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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 11, 2012 No. 705

About approval of the Regulations on federal state supervision of activities of non-profit organizations

(as amended of the Order of the Government of the Russian Federation of 23.12.2014 No. 1449)

According to the Federal Law "About Non-profit Organizations" Government of the Russian Federation decides: Approve the enclosed Regulations on federal state supervision of activities of non-profit organizations.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of July 11, 2012 No. 705

Regulations on federal state supervision of activities of non-profit organizations

1. This Provision establishes procedure of federal state supervision of activities of non-profit organizations (further - the state supervision).

2. Tasks of the state supervision are the prevention, identification and suppression of violations of requirements of the legislation of the Russian Federation by non-profit organizations in field of activity of non-profit organizations.

3. The state supervision is exercised by the Ministry of Justice of the Russian Federation and its territorial authorities (further - state supervision bodies).

4. Provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Carrying Out the State Control (Supervision) and Municipal Control" taking into account features of the organization and conducting the checks established by the Federal Law "About Non-profit Organizations" are applied to the relations connected with implementation of the state supervision, the organization and conducting checks of non-profit organizations.

5. The state supervision is exercised by means of conducting scheduled and unscheduled documentary and exit inspections of observance by non-profit organizations of the requirements established by the Federal Law "About Non-profit Organizations" and other Federal Laws, and also accomplishment of preventions (ideas) of officials of state supervision bodies of elimination of the revealed violations of the specified requirements. Scheduled inspections are carried out according to annual plans of conducting such checks.

Unscheduled inspections are carried out on the bases and according to the procedure which are stipulated in Clause 32 Federal Laws "About Non-profit Organizations".

6. Subject of checks is:

a) observance by non-profit organizations (except for political parties, regional departments and other structural divisions of political parties) the requirements of the legislation of the Russian Federation and the purposes provided by their constituent documents including requirements for expenditure non-profit organizations of money and to use of other property by them;

b) observance by political parties, regional departments and other structural divisions of political parties of the legislation of the Russian Federation and compliance of their activities to the provisions, purposes and tasks provided by charters of political parties.

7. Terms and the sequence of ministerial procedures when implementing the state supervision are established by the administrative regulations developed and approved according to the order of the Government of the Russian Federation of May 16, 2011 N 373.

8. State supervision bodies when implementing the state supervision interact with public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies.

9. Officials, representatives to exercise the state supervision, are:

a) heads of state supervision bodies, their deputies;

b) heads of structural divisions of state supervision bodies, their deputies whose official regulations provide powers on implementation of the state supervision;

c) other government civil servants of state supervision bodies which official regulations provide powers on implementation of federal state supervision.

10. The officials of state supervision bodies specified in Item 9 of this provision when implementing the state supervision according to the procedure established by the legislation of the Russian Federation have the right:

a) request from governing bodies of non-profit organization their administrative documents, except for the documents containing data which can be received according to the subitem "b" of this Item;

b) request information on financial and economic activities of non-profit organizations from bodies of the state statistics, federal executive body, the representative for control and supervision in the field of taxes and fees, and other state supervision bodies and control, and also from credit and other financial institutions;

c) direct the representatives for participation in holding actions by non-profit organization;

d) perform compliance of activities of non-profit organization, including on expenditure of money and use of other property, the purposes provided by its constituent documents;

e) in case of identification of violation of the law of the Russian Federation and (or) making by non-profit organization of the actions contradicting the purposes provided by its constituent documents to issue the written warning (representation) with indication of the allowed violation and term of its elimination constituting at least 1 month (concerning political parties - at least 2 months), and also to take other measures, stipulated by the legislation the Russian Federation.

11. The officials of state supervision bodies specified in Item 9 of this provision when implementing the state supervision shall:

a) timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of the requirements established by the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control", other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other regulatory legal acts of subjects of the Russian Federation accepted according to them;

b) observe the legislation of the Russian Federation, the right and legitimate interests of non-profit organizations concerning which it is performed;

c) perform according to its appointment based on the corresponding order of the head of state supervision body or its deputy;

d) perform only during execution of service duties, exit check only in case of presentation of the official ID, copy of the order of the head of state supervision body or its deputy;

e) not interfere with the head, to other official or the authorized representative of non-profit organization to be present when conducting check and make explanations on the questions relating to check subject;

e) provide to the head, other official or the authorized representative of non-profit organization who are present when conducting check, information and documents relating to check subject;

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