On General Principles Of Organization Of Communities Of Small Indigenous Minorities Of The North, Siberia And Far East Of The Russian Federation

Original Language Title: Об общих принципах организации общин коренных малочисленных народов Севера, Сибири и Дальнего Востока Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102066839

RUSSIAN FEDERATION FEDERAL LAW on general principles of organization of communities of small indigenous minorities of the North, Siberia and far east of the Russian Federation adopted by the State Duma on July 6, 2000 year approved by the Federation Council July 7, 2000 year (as amended by the federal laws from 21.03.2002 N 31-FZ;
from 22/08/2004, no. 122-FZ; from 2/2/2006 N 19-FZ;
from 28.12.2013 N 396-FZ) this federal law establishes general principles for the Organization and activities of the communities of small indigenous minorities of the North, Siberia and far east of the Russian Federation created aiming at protection of original Habitat Wednesday, traditional way of life, the rights and lawful interests of these small-numbered indigenous peoples, and also defines the legal basis of community forms of self-government and State guarantees for its implementation.
Article 1. Basic concepts in the present Federal law uses the following concepts: the indigenous small peoples of the North, Siberia and far east of the Russian Federation (hereinafter referred to as the small peoples)-people living in parts of the North, Siberia and the far East on the territories of traditional settlement of their ancestors, preserving the traditional way of life, management and fisheries with fewer than 50 thousand people and conceive themselves autonomous ethnic communities;
representatives of other ethnic communities-representatives of ethnic communities not belonging to such minorities, but residing in areas inhabited by these peoples and traditional management of the smallnumbered peoples;
a community of minority peoples form of self-organization of persons belonging to such minorities and aggregated on the communes were now being established (family, genus) and (or) geographically neighbouring grounds, created for the purpose of protection of their indigenous habitat Wednesday, preservation and development of traditional ways of life, economy, arts and culture;
family (generic) community of minority peoples form of self-organization of persons belonging to such minorities, merged on the basis of communes were now being established, embodying traditional lifestyles, exercising traditional housekeeping and traditional crafts;
clusters of neighboring community of minority peoples form of self-organization of persons belonging to such minorities permanently residing (compact and (or) dispersive) on the traditional nature use territories of the small-numbered peoples of resettlement, embodying traditional lifestyles, exercising traditional housekeeping and traditional crafts;
unions (associations) of the small-numbered peoples communities-interregional, regional, and local communities.
Article 2. Relations regulated by the present Federal Act this federal law regulates relations in the sphere of organization, activity, reorganization and liquidation of the small-numbered indigenous peoples communities.
Article 3. The scope of this federal law, the effect of this federal law applies to all the community of minority peoples, including created prior to its entry into force, as well as the unions of communities of minority peoples.
Article 4. The legislation of the Russian Federation on communities of the small-numbered peoples 1. The legislation of the Russian Federation on communities of the small-numbered peoples consists of the Constitution of the Russian Federation, this federal law and other federal laws and other regulatory legal acts of the Russian Federation, as well as the laws and other normative legal acts of the constituent entities of the Russian Federation.
2. Decisions on matters of internal organization of the community of minority peoples and the relationship between its members can be accepted on the basis of the traditions and customs of minority peoples, not contrary to federal law and the laws of the constituent entities of the Russian Federation and not impairing the interests of other ethnic groups and citizens.
Article 5. Principles of organization and activity of the small-numbered peoples community organization and community activities of the small-numbered peoples based on principles: equality of communities of the small-numbered peoples before the law irrespective of their activities and the number of members of a community of minority peoples;
voluntariness, equality, self-government and the rule of law;
freedom in defining its internal structure, forms and methods of their activities;
publicity.
Community action is non-commercial in nature.
Article 6. Restriction on the Organization and functioning of the communities of the small-numbered peoples Prohibits the Organization and activity of the small-numbered peoples of the community for purposes other than the purposes described herein, laws of constituent entities of the Russian Federation, constituent documents of the relevant community of minority peoples.
Article 7. The relationship of the small-numbered peoples communities with State authorities and bodies of local self-government

1. State authorities of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation aiming at protection of original Habitat and traditional way of Wednesday the lives, rights and legitimate interests of the small-numbered indigenous peoples may assist the communities of minority peoples, unions (associations) of the communities of the small-numbered indigenous peoples in the form of: (as amended by federal law from 22/08/2004, no. 122-FZ) (repealed-Federal Act of 22/08/2004, no. 122-FZ) (repealed-Federal Act of 22/08/2004, no. 122-FZ) of conclusion with the communities of the small-numbered peoples , unions (associations) of the communities of the small-numbered peoples of contracts for the execution of works and provision of services in accordance with the civil legislation; (As amended by the Federal Act of 2/2/2006 N 19-FZ) targeted training in the skills required of the small-numbered peoples communities, unions (associations) of the communities of the small-numbered peoples to self-government and traditional management of the smallnumbered peoples;
free advice on traditional management of the smallnumbered peoples;
social order for the development and implementation of regional and local socio-economic assistance programmes to the communities of the small-numbered peoples, hosted in the order stipulated by the legislation of the Russian Federation on the contract system in the area of procurement of goods, works and services for public and municipal needs. (As amended by the federal laws of 02.02.2006 N 19-FZ; 28.12.2013 N 396-FZ) (Repealed-Federal Act of 22/08/2004, no. 122-FZ)
2. (repealed-Federal Act of 22/08/2004, no. 122-FZ) 3. Governmental bodies of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government and their officials shall not interfere with the activity of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities, except for the cases stipulated by the Federal law and the laws of the constituent entities of the Russian Federation. The actions of the State authorities of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government and their officials that violate the autonomy of the communities of the small-numbered peoples, community unions (associations) of the small-numbered peoples, can be appealed in the manner prescribed by federal law.
Article 8. Community organization of the small-numbered peoples 1. A community of minority peoples are organized on a voluntary basis at the initiative of the persons belonging to such minorities, under the age of 18 years. The will to enter into a community of minority peoples shall be expressed in the form of a written statement or as an entry in the Protocol of general meeting (gathering) members of a community of minority peoples (the Assembly of delegates of the small-numbered indigenous peoples).
A community of minority peoples are organized without restriction of activities, unless otherwise provided by the founding documents of the community.
2. the founders of the small-numbered peoples of the communities could be made only by persons belonging to such minorities who have attained the age of 18 years. The number of founders may not be less than three.
Foreign nationals and stateless persons cannot be founders of the small-numbered indigenous peoples communities.
The founders cannot be legal persons.
Bodies of State power of the Russian Federation, governmental bodies of Russian regions, local government bodies, their officials cannot be founders of the small-numbered indigenous peoples communities.
3. The founding documents of a community of minority peoples are: memorandum of Association;
Charter.
The memorandum is the founders of the community of minority peoples, and the Charter is approved by the general meeting (a) members of the community.
In the constituent community of minority peoples documents should be defined: the name of the community;
location;
the main types of farming.
In the constituent community of minority peoples documents may contain other information, prescribed by this federal law and laws of constituent entities of the Russian Federation.
Constituent documents shall be signed by the founders of the community of minority peoples.
Since the adoption of the decision on the establishment of a community of minority peoples it considered established.
Established community of minority peoples is subject to mandatory State registration. After the State registration of the small-numbered peoples community acquires the rights of a legal person.
4. By decision of the general meeting (gathering) members of a community of minority peoples in community members can be persons not belonging to such minorities, performing traditional housekeeping and traditional crafts of minority peoples.
5. a refusal of a person from joining the community of minority peoples cannot serve as a basis for restricting his right of ownership of traditional economic activity and traditional cropping lesson.
Article 9. The constituent Assembly of the community of minority peoples

Decision on the establishment of a community of minority peoples, approving of its Charter, to establish authorities and control bodies shall be adopted at the founding meeting of the community of minority peoples. At the founding meeting of a community of minority peoples shall have the right to attend all citizens residing in the territory (part of the territory) of the corresponding municipality.
Article 10. Charter community of minority peoples 1. Charter community of minority peoples should determine: a view of the community, subject and purpose of its activities;
composition of the founders;
name and location;
sources of community property and its use;
allocation of surplus revenues of traditional products and products of traditional crafts;
the procedure for compensation of damages;
liability of members of the community with regard to the debts and losses of the community;
How to use the property in case of liquidation of the community;
the structure and competence of management, decision-making rules, the list of issues on which decisions are taken by qualified majority;
procedure for making changes and amendments in constituent documents;
the frequency of general meeting (gathering) community members;
the procedure for reorganization and liquidation of the community;
the rights and obligations of the members of the community;
the procedure and conditions for the admission to membership of the community and out of it;
the order and nature of the participation of community members in its economic activity;
liability for breach of obligations by members of the community for personal labor and other forms of participation.
Charter community of minority peoples can contain a description of the symbolism of a community of minority peoples.
In the Charter community of minority peoples may contain other provisions relating to the community activities that do not conflict with federal law.
2. About changes in its Charter community of minority peoples shall inform the authorities of the State and (or) local self-government bodies at the time and in the manner prescribed by the legislation of the constituent entities of the Russian Federation.
Article 11. Membership in the community of the small-numbered peoples 1. Membership in the community of the small-numbered peoples may be collective (membership families (birth) and individual (membership of persons belonging to such minorities).
Individual members of a community of minority peoples can be persons belonging to such minorities who have attained the age of 16 years, leading a traditional lifestyle for those peoples engaged in traditional housekeeping and traditional crafts.
Members of a community of minority peoples have the right to withdraw from it.
In the event of a member of a community of minority peoples, communities and members of his family share is available from the property of a community of minority peoples.
On exit from the community of one or more of its members, and the allocation of share of community property must be provided for continuing retirees the opportunity to pursue traditional lifestyles and implement traditional housekeeping.
The rights and obligations of the members of a community of minority peoples, procedure and conditions of entry into the community and exit shall be determined by the Charter community of minority peoples.
Foreign nationals and stateless persons cannot be members of a community of minority peoples, but may provide the small-numbered indigenous peoples communities, unions (associations) of the communities of the small-numbered peoples material, financial and other assistance.
2. Belonging to a community of minority peoples persons belonging to such minorities, cannot serve as a basis for restriction of their human and civil rights and freedoms, providing them with the State bodies of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation and bodies of local self-government, any benefits and advantages, except for the cases stipulated by the Federal law.
3. State authorities of the Russian Federation, governmental bodies of Russian regions, local government bodies, their officials cannot be members of a community of minority peoples.
Article 12. The right of members of a community of minority peoples 1. Members of a community of minority peoples in accordance with the Charter community of minority peoples have the right to: community participation in decision-making;
participate in the election of the managing bodies of the community and the right to be elected to these bodies;
a share of community property or her compensation when leaving the community or when its liquidation;
exit from the community;
other rights stipulated by the Charter community.
2. The members of a community of minority peoples in accordance with federal law and the laws of the constituent entities of the Russian Federation shall have the right to use to the needs of traditional farming and crafts objects of flora and fauna, common minerals and other natural resources.
Article 13. Duties of a member of a community of minority peoples 1. Members of a community of minority peoples shall: comply with the Charter community;
rational use of natural resources and implement environmental protection measures;
to carry out other duties stipulated by the legislation of the Russian Federation.

2. The members of a community of minority peoples to responsible for the obligations of the community of minority peoples within its share from the property of a community of minority peoples.
3. Community of minority peoples is not liable for the obligations of its members.
Article 14. General meeting (gathering) of the members of a community of minority peoples 1. The Supreme management body of the community of minority peoples is the general meeting (DNF) members of a community of minority peoples.
General meeting (gathering) of the members of a community of minority peoples shall be convened as required, the frequency of its spending is determined by statute.
General meeting (gathering) of the members of a community of minority peoples is considered to be authoritative if it at least half of the members of the community, if the Charter community establishes rules.
In the Charter community of minority peoples can be provided for the convening of the general meeting (gathering) of the members of the community at the request of not less than one third of its members.
General meeting (gathering) of the members of a community of minority peoples shall consider all major issues of vital activity of a community of minority peoples.
2. In the exclusive competence of the general meeting (gathering) members of a community of minority peoples is: taking the Charter of the community;
election of the Board of Directors (Council) community and its Chairman;
admission of new members;
exclusion from the community;
determination of the main directions of the activities of the community;
the election of the auditing Commission;
decisions about reorganization, liquidation and dissolution of the community;
adoption of decisions of the President of the Board of Directors (Council) community.
Charter community of minority peoples to the powers of the general meeting (gathering) members of a community of minority peoples can be assigned and other matters relating to the activities of a community of minority peoples.
Article 15. Board of Directors (Council) community of minority peoples 1. Management body of the community of minority peoples is the Board (Council) community of minority peoples.
Board of Directors (Council) community of minority peoples is elected, composed of the President of the Board of Directors (Council) community and other members of the Board of Directors (Council) community at the general meeting (gathering) of the small-numbered peoples community members by a simple majority.
Board of Directors (Council) community of minority peoples shall organise the activities of the community of minority peoples in between general meetings (assemblies) of the members of a community of minority peoples and meets as required.
Powers of the Board of Directors (Council) community of minority peoples and the term of Office shall be established by the Charter community of minority peoples.
Elected members of the Board of Directors (Council) community of minority peoples are considered members of the community who receive more than half of the votes of its members present at the general meeting (gathering) community members.
2. the Board of Directors (Council) community of minority peoples shall have the right to: consider the applications of citizens wishing to engage the community and encourage them to join in the community;
determine the number of workers employed by the community of minority peoples in employment contracts, and order their remuneration in accordance with the legislation of the Russian Federation on labour;
to approve the decision of the President of the Board of Directors (Council) community.
Charter community of minority peoples to the Board (the Board) may be provided to communities and other powers.
Article 16. Powers of the Chairman of the Board of Directors (Council) community of minority peoples, the President of the Board of Directors (Council) community of minority peoples: organizes the work of the Board of Directors (Council) community;
between meetings of the Board of Directors (Council) community solves all organizational, operational, and other matters, except those assigned to the competence of the general meeting (gathering) of the members of the community or of the Board of Directors (Council) community;
in accordance with the Charter community collects the Board (Council) community and general meeting (DNF) community members;
represents the community in relations with State authorities of the constituent entities of the Russian Federation and bodies of local self-government.
Charter community of minority peoples to the Chairman of the Board (the Board) may be provided to communities and other powers.
Article 17. The property of the communities of the small-numbered peoples 1. Owned by a community of minority peoples can be: property transferred to members of the community as a contribution (contribution) in the Organization of the community;
funds belonging to the Community (and borrowed);
donations of natural and legal persons, including foreign ones;
any property derived from or obtained by the community in accordance with the legislation of the Russian Federation.
2. Community of minority peoples to own, use and dispose of their property.
3. A community of minority peoples with the consent of the members of communities shall have the right to implement labour products produced by its members.
4. A community of minority peoples are materially and otherwise in accordance with the legislation of the Russian Federation.
Article 18. (Repealed-Federal Act of 22/08/2004, no. 122-FZ) Article 19. Community of minority peoples in education and culture 1. In order to preserve the cultures of minority peoples community of minority peoples may organize the upbringing and education of children of members of the community, on the basis of the traditions and customs of these peoples.

Attracting teachers to upbringing and education of children of members of the community of minority peoples can be carried out on the basis of the Community treaties, the minority peoples with executive bodies of the constituent entities of the Russian Federation and bodies of local self-government.
2. Community of minority peoples have the right to practise religious traditions and customs of minority peoples, if such traditions and rituals do not contradict the laws of Russian Federation and laws of constituent entities of the Russian Federation, maintaining and protecting the places of worship, building their own cultural centres and other public associations.
Article 20. Unions (associations) of the small-numbered peoples communities 1. A community of minority peoples regardless of their management has the right to freely join unions (associations) of communities based on the founding treaties and (or) the statutes adopted by the unions (associations) communities. The legal capacity of unions (associations) of the small-numbered peoples communities as legal persons arises from the moment of their State registration.
Unions (associations) of the small-numbered peoples communities are non-profit organizations.
2. Community of minority peoples-the members of the Union (Association) of the small-numbered peoples communities retain their autonomy and rights of a legal person.
3. Union (Association) of the small-numbered peoples of communities is not responsible for the obligations of its members. Members of the Union (Association) of the small-numbered peoples communities bear subsidiary liability for the obligations of the Union (Association) in the amount and under the procedure provided by the founding documents of the Union (Association).
4. the name of the Union (Association) of the small-numbered peoples communities must contain an indication of the main subject of activity of its members with the inclusion of the word "Union" or "Association".
Article 21. Reorganization of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities 1. Reorganization of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities is carried out by decision of the general meeting (gathering) members of a community of minority peoples Congress (Conference) or the unions (associations) communities, adopted by a qualified majority of the members of a community of minority peoples or Union (Association) of the small-numbered indigenous peoples communities.
2. reorganization of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities may be in the form of merger, accession, Division and allocation of communities.
3. the State registration of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities, newly formed after the reorganization is carried out in the manner prescribed by federal law.
4. the property of the communities of the small-numbered peoples, unions (associations) of the small-numbered peoples, communities are legal entities, goes after their reorganisation to the newly formed communities of minority peoples, unions (associations) of the small-numbered peoples of communities who are legal persons, in the manner prescribed by the Civil Code of the Russian Federation.
Article 22. The Elimination of the small-numbered indigenous peoples communities, unions (associations) of the small-numbered peoples communities 1. A community of minority peoples, unions of communities of minority peoples can be liquidated on the basis and in accordance with the procedure established by federal law.
2. In addition, a community of minority peoples can be liquidated in case: secession from the community for more than two-thirds of founders or members of the community or any of the actual impossibility of continuing the activities of the community;
the termination of traditional economic activity and traditional cropping classes;
repeated gross violations of the Community objectives set out in the Charter of this community. Liquidation is carried out by a court decision.
3. In case of liquidation of a community of minority peoples its assets remaining after satisfaction of the claims of creditors shall be apportioned among the members of the community in accordance with their share of the property of a community of minority peoples, unless otherwise provided by the Charter community of minority peoples. The decision to use the remaining after satisfaction of the claims of creditors of the property of a community of minority peoples, Union (Association) of the small-numbered peoples communities published by the liquidation Commission in the press.
4. Elimination of a community of minority peoples is considered complete, and the community of minority peoples-defunct after making about this record in the unified State Register of legal entities. (As amended by the Federal law of March 21, N 31-FZ) (Repealed-federal law N March 31-FZ) (Repealed-federal law N March 31-FZ) (Repealed-federal law N March 31-FZ) (Repealed-federal law N March 31-FZ) (Repealed-federal law N March 31-FZ) disputes about the Elimination of the small-numbered indigenous peoples communities are settled in court.
Liquidation of Union (Association) of the small-numbered peoples communities is carried out in accordance with the Charter of the Union (Association) of the small-numbered peoples communities in the manner prescribed by federal law. (Repealed-federal law N March 31-FZ)

If the community of minority peoples is not passed State registration, the decision on liquidation or dissolution shall be forwarded to the authorities of the State and (or) local self-government bodies in the manner and within the period established by the legislation of the constituent entities of the Russian Federation.
Article 23. Appeal of actions of bodies of State power and bodies of local self-government community of minority peoples have the right to appeal in court the actions of State authorities, local self-government bodies and their officials, which violate the rights of minority communities and their members, in accordance with the law, as well as to claim damages suffered as a result of impairment of the environment Wednesday.
Article 24. Final provisions 1. This federal law shall enter into force on the day of its official publication.
2. invite the President of the Russian Federation and the Government of the Russian Federation to bring its legal acts in compliance with this federal law.
The President of the Russian Federation v. Putin Kremlin, Moscow July 20, 2000 N 104-FZ