooperative through its representative in accordance with the charter of the cooperative. Article 5. Charter of the Cooperative 1. The founding document of the cooperative is the statute approved by the general assembly of the members of the cooperative. The Co-operative name of the cooperative must contain its name and the words "production cooperative" or "artel". Other requirements for the company's trade name are established by the Civil Code of the Russian Federation THE RUSSIAN FEDERATION (In the wording of Federal Law No. N 231-FZ 2. The charter of the cooperative should define the co-operative name of the cooperative, the location of the co-operative, and provide terms of the size of the members ' contributions to the cooperative; the composition and the order in which the members of the cooperative will be paid by members of the cooperative and on their contributions. Liability for breach of obligations to make such contributions; the nature and manner of the labour and other participation of members of the cooperative in its activities and their responsibility for the violation of personal labour and other participation obligations; distribution of the profit and loss of the cooperative; the size and the conditions of the subsidiary The responsibility of the members of the cooperative on its debts; the composition and competence of the cooperative bodies and their decision-making powers, including those on which decisions are taken unanimously or by qualified majority; The procedure for payment of the value of a person who has ceased to be a member of the cooperative; the procedure for joining the cooperative; the procedure for leaving the cooperative; and the procedure for excluding members; Cooperative society; establishment of cooperative assets; list of branch offices; and of the Cooperative; on the reorganization and liquidation of the cooperative. A cooperative's constitution may contain other information necessary for its activities. Article 6. State registration of the cooperative 1. State registration of a cooperative is carried out in accordance with the procedure established by law. 2. The list of documents submitted for the State registration of a cooperative is determined in accordance with the legislation of the Russian Federation. (Paragraph 3 is excluded-Federal Law of 21.03.2002. N 31-FZ 3. The changes to the charter of the cooperative are made in the prescribed manner.(Para. 3 as amended by the Federal Law) 21.03.2002. N31 FZ CHAPTER III. RIGHTS AND RESPONSIBILITIES OF THE KOREA Article 7. Membership in the cooperative 1. The members of the cooperative may be a member of the cooperative charter established by a citizen of the Russian Federation who has reached the age of 16. The size and order of the financial contribution shall be determined by the charter of the cooperative. Foreign nationals and stateless persons may be members of the cooperative on an equal footing with citizens of the Russian Federation. 2. The number of members of the cooperative who have contributed to the activities of the cooperative but who do not participate in the activities of the cooperative may not exceed twenty-five per cent of the number of members of the cooperative receiving personal labour. Participation in its activities. 3. In the event of the death of a member of the cooperative, his or her heirs may be admitted to membership of the cooperative unless otherwise provided for in the charter of the cooperative. Otherwise, the co-operative pays the heirs the value of the deceased member's deceased member, the wages, bonuses and payments to the deceased. Article 8. Basic rights and duties of the member of the cooperative 1. A member of the cooperative has the right: to participate in the production and other economic activities of the cooperative, as well as in the general meeting of the members of the cooperative, with the right to vote; to elect and be elected to an observatory Council, executive and supervisory bodies of the cooperative; make proposals for the improvement of the activities of the cooperative, elimination of deficiencies in the work of its organs and officials; Distribution among its members, as well as other benefits; Request information from cooperative officials on any issues of its activity; leave it out of the cooperative and obtain the payments under this Federal Act and the charter of the co-operative; to seek judicial protection of their rights, including to appeal against the decisions of the cooperative governing bodiesthat violate the rights of a member of the cooperative. (In the wording of the Federal Law of 19.07.2009) N 205-FZ) Members of the cooperative who take personal labour in the activities of the cooperative have, in addition, the right to receive payment for their work in cash and/or in kind. 2. A member of the cooperative is obliged: to make a contribution; to participate in the activities of the cooperative personally, or by making an additional contribution, the minimum size of which is determined by the charter of the cooperative; Comply with the members of the cooperative who participate in the activities of the cooperative, the rules of the internal order; carry the subsidiary body provided for by this Federal Act and the charter of the cooperative Responsibility for the debts of the cooperative. CHAPTER IV. OPPERATIVE Article 9. Coop property 1. The Cooperative has the right to own any property, except for property under the federal or other state or municipal law of the Russian Federation. 2. The property of the cooperative is formed by means of the members of the cooperative provided for by its charter, profit from its own activities, loans, property donated by natural and legal persons, other legal entities Sources. 3. The property owned by the cooperative is divided into membership in accordance with the charter of the cooperative. The Pai consists of a member's share of a cooperative member and the corresponding share of the net assets of the cooperative (excluding the indivisible fund). The constitution of the cooperative defines the composition and the procedure for determining the size of a member of the cooperative. 4. A member of the cooperative is entitled to transfer his or her share to another member of the cooperative, unless otherwise provided by the charter of the cooperative. The transfer of the share entails the termination of the membership of the cooperative. The transfer of a non-cooperative member to a non-cooperative member is permitted only with the consent of the cooperative. In this case, a citizen who has acquired a share (part of it) shall be accepted as a member of the cooperative. The members of the cooperative take advantage of the purchase of such a share (part thereof). The transfer of the share (part of it) is carried out in the manner prescribed by the charter of the cooperative. 5. A member of the cooperative may, on a contractual start, transfer its wealth and other means to the cooperative. Withdrawal or exclusion from the cooperative shall not constitute a unilateral termination or modification of the relationship of a member of the cooperative and of the cooperative with respect to the transferred property, unless otherwise stipulated by the agreement of the parties. 6. Cooperative does not have the right to issue shares. Article 10. The Cooperative Foundation's Pa. 1. A member of the cooperative is required to make at least ten per cent of the share of the contribution at the time of the State registration of the cooperative. The rest of the share is paid during the year following the State registration of the cooperative. 2. A member of the cooperative may be a member of a cooperative, such as money, securities, other property, including property rights, and other civil rights. Land and other natural resources may be a contribution to the extent permitted by land and natural resources laws. The assessment of the mutual contribution shall be made at the formation of the cooperative by mutual agreement of the members of the cooperative on the basis of the prices prevailing on the market, and when new members join the cooperative commission appointed by the board of the cooperative. The assessment of the paw contribution exceeding the 50 federal minimum wage standard must be made by an independent appraiser. (In the wording of Federal Law from 14.05.2001 N 53-FZ ) The size of the contribution shall be established by the charter of the cooperative. The Charter of the cooperative should provide for the liability of a member of the cooperative for violating its obligation to make a contribution. 3. The amount of the pledge is a pav fund of the cooperative. The cooperative's mutual fund defines the minimum size of the property of a cooperative that guarantees the interests of its creditors. The fund must be fully constituted during the first year of the cooperative operation. 4. The general meeting of the members of the cooperative is required to declare a decline in the size of the cooperative's equity fund if, at the end of the second or every subsequent year, the value of the net assets is less than the value of the cooperative's equity fund and to register This is a decrease in the established order. 5. The value of the net assets of the cooperative is determined by the accounting records in the manner established by the authorized Government of the Russian Federation by the Federal Executive. (The paragraph is supplemented by the Federal Law of 30.11.2011). N 362-FZ) Article 11. Cooperatives 1. The cooperative's charter may establish that a certain portion of the property belonging to the cooperative is an indivisible foundation of the cooperative used for purposes determined by the charter of the cooperative. The decision on the formation of an indivisible foundation of a cooperative shall be taken by unanimous decision of the members of the cooperative, unless the charter of the cooperative provides otherwise. The property that forms the indivisible foundation of the cooperative is not included in the members of the cooperative. The property shall not be recovered from the personal debt of a member of the cooperative. 2. The cooperative's statute may provide for other funds to be formed by the cooperative. Article 12. The distribution of the profits of the cooperative 1. Profit of the cooperative is distributed among its members in accordance with their personal labour and/or other participation, the size of the share contribution, and between the members of the cooperative who do not take personal labour in the activities of the cooperative, respectively the amount of their contribution. By decision of the general meeting of the members of the cooperative, part of the profits of the cooperative may be distributed among its employees. The procedure for the distribution of profits is provided for by the charter of the cooperative. 2. The distribution among the members of the cooperative is subject to the profits of the cooperative, which remains after taxes and other mandatory payments, and after the profit has been made for other purposes defined by the general meeting of the members of the cooperative. The cooperative, distributed among the members of the cooperative in proportion to the size of their contributions, should not exceed fifty per cent of the income of the cooperative to be distributed among the members of the cooperative. Article 13. The responsibility of the cooperative and its members on the obligations of the cooperative 1. The Cooperative is responsible for its obligations to all property belonging to it. Subsidiary responsibility of members of a cooperative on the obligations of a cooperative is determined in the manner prescribed by the charter of the cooperative. 2. The cooperative does not meet the obligations of its members. 3. Recourse to a member of the cooperative on his personal debt is permitted only if the other property is insufficient to cover such debts in the manner prescribed by the charter of the cooperative. A member of the cooperative cannot be called upon to become a member of the cooperative's undivided foundation. CHAPTER V. MANAGEMENT IN COOPERATE Article 14. Cooperatives 1. The general assembly of its members is the supreme body of the management of the cooperative. 2. In a cooperative with more than fifty members, a supervisory board may be set up. 3. The executive bodies of the cooperative are members of the board and/or the chairman of the cooperative. 4. Members of the Supervisory Board and members of the board of the cooperative, as well as the chairman of the cooperative, may be members of the cooperative only. 5. A member of the cooperative cannot be a member of the Supervisory Board and a member of the board (chair) of the cooperative. Article 15. General meeting of the members of the cooperative 1. The general assembly of members of the cooperative is entitled to consider and decide on any matter of education and the activities of the cooperative. The exclusive competence of the general meeting of the members of the cooperative includes: approving the charter of the cooperative, making changes to it; identifying the main activities of the cooperative; reception members of the cooperative and exclusion from the cooperative; establishing the size of the paev contribution, the size and the order of formation of the cooperative funds; determining their use; Education of the Supervisory Board; and the termination of the powers of its members, as well as education and Termination of the powers of the executive bodies of the cooperative if this right is not delegated to its supervisory board by the charter of the cooperative; election of the audit committee (auditor) of the cooperative, termination of its members ' powers; approval of annual reports and balance sheets, audit committee audit opinions (auditor), auditor; profit sharing and loss; reorganization and liquidation decisions (a) The establishment and liquidation of branches and offices Co-operative, adoption of provisions on them; resolution of questions on the participation of the cooperative in economic partnerships and societies, as well as on the joining of the union (association). " The exclusive competence of the general assembly of members of the cooperative may include other activities of the cooperative. 2. The general meeting of the members of the cooperative is entitled to make decisions if there are more than fifty per cent of the total number of members of the cooperative in the assembly. The general meeting of the members of the cooperative takes decisions by a simple majority of the members present at this meeting of the cooperative, unless otherwise provided by this Federal Act or the charter of the cooperative. Every member of the cooperative, regardless of the size of his or her share, has one vote in the general meeting of the members of the cooperative. Decisions to amend the charter of the cooperative, reorganization (excluding transformation into a business association or society) and the liquidation of the cooperative shall be made by three quarters of the members present at the general meeting of the members Co-operative. The decision to transform a cooperative into a economic partnership or a society is made by a unanimous decision of the members of the cooperative. The decision to exclude a member of the cooperative shall be taken by two thirds of the members present at the general meeting of the members of the cooperative. 3. The regular general meeting of the members of the cooperative shall be convened by the board (chair) of the cooperative and shall be held at least once a year within the time limits established by the charter of the cooperative, but not later than three months after the end of the financial year. An extraordinary general meeting of the members of the cooperative is convened by the board (chair) of the cooperative on its own initiative, the decision of the Supervisory Board of the Cooperative, the requirement of the Audit Commission (auditor) of the cooperative or on demand at least 10 per cent of the total number of members of the cooperative. Convening of an extraordinary general meeting of cooperative members on the decision of the Supervisory Board of the Cooperative, the requirement of the Audit Commission (auditor) of the cooperative or at the request of the members of the cooperative must be exercised by the board (Chairperson) of the cooperative within thirty days of the date on which the claim was made, or from the day of receipt of the decision of the supervisory board of the cooperative. Otherwise, the cooperative's supervisory board, the audit committee (auditor) of the cooperative or members of the cooperative who have claimed that it is entitled to convene a general meeting of the members of the cooperative on their own. 4. The agenda, date, place and time of the general meeting shall be announced in writing not later than twenty days before the date of the general meeting of the members of the cooperative. The general meeting of the members of the cooperative is not entitled to take decisions on matters not included in its agenda. In the same order, the general meeting of the members of the cooperative shall be reconvened if it has been postponed due to the lack of a quorum. 5. The general assembly of members of the cooperative and the voting procedure (public or secret) is defined by the general meeting of the members of the cooperative. 6. A member of the cooperative whose rights and interests are violated by the decision of the general assembly of members of the cooperative is entitled to appeal the decision to the court. 7. Issues which fall under the exclusive competence of the general assembly of members of the cooperative may not be referred to the decision of the supervisory board of the cooperative or the executive bodies of the cooperative. Article 16. Observant of the Cooperative 1. A cooperative of more than fifty members may establish a supervisory board that monitors the activities of the executive bodies of the cooperative and decides on other matters which are assigned to it by the charter of the cooperative Supervisory board. The Supervisory Board of the Cooperative is established by the members of the cooperative. The number of members of the Supervisory Board of the Cooperative and their term of office shall be determined by the general meeting of the members of the cooperative. The Supervisory Board shall elect a chairman of the Supervisory Board from its membership. A member of the Supervisory Board shall not at the same time be a member of the board of the cooperative or the chairman of the cooperative. The meetings of the cooperative's supervisory board are convened as necessary, but at least once every six months. Members of the cooperative's supervisory board are not entitled to act on behalf of the cooperative. 2. Issues that fall within the exclusive competence of the supervisory board of the cooperative may not be referred to the decision of the executive bodies of the cooperative. Article 17. The executive organs of the cooperative 1. The executive bodies of the cooperative are engaged in the day-to-day management of the cooperative. 2. A cooperative with more than 10 members shall be elected by the board. The board of the cooperative is elected by the general assembly from among the members of the cooperative for the period provided for by its statute. The cooperative's board directs the cooperative activity between the general assemblies of the members of the cooperative. The competence of the cooperative's board includes matters not reserved for the exclusive competence of the general assembly of members of the cooperative and the supervisory board of the cooperative. The Cooperative Management Board is headed by the Chairman of the Cooperative. 3. The chairman of the cooperative is elected by the general assembly from among the members of the cooperative. If the cooperative has a supervisory board, the chairman of the cooperative is approved by the general assembly of members of the cooperative on the presentation of the supervisory board of the cooperative. The authority of the chairman of the cooperative is determined by the charter of the cooperative. The Charter of the cooperative sets the period for which the chairman of the cooperative is elected (approved), the right of the chairman of the cooperative to manage the property of the cooperative, the terms of payment of the chairman of the cooperative, and the responsibility The chairman of the cooperative for the damage caused, as well as the reasons for his dismissal. 4. If the cooperative is elected to a cooperative, the charter of the cooperative defines the issues on which decisions are taken solely by the head of the cooperative. 5. Within the limits of the authority granted by the charter of the cooperative, the chairman of the cooperative acts on behalf of the cooperative without a power of attorney, representing the cooperative in the bodies of state power, local self-government bodies and organizations, the property of the cooperative, concludes contracts and grants powers of attorney, including the right of trust, opens the accounts of the cooperative in banks and other credit organizations, carries out the reception and dismissal of employees, issues orders and orders, Mandatory by members of the cooperative and employees Co-operative. 6. The executive bodies of the cooperative are accountable to the Supervisory Board of the Cooperative and the general assembly of members of the cooperative. Article 17-1. Appeals against management decisions cooperative 1. The decision of the general assembly of members of the cooperative, taken in violation of the requirements of this Federal Law, other regulatory legal acts of the Russian Federation, the statute of the cooperative and violating the rights and (or) legitimate interests of a member of the cooperative may be declared invalid by a court on the application of a member of a cooperative who has not taken part in the vote or voted against the decision appealed. 2. Decision of the supervisory board of the cooperative or the board of a cooperative adopted in violation of this Federal Law, other regulatory legal acts of the Russian Federation, the statute of the cooperative and violating the rights and (or) lawful interests of a member A cooperative may be declared invalid by a court on the application of a member of the cooperative. 3. The Court may, in all the circumstances of the case, have the right to leave the decision of the governing body of the cooperative that is contested if the violations are not substantial and the decision has not resulted in loss to the cooperative or member of the cooperative, in the case of a person who has filed a claim for annulment or other adverse consequences for them. 4. Recognition of the decisions of the general assembly of members of the cooperative, the decisions of the Supervisory Board of the Cooperative or the Board of Cooperatives to approve transactions made by a cooperative, null and void in the case of appeal against such decisions The relevant transactions of the cooperative do not lead to the annulment of such transactions. 5. A member of the cooperative on the recognition of the decisions of the general assembly of members of the cooperative and (or) decisions of other cooperative management bodies may be filed with the court within three months from the date on which the member of the cooperative recognized or should have been to know the decision taken, but in any case no later than six months after the date of the decision. The deadline for appealing against decisions of the general meeting of members of the cooperative and (or) decisions of other cooperative management authorities in the event of a permit is not to be restored, unless the member of the cooperative has not served The said statement, under the influence of violence or threat. 6. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The cooperative is not valid. 7. Decisions of the general meeting of the members of the cooperative adopted without the necessary majority vote of the members of the cooperative, as well as on matters not included in the agenda of the general meeting of the members of the cooperative, except in general A meeting of the members of the cooperative was attended by all members of the cooperative, without the power of judicial review. (Article added-Federal law from (...) (...) N 205-FZ) Article 18. The Audit Commission (Audit) of the Cooperative 1. To control the financial and economic activities of a cooperative, the general assembly of members of the cooperative elects a commission of at least three members of the cooperative or auditor, if the number of members of the cooperative is less than twenty. The members of the Audit Commission (Board of Audit) are not members of the Supervisory Board and the executive bodies of the cooperative. 2. The Audit Commission (Audit) of the Cooperative carries out a review of the financial status of the cooperative as a result of the financial year, conducts an audit of the financial and economic activities of the cooperative on behalf of the general assembly of members of the cooperative, of the Supervisory Board of the Cooperative, or at the request of not less than ten per cent of the members of the cooperative, as well as on its own initiative. 3. The members of the audit commission (auditor) of the cooperative are entitled to require the officials of the cooperative to provide the documents necessary for the verification of documents. 4. The Audit Commission (Audit) of the Cooperative presents the results of its audit to the general assembly of members of the cooperative, the supervisory board of the cooperative. 5. In order to verify financial and economic activities and to confirm the financial statements, the executive bodies of the cooperative may draw on external auditors from among those who have the right to carry out such activities. The auditor's financial and economic activity shall also be verified by decision of the cooperative's supervisory board or at the request of at least ten per cent of the members of the cooperative. In the latter case, the auditor's services are paid by the members of the cooperative who requested such a check. Chapter VI: OF THE CONVENTION ' S RELEVANCE TO THE WORK OF THE Regulation of labour relations of cooperative members 1. The labour relations of the members of the cooperative are regulated by the present Federal Act and the statute of the cooperative and employees are governed by the labour legislation of the Russian Federation. The Cooperative defines the forms and systems of remuneration of the members of the cooperative and its employees. Payment for work in a cooperative may be made in cash and/or in kind on the basis of the wage regulation developed directly by the cooperative. 2. The cooperative sets out disciplinary liability for its members. Disciplinary sanctions, including dismissal, may be imposed on the chairman of the cooperative, members of the board of the cooperative and members of the Audit Commission (auditor) of the cooperative only by the decision of the general meeting of the members Cooperatives, and other officials of the cooperative, in accordance with the charter of the cooperative. 3. The members of the cooperative who take part in their activities are subject to social and compulsory health insurance and social security on an equal footing with employees of the cooperative. The time of employment in a cooperative is included in the employment record. The basic document on the employment of a member of the cooperative is the work record. 4. Pregnant women are reduced in accordance with the medical certificate, the standards of service are reduced, or they are transferred to another job, lighter to the exclusion of adverse production factors, with the retention of the average Earnings from the old job. Pregnant women and citizens with children are entitled to maternity leave, maternity and parental leave, as well as the benefits provided for in the labour legislation of the Russian Federation and other legislation. The Cooperative may establish additional paid leave for such citizens. 5. For members of the cooperative under the age of 18 who take personal labour in the work of the cooperative, a reduced working day and other benefits provided for in the labour legislation of the Russian Federation shall be established. By decision of the general meeting of the members of the cooperative, the cooperative is entitled to provide additional social security benefits for its members at its own expense. 6. The board of the cooperative enters into a collective agreement with the employees of the cooperative. Article 20. The working conditions of the members of the cooperative 1. The duration and schedule of working days in the cooperative, the procedure for granting rest days, holidays, including additional holidays, and other conditions of work are determined by the rules of the internal order of the cooperative. At the same time, the duration of leave must be no less than the established labour legislation of the Russian Federation. 2. The cooperative carries out measures to ensure occupational safety, safety, hygiene and sanitation in accordance with the regulations and standards set for State unitary enterprises. Article 21. Cooperative employees The average number of employees in a cooperative should not exceed 30 per cent of the members of the cooperative during the reporting period. The limitations imposed do not apply to the work carried out by a cooperative prisoner with citizens in contracts or other contracts governed by civil law, as well as to seasonal work. Article 22. Discontinuation of the membership of the cooperative and the transition to the co-op 1. A member of the cooperative has the right to withdraw from it by warning in writing the chairman (board) of the cooperative not later than two weeks. 2. An exception to the membership of a cooperative may only be decided by the general meeting of the members of the cooperative if the member of the cooperative has not made a period of mutual contribution to the cooperative's statute or if a member of the cooperative fails to do so, or Improper discharge of the responsibilities entrusted to it by the statute of the cooperative as well as in other cases provided for by the charter of the cooperative. 3. A member of the supervisory board of a cooperative or executive body of a cooperative may be excluded from the cooperative by decision of a general meeting of the members of the cooperative in connection with its membership in a similar cooperative. 4. The exclusion from members of the cooperative on the grounds not provided for in this Federal Act and the charter of the cooperative is not permitted. 5. The member of the cooperative to be excluded shall be notified in writing not later than thirty days before the date of the general meeting of the members of the cooperative, and shall be entitled to provide an explanation to the assembly. 6. The decision to exclude from the cooperative may be appealed to the courts. 7. A person who has ceased membership in a cooperative shall be paid the value of the payout or property that corresponds to his or her share, as well as other payments provided for in the charter of the cooperative. The payment of the value of the member or the issuance of other property to a withdrawn member shall be made at the end of the financial year and the approval of the accounting balance of the cooperative, unless otherwise provided by the charter of the cooperative. 8. The wage calculation with a member of the cooperative is carried out on the day of its withdrawal (exception) from the cooperative, except if he continues to work in the cooperative on terms of employment. 9. The existence of a member of a debt cooperative cannot serve as a ground for denying them the right to withdraw from the cooperative. If a former member of the cooperative refuses to pay the debts voluntarily, the cooperative is entitled to recover it in due course. Chapter VII. THE RELATIONSHIP BETWEEN COOPERATIVES AND THE STATE. SOUZ (ASSOCIATION) COOPERATIVE Article 23. Cooperation of the State in the development of cooperatives 1. Public authorities and local authorities promote the development of cooperatives, in particular through the establishment of tax and other benefits for cooperatives, especially in the areas of goods production and services, Providing cooperatives with non-residential premises with the right to purchase, land, access to government orders and information necessary for their activities. The establishment of any restrictions on the rights of cooperatives, as compared to other commercial organizations, including participation in the privatization of State and municipal enterprises, other facilities, is not permitted. 2. Cooperatives that may be relevant under the law on State support for small businesses to small business entities have the right to all benefits and benefits established for small businesses OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The cooperatives are subject to all the guarantees, forms and methods of protection of their rights and legitimate interests established by the laws of the Russian Federation. Article 24. Accounting and reporting by the cooperative. Granting Co-operative Information (...) (...) N 205-FZ) 1. The Cooperative maintains records and accounts, as well as statistical reporting in accordance with the procedure established by the legislation of the Russian Federation for commercial organizations. Information on the activities of the cooperative is provided to the State and local authorities in accordance with the procedure established by the legislation of the Russian Federation. (In the wording of Federal Law dated 19.07.2009. N 205-FZ) 2. The cooperative is obliged to provide the members of the cooperative with access to, administration or participation in a dispute related to the establishment of a cooperative, including the determination of the arbitral tribunal to produce the case and The application of a statement of claim or a statement of a change in the basis or object of the claim previously filed. Within three days from the date of the submission of the corresponding claim by a member of the cooperative, the documents must be made available to the cooperative for consultation in the premises of the executive organ of the cooperative. A cooperative upon a member's request is required to provide copies of these documents. The fees charged by the cooperative for providing such copies may not exceed the cost of making them. (The paragraph is amended by the Federal Law of 19 July 2009). N 205-FZ) Article 25. Cooperatives ' unions 1. Cooperatives have the right, on a contractual basis, to form cooperatives (associations) of territorial, sectoral (activity), industry and other cooperatives for the coordination of cooperative activities, The protection of their interests, the provision of information, legal and other services, the organization of training of workers for cooperatives, the training of employees of cooperatives, and research and other activities. The unions (associations) of cooperatives are not-for-profit organizations. The Associations (Associations) of Cooperatives are entitled to participate in the activities of international cooperative organizations in the manner prescribed by these organizations. 2. The competence of the union (association) of cooperatives, its rights, duties and responsibilities are defined by the charter of the union (association) of cooperatives, as approved by the general meeting (conference) of the members of the union (association) of cooperatives, as well as constituent A treaty signed by the members of the union (association) of cooperatives. 3. Cooperative associations (associations) of cooperatives may be responsible for doing business by decision of cooperatives (association). Such union (association) is transformed into an economic partnership or society in the manner provided for by civil law, or creates or participates in the conduct of business. society. 4. The members of the union (association) of cooperatives maintain their independence and the rights of the legal entity. 5. The union (association) of cooperatives is not responding to the obligations of its members. The members of the union (association) of cooperatives have a subsidiary responsibility on their obligations in the amount and manner provided for in the constituent instruments of the union (association) of cooperatives. 6. The name of the union (association) of cooperatives should refer to the main course of action of its members, including the words "association" or "association". 7. Procedures for the establishment of an association (association) of cooperatives, its reorganization and the liquidation, the composition and the competence of its governing bodies, the relationship of the union (association) of cooperatives and its members, other matters relating to the establishment and operation of the union (association) Cooperative instruments are defined by its constituent instruments. Chapter VIII. RESTRUCTURING AND ERADICATION OF KOREA Article 26. Reorganization of the cooperative 1. The reorganization of the cooperative in the form of fusion, accession, division, allocation or transformation can be done voluntarily by decision of the general assembly of the members of the cooperative. The procedure for the reorganization of a cooperative is determined by the first Civil Code of the Russian Federation and by this Federal Law. 2. The cooperative is considered to be reorganized, with the exception of reorganizing in the form of accession, since the registration of newly created cooperatives. When the cooperative is reorganized in the form of joining another cooperative, the first one is considered to be reorganized from the moment of incorporation into the single state register of legal entities of the recording of the withdrawal of the attached Co-operative. 3. When the cooperative is reorganized, a transfer act or a dividing balance containing the provisions of succession on all obligations of the restructured cooperative towards all its creditors and debtors, including obligations, shall be established. disputed by the parties. 4. The act or balance shall be approved by the general assembly of the members of the cooperative who decided on the reorganization of the cooperative, and shall be provided with the founding documents for the State registration of the newly created cooperative or to amend the constituent instrument of an existing cooperative. 5. A cooperative can be transformed by a unanimous decision of its members into a business partnership or a society. 6. The succession in the reorganization of the cooperative is carried out in accordance with the first part of the Civil Code of the Russian Federation. Article 27. Elimination of the cooperative 1. The Cooperative may be dissolved by the decision of the general assembly of members of the cooperative, including the expiry of the target date for which it is established. (In the wording of Federal Law 21.03.2002) N 31-FZ) 2. The Cooperative may be dissolved by a court order of in the event of gross violations of the law if the violations are irrecoverable or, in the case of activities without proper authorization, (Licenses), or in the case of activities prohibited by law or in the event of other repeated or gross violations of the law, as well as other legal acts. (In the wording of Federal Law 21.03.2002) N 31-FZ) 3. The cooperative is liquidated as a result of his court's bankruptcy. The Cooperative may declare bankruptcy and voluntary liquidation of the joint assembly of members of the cooperative and its creditors. The grounds for the cooperative's bankruptcy or for the cooperative to declare bankruptcy, as well as the dismantling of the cooperative, are established by part one 4. The general assembly of the members of the cooperative or the body that decided to liquidate the cooperative shall appoint a liquidation commission and install it in accordance with part one The Russian Federation's Civil Code order and timetable for the liquidation of the cooperative. (In the wording of Federal Law 21.03.2002) N 31-FZ) 5. The cooperative's property remaining after the creditors ' claims is satisfied is to be distributed among its members in the manner provided for by the charter of the cooperative or by an agreement between the members of the cooperative. 6. The cooperative is deemed to be liquidated upon the inclusion of this record into a single public register of legal entities. CHAPTER IX. FINAL PROVISIONS Article 28. Entry into force of this Federal Law 1. This law shall enter into force on the date of its official publication. 2. Since the date of the entry into force of this Federal Law on the territory of the Russian Federation, the Law of the USSR "On cooperation in the USSR" has not been applied in the territory of the Russian Federation. Supreme Soviet of the Soviet Union, 1988, 355; Congress of People's Deputies of the USSR and the Supreme Soviet of the USSR, 1989, N 19, Art. 350; 1990, N 26, art. 489; 1991, N 11, sect. 294; N 12, est. 325) to regulate the activities of cooperatives in the areas of production and services. Article 29. OF THE PRESIDENT OF THE RUSSIAN FEDERATION To bring their legal acts into conformity with this Federal Law within six months of the date of its entry into force. Constitutive documents of production cooperatives established prior to the official publication of Part One of the Civil Code of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION Federal Act no later than 1 January 1997. President of the Russian Federation Yeltsin Moscow, Kremlin 8 May 1996 N 41-FZ