Why do we need a law on charity? Nowadays, there are a large number of organizations involved in fraud under the guise of a good deed. That is why such an important area as the provision of material benefits to the needy population should be regulated by law. Federal Law 135-FZ "On Charitable Activities" will be considered in this article.
About the goals of charity
According to article 1 of the presented normative act, a set of voluntary actions by citizens to transfer certain property or cash to needy people is called a charitable activity. All this happens, of course, on a disinterested basis.
The goals of charity are quite simple. Here it is worth highlighting:
- social protection and support for a particular category of citizens;
- preparing the population for overcoming disasters and catastrophes;
- promoting peace;
- protection of motherhood, fatherhood, childhood and other similar phenomena;
- protection of culture, environment, etc.
The goals enshrined in article 2 of the Law "On Charitable Activities", comprehensively and accurately characterize the presented area.
About charity participants
Article 5 of the Federal Law "On Charity" indicates the main participants in the presented field. So, here it is worth highlighting:
- Philanthropists - citizens who are able to make charitable donations in a disinterested form. Philanthropists must pinpoint the purpose and order of donations.
- Beneficiaries - the second side of the charity process. These are individuals who receive donations from benefactors.
According to Article 4 of the Law "On Charitable Activities", Russian citizens have the right to freely carry out charity - in a single form or in a collective. It is about the latter that will be discussed later.
About charities
What is a charitable organization? According to article 6 of the normative act under consideration, this is a combination of non-governmental and non-commercial nature created to implement the tasks provided for by laws. Reaching the appropriate goals is possible only through the quality of charitable activities. A feature of such organizations is the inability to distribute the sums of money between the participants in the association in the event that the income exceeds expenses. All finances are intended only for the implementation of the tasks specified in the regulatory enactment.
Charity organizations come in several forms. According to article 7, funds, associations, institutions and other forms may exist. Each charitable organization is subject to state registration. Refusal to register a legal entity at the address of the founder is not allowed.
On the activities of charitable organizations
According to article 12 of the Federal Law "On Charitable Activities", the authorities under consideration have the right to carry out charitable activities to achieve the goals that are prescribed in the charter of the organizations themselves. This can be an activity to attract resources or to develop non-implementation measures, entrepreneurial activity, 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 property formation for the organizations in question? According to article 15, these are:
- contributions of the founders of the organization;
- contributions of members of the organization;
- donations to the organization;
- income from operations of a non-operating nature;
- income from activities to attract certain resources;
- income from certain types of entrepreneurship (but only one that is allowed 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 must have a special program.
On the role of state power
Article 18 of the normative act under review states that the state should in every way encourage and ensure the work of charitable organizations. Separate authorities are even obliged to punish individuals, which impede the implementation of charitable activities.
Article 19 of the Federal Law "On Charity and Charitable Organizations" states that the government should control the organizations in question. So, information on financial and economic activities, staff composition, violations, etc. should be entered into the relevant authorities.
About international cooperation
Article 21 refers to 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, etc.
In recent years, however, an inverse trend has emerged. In the Russian Federation, numerous foreign charitable organizations are recognized as “undesirable”. This, for example, Freedom House, the Soros Foundation, the Democratic Fund and other institutions known at the world level.