A.B. Agapov. The Public Status of the Noncommercial Organizations

Abstract: The article describes rights and duties of the noncommercial organizations during their interactions with the inforcement authorities and their officials. The noncommercial organizations consist of legal persons, intended for realization of socially significant activity in spheres of economy, social policy, culture. Extraction of profit is not the basic purpose of their activity. Depending on the maintenance of property competences the noncommercial organizations can be divided conditionally into three basic kinds – the special, public and ordinary noncommercial organizations. The organizations created in the organizational-legal form (kind) of fund concern to the special noncommercial organizations. Enterprise competences of such organizations are essentially limited, they are intended, first of all, for realization of authorized socially-priority activity in spheres of culture, art, protection of the social rights, political activity. Independent establishment is the noncommercial organization created by the Russian Federation, the subject of Federation or municipal formation for performance of works, rendering of services with a view of maintenance of the state and municipal powers in spheres of social policy and culture. Depending on the maintenance of public needs in the form of independent establishments the objects operating in spheres of public health services can be created. Also in the form of independent establishments can be created the objects operating in spheres theatrical, musical, of motion picture arts. The independent establishments created in sphere of town-planning activity, render public services on areas of architecturally-building designing, territorial planning and others, applicability of such establishments can also be industrial activity, including construction, major overhaul, a design of objects of capital construction. The noncommercial organizations in the form of independent establishments are created also in the field of scientific activity – in spheres natural and applied sciences. The legal regulation of activity of independent establishments is provided with the certificates of the various validity including unified and special instructions. The founder of independent establishment can be the Russian Federation, the subject of Federation or the municipal formation, presented by corresponding enforcement authority or municipal body. Economic procedures provide formation by independent establishment and other noncommercial organization of the target capital created due to donations, the money resources brought in kinds acting basicly not from public sources. Independent establishments can be addressees of budgetary funds, in this case, additional duties are assigned to them on their target use. The major attribute of the public status of independent establishment are the attitudes caused by carrying out of the state control (supervision). The noncommercial organizations are object of the general control during which execution of fiscal, information and other public duties is checked. Application of sanctions to public noncommercial establishments is always caused by its organizational-legal form, although federal laws establish various preconditions and procedures of application of such sanctions.