135-FZ: Law on Charitable Activities

Why do we need a law on charity? In our time, there are a large number of organizations engaged in fraud in the guise of a good cause. That is why such an important sphere as the provision of material goods to the needy population should be regulated by law. Federal Law 135-FZ "On Charitable Activities" will be discussed in this article.

On the Purposes of Charitable Activities

According to Article 1 of the submitted normative act, charitable activities are called a set of voluntary actions of citizens to transfer to a needy person a certain property or money. All this takes place, of course, on a disinterested basis.

The goals of charity are fairly simple. Here it is worth highlighting:

• Social protection and support for a particular category of citizens;
• Preparation of the population for overcoming disasters and catastrophes;
• Promoting peace;
• Protection of motherhood, paternity, childhood and other similar phenomena;
• Protection of culture, the environment, etc.

The goals enshrined in Article 2 of the Law "On Charitable Activities", exhaustively and accurately characterize the sphere represented.

On the participants of charitable activity

Article 5 of the Federal Law "On Charitable Activities" indicates the main participants in the sphere represented. So, here it is worth highlighting:

• Philanthropists - citizens who are able to carry out charitable donations in a disinterested form. Philanthropists should accurately determine the purpose and order of contributions made.
• The beneficiaries are the second side of the charity process. These are people who receive donations from philanthropists.

According to Article 4 of the Law "On Charitable Activities", Russian citizens have the right to free exercise of charity - in one-man form or in a collective. The latter will be discussed later.

About charitable organizations

What is a charitable organization? According to Article 6 of the normative act under consideration, this is an association of non-governmental and non-commercial nature created for the implementation of tasks stipulated by laws. Achieving the corresponding goals can only be through the quality of charitable activities. The peculiarity of such organizations is the lack of possibility to distribute monetary amounts between the members of the association in the event that incomes exceed expenditures. All finances are intended only for the implementation of the tasks established in the normative act.

Charitable organizations come in several forms. According to Article 7, there may exist funds, associations, institutions and other forms. Each charitable organization must be registered with the state. It is not allowed to refuse registration of a legal entity at the address of the founder's residence.

On the activities of charity organizations

According to Article 12 of the Federal Law "On Charitable Activities", the instances in question have the right to carry out charitable activities in order to achieve the goals that are prescribed in the statutes of the organizations themselves. This may be activities to attract resources or to develop non-implementation activities, business activities, a set of functions to support a particular social movement, etc. Charitable organizations do not have the right to spend their funds to support and finance political parties, movements, Groups and companies.

What are the sources of the formation of property for the organizations in question? According to Article 15, this is:

• Contributions of the founders of the organization;
• Contributions of members of the organization;
• Donations to the organization;
• Income from non-operating transactions;
• Income from activities to attract certain resources;
• Income from certain types of entrepreneurship (but only that which is allowed to be exercised by law);
• Volunteer work, etc.

Article 17 of the Federal Law "On Charitable Activities and Charitable Organizations" states that each instance of the type in question should have a special program.

On the role of state power

Article 18 of the normative act in question states that the state should encourage and support the work of charitable organizations in every possible way. Separate authorities are obligated to punish individuals, which hinder the implementation of charitable activities.

Article 19 of the Federal Law "On Charitable Activities and Charitable Organizations" states that the state power should control the organizations in question. Thus, information on financial and economic activities, the composition of personnel, violations, etc., should be entered in the relevant authorities.

About international cooperation

Article 21 deals with the possibility of close cooperation with international charitable organizations. Such organizations can open accounts in Russian banks, support the social spheres of the Russian state, cooperate with domestic charitable institutions, and so on.

In recent years, however, there has been a reverse trend. In the RF, many foreign organizations of a charitable nature are recognized as "undesirable". These are, for example, Freedom House, the Soros Foundation, the "Democratic Foundation" and other institutions known at the world level.