Accepted at the tenth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of December 6, 1997, No. 10-8

MODEL LAW

About patronage and charity

Chapter 1. General provisions

Article 1. Patronage and charity

Patronage is understood as the disinterested, free aid of citizens in the field of art, sciences, cultures, educations, educations which is expressed in transfer to other citizens or legal entities of property and money.

Charity is understood as voluntary activities of citizens and legal entities on disinterested (non-paid or on favorable terms) transfer to citizens or legal entities of property and money, on disinterested performance of works, provision of services, rendering other support.

Article 2. Purposes of patronage and charity

1. Patronage is performed for the purpose of assistance in the field of art, science, culture, education, education for preserving, creation and distribution of cultural wealth in society, assistance to development of the creative and spiritual beginnings of the personality.

2. Charity is performed for the purpose of:

- social support and protection of citizens, including for improvement of financial position needy, social resettlement of the unemployed, disabled people and persons who owing to the physical and intellectual features, other circumstances are not capable to exercise independently the rights and legitimate interests;

- the scheduled maintenance connected with overcoming effects of natural disasters, environmental, industrial or other disasters and with prevention of accidents;

- assistance injured with natural disasters, environmental, industrial or other disasters, social, national, religious conflicts, and also to the victims of repressions, refugees and displaced persons:

- assistance to strengthening of the world, friendship and consent between the people, prevention of the social, national, religious conflicts;

- assistance to increase in prestige and role of family in society;

- assistance to protection of motherhood, childhood and paternity;

- assistance of activities in the field of education, sciences, cultures of art, education and to spiritual development of the personality;

- assistance of activities in the field of prevention and protection of public health, and also promotion of healthy lifestyle, improvement of moral and psychological condition of citizens;

- assistance of activities in the field of physical culture and mass sport;

- protection of the surrounding environment and protection of animals;

- protection and due content of the buildings, objects and the territories having historical, cult, cultural or nature protection value and also places of burials.

3. The direction cash, appliances and assistance in other forms to the commercial organizations, and also support of political parties, movements, groups and the companies charity are not.

Article 3. Legislation on patronage and charity

The legislation on patronage and charity is created by relevant provisions of Constitutions of the states of members of the CIS, the laws and other legal acts adopted taking into account regulations, the model law "About Patronage and Charity".

Article 4. Right to implementation of patronage and charity

1. Citizens and legal entities have the right to perform freely patronage and charity on the basis of voluntariness and liberty of choice of its all-useful purposes.

2. Citizens and legal entities have the right to perform freely patronage and charity individually or having combined, with education or without formation of philanthropic and charitable organizations.

3. Nobody has the right to limit liberty of choice certain to this model law of the purposes of patronage and charity and methods of their achievement.

Article 5. Patrons and participants of charity

Patrons are understood as the citizens performing philanthropic activities.

Are understood as participants of charity: the citizens and legal entities performing charity including by the support existing or creation of new charitable organization; citizens and legal entities for the benefit of whom charity is performed; philanthropists, volunteers; beneficiaries.

Patrons - persons performing philanthropic donations in forms:

- disinterested, voluntary conveyance of property, money and intellectual property items in property of cultural institutions, sciences, educations, educations;

- disinterested, non-paid investment with rights of possession, use and order any objects of the property right.

Philanthropists - persons performing charitable gifts in forms:

- disinterested (non-paid or on favorable terms) transfer into the ownership of property, money and (or) intellectual property items;

- disinterested (non-paid or on favorable terms) investment with rights of possession, use and order any objects of the property right;

- disinterested (non-paid or on favorable terms) performance of works, provision of services by philanthropists - legal entities.

Philanthropists have the right to determine the purposes and procedure for use of the donations.

Volunteers are the citizens performing charity in the form of labor of love for the benefit of the beneficiary including for the benefit of charitable organization. The charitable organization can pay the expenses of volunteers connected with their activities in this organization (traveling expenses, costs for transport and others).

Beneficiaries - persons receiving charitable gifts from philanthropists and the help of volunteers.

Article 6. Charitable organization

1. Charitable organization is non-governmental (non-state and not municipal) the non-profit organization created for realization of the purposes provided by this model law by implementation of charity for the benefit of society in general, separate categories of citizens or legal entities.

2. In case of excess of the income of charitable organization over its expenses the amount of exceeding is not subject to distribution between her founders (members), and is used for goal achievement for the sake of which this charitable organization is created.

Article 7. Forms of charitable organizations

Charitable organizations are created in forms of public organizations (associations), funds, organizations and in other forms provided by the laws of the State Parties of the CIS for charity.

The charitable organization can be created in the form of organization if her founder is other charitable organization.

Chapter 2. Procedure for creation and termination of activities of charitable organization

Article 8. Founders of charitable organization

As founders of charitable organization depending on its form physical and (or) legal entities can act. Public authorities and local government bodies, and also the state and municipal companies, the public and local government offices cannot act as founders of charitable organization.

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