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

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RUSSIAN FEDERATION FEDERAL LAW On the general principles of the organization of the indigenous communities of the small peoples of the North, Siberia and the Far East of the Russian Federation Adopted by the State Duma on 6 July 2000 href=" ?docbody= &prevDoc= 102066839&backlink=1 & &nd=102075339 "target="contents" title= " "> from 21.03.2002. N 31-FZ; of 22.08.2004 N 122-FZ; of 02.02.2006 N 19-FZ; of 28.12.2013 N 396-FZ) This Federal Law establishes the general principles of organization and operation of the indigenous communities of the North, Siberia and the Far East of the Russian Federation, which are established for the purpose of protection The traditional habitat, traditional way of life, the rights and legitimate interests of these small indigenous peoples, as well as the legal foundations of the communal form of self-government and State guarantees for its implementation. Article 1. Basic concepts The following concepts are used in this Federal Law: Indigenous small peoples of the North, Siberia and the Far East of the Russian Federation (hereafter referred to as small peoples)-peoples living in the areas of the North, Siberia and the Far East on the traditional settlement of their ancestral lands, preserving traditional ways of life, economic management and fisheries, with fewer than 50,000 people and self-conscious ethnic groups communities; representatives of other ethnic communities-representatives ethnic communities not belonging to small minorities but permanently residing in the regions inhabited by these peoples and carrying out traditional economic activities of small peoples; Self-organization of persons belonging to small peoples and united under the blood (family, clan) and (or) territorially-neighbourly characteristics created to protect their ancestral habitat, the preservation and development of traditional ways of life, management, fisheries and culture; family (descent) communities The number of small peoples is the form of self-organization of persons belonging to small peoples, united under incestedate grounds, traditional livelihoods, traditional livelihoods and traditional fishing activities; The small-neighbourly communities of small peoples-the form of self-organization of persons belonging to small peoples who live permanently (compactly and/or) in the territories of traditional settlement of small peoples, traditional ways of life Economic and traditional livelihoods; unions (associations) of small peoples ' communities-interregional, regional and local communities of small peoples communities. Article 2. Relationship governed by this Federal Law Law This Federal Law regulates relations in the sphere of organization, activities, reorganization and liquidation of small minority communities. Article 3. The scope of this Federal Law This Federal Act applies to all communities of small peoples, including those established prior to its entry into force, as well as unions (associations) of small communities. peoples. Article 4. The legislation of the Russian Federation on small peoples ' communities 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. Decisions on matters relating to the internal organization of the minority community and the relationship between its members may be taken on the basis of the traditions and customs of small peoples, which are not contrary to the federal law and the law OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 5. The principles of the organization and activities of the communities of the small peoples The organization and the activities of the small indigenous communities are based on the principles of: equality of small communities before the law of their activities and the number of members of the minority community; voluntarism, equality, self-governance and the rule of law; freedom to define its internal structure, forms and methods Activities; transparency. The activities of the community are non-profit-making. Article 6. Limitation on the organization and activities of the communities of the small peoples The organization and activities of small peoples ' communities for other purposes are prohibited, except for the purposes set out in this Federal Law by the laws of the United States. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. The relations of the small peoples ' communities with the organs of State power and bodies of the local self-government 1. The State authorities of the Russian Federation, the bodies of State power of the constituent entities of the Russian Federation in order to protect the native habitat and traditional way of life, the rights and legitimate interests of small peoples may provide assistance Communities of small peoples, unions (associations) of small peoples ' communities, in the form of: (In the wording of the Federal Law 22.08.2004 N 122-FZ) N 122-FZ) N 122-FZ ) Opinion with communities of small peoples, unions (associations) of small peoples ' communities of contracts for the performance of works and provision of services in accordance with civil society The Law on the Law of the Sea, No. N 19-FZ ) targeted training in professions, necessary communities of small peoples, unions (associations) of small peoples ' communities for self-government and traditional economic management of small peoples; Free advice on traditional economic management of small peoples; social order for the development and implementation of regional and local social and economic assistance programmes for small communities , allocated in the order provided for in the OF THE PRESIDENT OF THE RUSSIAN FEDERATION href=" ?docbody= &prevDoc= 102066839&backlink=1 & &nd=102104610 "target="contents" title= " "> 02.02.2006. N 19-FZ; of 28.12.2013 N 396-FZ) (Unused-Federal Law of 22.08.2004 N 122-F) 2. (Spconsumed by Federal Law of 22.08.2004) N 122-F) 3. State authorities of the Russian Federation, bodies of State power of the constituent entities of the Russian Federation, local authorities, their officials shall not interfere in the activities of the communities of small peoples, unions (associations) "Small communities", except in the cases provided for in the federal legislation and the legislation of the constituent entities of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (associations) of small minority communities can be appealed in accordance with the procedure established by federal law. Article 8. Organization of small indigenous communities 1. Communities of small minorities are organized on a voluntary basis on the initiative of persons belonging to small minorities who have reached the age of 18. The participation of small peoples in the community of small peoples must be expressed in the form of a written statement or in the form of a record in the minutes of the general assembly (gathering of authorized representatives of small peoples). The communities of numerically small peoples are organized without limitation of their duration, unless otherwise established by the constituent instruments of the community. 2. Only persons belonging to small minorities who have attained the age of 18 years may be members of minority communities. The number of founders cannot be less than three. Foreign nationals and stateless persons may not be founders of small peoples ' communities. Founders cannot be legal persons. The State authorities of the Russian Federation, the bodies of State power of the constituent entities of the Russian Federation, local authorities and their officials shall not be the founders of the small indigenous communities. 3. The constituent documents of the minority community are: the founding treaty; bylaws. The Constituent Treaty is established by the founding members of the minority community, and the general assembly (gathering) of the members of the community is tired. In the constituent documents, communities of small peoples should be defined: community name; location; main types of management. The constituent documents of the minority community may contain other information provided for in this Federal Law and the laws of the constituent entities of the Russian Federation. Constituent documents are signed by the founders of the minority community. Since the decision to organize a minority community, it has been established. The established minority community shall be subject to compulsory State registration. After State registration, the minority community acquires the rights of a legal entity. 4. By decision of a general meeting (gathering) of members of the community of small peoples, members of the community may be made up of persons who do not belong to small indigenous peoples who engage in traditional economic activities of small indigenous peoples. 5. The refusal of a person to join the community of small peoples cannot be used as a basis for restricting his right to self-management and to engage in traditional activities. Article 9. The Constituent Assembly of the Small Peoples ' Community Decisions to establish a minority community, on the adoption of its charter, on the formation of organs of government and control bodies, are adopted at the constituent assembly of the community of small communities peoples. At the constituent assembly of a community of small peoples, all citizens living in the territory (part of the territory) of the respective municipal education are entitled to be present. Article 10. By becoming a community of small peoples 1. By becoming a community of numerically small peoples, it must determine: the type of community, object and purpose of its activity; founder members; name and location; community property sources; and how to use it; how income distribution proceeds from the sale of surplus products from traditional fisheries and traditional handicrafts; compensation for damages; terms and conditions of members ' liability Community Debt and Community Debt Community; Uses property in the event of community destruction; structure and competence of the community administration, decision-making process, list of issues decided by a qualified majority; Changes and additions to the constituent documents; the frequency of the general assembly (assembly) of the community; reorganizing and dismantling the community; rights and obligations of community members; and conditions for admission to and from the community; The order and nature of the participation of members of the community in its economic activities; responsibility of members of the community for the violation of personal labour and other participation obligations. The number of small indigenous communities may contain a description of the symbols of the community of small peoples. The Charter of the Community of Small Peoples may contain other provisions relating to the activities of the community not contrary to the federal law. 2. Changes in their statutes shall inform the authorities of the State and/or local authorities within the time frame and in accordance with the procedure established by the law of the constituent entities of the Russian Federation. Article 11. Membership of the Small Peoples ' Community 1. Membership in a community of small peoples may be collective (membership of families (family) and individual (membership of persons belonging to small peoples). Individual members of the community of small peoples may be individuals belonging to small peoples who have reached the age of 16, leading traditional ways of life for these peoples, and of traditional fisheries. The members of the minority community have the right to withdraw from it. In the event of a withdrawal from the minority community, the members of the community and members of his family are provided with a share of the property of the minority community. When leaving the community of one or more of its members, the community's share of the community's assets should be to preserve the traditional way of life and to maintain traditional livelihoods. The rights and duties of members of the minority community, the order and conditions for joining and leaving the community are determined by the statute of the minority community. Foreign nationals and stateless persons may not be members of a minority community, but are entitled to provide material, financial and other assistance to communities of small peoples, unions (associations) of small peoples ' communities. 2. Belonging to the community of small peoples of persons belonging to small peoples may not serve as a basis for restricting their human and civil rights and freedoms by providing them with the State authorities of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. The State authorities of the Russian Federation, the bodies of State power of the constituent entities of the Russian Federation, local authorities and their officials shall not be members of the minority community. Article 12. The rights of members of the minority community 1. Members of the minority community, in accordance with the Statute of the Small Peoples ' Community, have the right to: Participation in the decision-making of the community; Participation in the election of the community and the right to be elected to these bodies; to obtain a portion of the community's property, or to compensate for the withdrawal of the community, or to withdraw it; community exit; other rights in the community's statutes. 2. Members of the community of small peoples in accordance with the federal legislation and the legislation of the constituent entities of the Russian Federation are entitled to use the objects of animal and vegetable world for the purposes of traditional business and fisheries, Common mineral resources and other natural resources. Article 13. Duties of members of the community of small peoples 1. Members of minority communities are obliged to: respect the tiring of communities; manage natural resources rationally and implement environmental measures; perform other duties as provided by the law of the Russian Federation. 2. Members of the minority community are responsible for the obligations of the minority community within their own portion of the property of the minority community. 3. The community of small peoples does not meet the obligations of its members. Article 14. General Assembly (gathering) of members of the community small peoples 1. The general assembly (gathering) of members of the minority community is the highest organ of the administration of the minority community. The general assembly (gatherings) of members of the minority community shall be convened as necessary, the frequency of its conduct shall be determined by the statute. The General Assembly (gathering) of members of the minority population shall be considered as authorized, provided that it is not less than half of the members of the community, unless the statutes of the community establish different rules. The Charter of the Community of Small Peoples may provide for the convening of a general meeting (gathering) of the members of the community at the request of at least one third of its members. The General Assembly (gathering) of members of the small peoples ' community considers all critical issues in the life of the minority community. 2. In the exclusive competence of the general assembly (converters), members of the minority community are: acceptance of the community charter; election of the board (council) of the community and its chairman; acceptance of new members; exception from the community; determining the community's main activities; election of an audit commission; approval for community reorganization, liquidation and self-launch; approval Decisions of the President of the Board (Council) of the Community. The Charter of the Community of Small Peoples to the powers of the general assembly (gathering) of members of the minority community may include other issues relating to the activities of the minority community. Article 15. The Board of the Small Peoples ' Community 1. The governing body of the minority communities is the Board of the Small Peoples ' Community (Council). The Board of the Small Peoples ' Community is elected as a member of the board (council) of the community and other members of the board (council) of the community at a general meeting (gathering) of members of the minority community by a simple majority. The Board of the Small Peoples ' Community Board organizes the activities of the minority population in intervals between the general assemblies (gatherings) of members of the minority community and holds meetings as necessary. The powers of the Board of the Community of Small Peoples and the term of office shall be established by the Statute of the Small Peoples ' Community. The members of the community who have received more than half of the votes of its members present at the general assembly (gathering) members of the community are considered to be elected members of the Board (Council). 2. The Board of the Small Peoples ' Community has the right: to consider applications from citizens wishing to join the community and recommend them to join the community; to determine the number of workers employed by the community of the small number of peoples under employment contracts and the procedure for paying them in accordance with the legislation of the Russian Federation on labour; approve the decision of the chairman of the board (council) of the community. The Charter of the Community of Small Peoples to the Board (Council) of the Community may be granted and other powers may be granted. Article 16. Powers of the Chairman of the Board (Council) of the Community Small Peoples Chairman of the Board (Council) of the Small Peoples ' Community: organizes the work of the board (council) of the community; between Community board meetings decide all organizational, production and other matters, except for those issues that are included in the general assembly (s) of the community or board (council) of the community; the community's constitution collects the board (council) of the community and the general assembly (converters) Members of the community; represents the community in relations with the State authorities of the constituent entities of the Russian Federation and the local authorities. The Charter of the Community of Small Peoples may be delegated to the Chairman of the Board (Council) and other powers may be granted. Article 17. The property of the small communities 1. The community of small peoples may be owned by: property transferred by members of the community as a contribution (contribution) to the community organization; funds belonging to the community (own and borrowed); voluntary donations of natural and legal persons, including foreign persons; other property acquired or received by the community in accordance with the laws of the Russian Federation. 2. The communities of small minorities own, use and dispose of their property. 3. The communities of numerically small peoples, with the consent of the members of the community, are entitled to carry out the work carried out by the members of the community. 4. The communities of small minorities bear material and other responsibility in accordance with the legislation of the Russian Federation. Article 18. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 19. Activities of minority communities in the field of education and culture 1. In order to preserve the cultures of small peoples, small peoples ' communities can organize the education and training of the children of the members of the community, based on the traditions and customs of these peoples. The use of teachers for the upbringing and education of children of members of minority communities may be carried out on the basis of contracts of small-numbered communities with the executive authorities of the constituent entities of the Russian Federation and bodies of local government. 2. The communities of small peoples have the right to observe the religious traditions and ceremonies of small peoples, if such traditions and rites are not contrary to the laws of the Russian Federation and the laws of the constituent entities of the Russian Federation, the maintenance and protection of places of worship. the establishment of their own cultural centres and other voluntary associations. Article 20. Unions (associations) of small peoples ' communities 1. Communities of small peoples, regardless of their type of business, have the right to voluntarily form associations (associations) of communities on the basis of the constituent treaties and (or) statutes adopted by the associations (associations) of the communities. The legal capacity of the unions (associations) of small peoples as legal entities arises from the moment of their State registration. Associations (associations) of small minority communities are not-for-profit organizations. 2. The communities of numerically small peoples-members of the union (association) of small peoples ' communities retain their independence and the rights of the legal entity. 3. The Union (association) of small communities does not meet the obligations of its members. The members of the union (association) of small peoples ' communities bear subsidiary responsibility for the obligations of the union (association) in the size and order stipulated in the constituent documents of the union (association). 4. The name of the union (association) of small peoples ' communities should include an indication of the main course of action of his/her members with the insertion of the word "association" or "association". Article 21. Reorganization of minority communities, unions (associations) of small peoples ' communities 1. Reorganization of small peoples 'communities, unions (associations) of small peoples' communities is carried out by decision of a general assembly (gathering) of members of a community of numerically small peoples or a congress (conference) of associations of communities (associations) adopted by the The most qualified members of the minority community or union (association) of small peoples ' communities. 2. The reorganization of minority communities, unions (associations) of small peoples ' communities can take the form of mergers, accession, separation and the separation of communities. 3. The State registration of small minority communities, unions (associations) of minority communities newly formed after reorganization, is carried out in accordance with the procedure established by federal law. 4. The property of communities of small peoples, unions (associations) of small peoples who are legal entities is transferred following their reorganization to newly formed communities of small peoples, unions (associations) of small peoples ' communities, under the Civil Code of the Russian Federation. Article 22. Elimination of small indigenous communities, unions (associations) of small peoples ' communities 1. The communities of numerically small peoples, unions (associations) of small peoples ' communities may be dissolved on the basis and in accordance with the procedure established by federal law. 2. In addition, communities of small peoples may be eliminated in the case of: leaving the community of more than two thirds of the founders or members of the community or other de facto impossibility to continue the activity of the community; Stop traditional housekeeping and traditional fishing; repeated gross violations of the community's objectives defined in the community's charter. Liquidation is carried out by a court order. 3. In the case of the liquidation of the minority community, its property remaining after the satisfaction of the creditors ' claims is subject to distribution among the members of the community, in accordance with their share of the property of the minority population, unless otherwise determined The Statute of the Community of Small Peoples. The decision to use the remaining property of the creditors of the small peoples ' community, the union (association) of small indigenous communities shall be published by the liquidation committee in the press. 4. The elimination of the community of small peoples is considered complete, and the community of small nations has ceased to exist after it has been recorded in a single State register of legal entities. (...) (...) N 31-FZ) N 31-FZ) N 31-FZ) N 31-FZ) N 31-FZ) N 31-FZ) Disputes to eliminate small communities are settled in court. Elimination of the union (association) of small peoples 'communities is carried out in accordance with the statutes of the union (association) of small peoples' communities in accordance with the procedure provided for by federal law. (Spconsumed by Federal Law of 21.03.2002) N 31-FZ ) In the event that a small minority community is not registered, the decision to remove or self-launch is directed to the State and/or local government bodies in the order of OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 23. Appeals against actions of state and local self-government bodies Municipalities of small peoples has the right to appeal to the court against actions of state authorities, local self-government bodies, and their bodies. Officials who infringe on the rights of minority communities and their members, in accordance with the procedure established by law, as well as to claim damages for damages caused by environmental damage. Article 24. Final provisions 1. This law shall enter into force on the date of its official publication. 2. Invite the President of the Russian Federation and the Government of the Russian Federation to bring their legal acts into conformity with this Federal Law. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 July 2000 N 104-FZ