How can NPOs save money on renting premises? Moscow non-profit organizations will receive new premises from the city authorities. Lease agreements for premises of a non-profit organization.

Round table of Moscow socially-oriented non-profit organizations

« The problem of providing premises socially oriented non-profit organizations in Moscow »

Resolution

The children's folk art studio "Rainbow", which has been successfully operating for more than 40 years, may lose its premises this year, since the space occupied by the studio for many years, transferred for use to a municipal institution.

The center for sociocultural animation “Inspiration,” which professionally helps young disabled people and families with disabled people, does not have its own premises, despite repeated promises from the authorities to help. Today, the Center’s specialists and volunteers, using their own methods and supported by the Federal Fund for Assistance to Children in Difficult Life Situations, work using the base of one of the government institutions in Moscow. However, this practice is not legalized in any way. On the contrary, the adopted norms prohibit the heads of state and municipal institutions from providing conditions for the work of non-governmental non-profit organizations.

The socially oriented public organization ROO “Rat” is in a similar position, promoting effective methods for introducing young people to a healthy lifestyle.

All-Russian public organization “National System “Integration”, known in all regions of the Russian Federation, uses non-residential premises in a building under major renovation. And the innovative department of this organization, which is engaged in preserving national gaming traditions and creating new educational board and outdoor games, has no premises at all.

The object of constant attacks by DIGM is the premises of the Moscow Tourist Club, where the Sports Tourism Federation operates. Federation has to prove to the Department that it is a socially oriented organization.

The “Volunteers to Help Children” Charitable Foundation, engaged exclusively in charitable activities and involving volunteers to help children, forced to rent premises on commercial terms. Currently, the fund pays rent from sponsors. But this money could go to help orphans. The fund needs premises provided on preferential terms.

A situation of blatant injustice has developed around the NOU Classical Philosophical School “New Acropolis”, which in 2010 was denied an extension of the lease agreement. In order for more than 1,000 adult Muscovites, including youth, veterans and disabled people, as well as about 300 children participating in the activities of this non-profit organization, to have opportunities for meaningful leisure, cultural creativity and charity, this organization is currently emergency assistance required. Otherwise, the bailiffs will throw this unique SO NPO out onto the street, despite how much money, labor and love the organization’s members invested in the renovation and equipment of the premises provided to them 17 years ago, which are now in exemplary condition.

These are not all examples confirming there is a deep problem, requiring on the one hand acceptance urgent measures on the part of the city authorities, and on the other hand - the adoption system solutions based on the application of the norms of Federal Law No. 40. (Appendix No. 1 contains a list of organizations for which an urgent solution to the issue is required; Appendix No. 2 contains proposals for the formation of systemic solutions.)

The complexity of the situation is determined by the fact that in most cases the actions of government officials are formally consistent with the current legislation. But the results of their actions are obvious - creative, energetic and caring people - the real human capital of our city - are forced to stop their socially useful work! But these people and the socially oriented organizations they created, for the most part, are engaged in the creative development of our children and helping the disabled! It turns out that creative activity aimed at people and their spiritual and cultural development depends on the position of temporary workers who find themselves, perhaps by chance, in power.

This situation cannot be considered normal, since the rule of law is not only about following the letter of the law, but also about developing legislation in the interests of the population, as well as the inadmissibility of arbitrariness on the part of representatives of the executive branch.

We, the participants of the round table, appeal to the Mayor of our city with a demand taking measures in the interests of the population.

Acceptance needed political decisions, forming the priority right of socially oriented organizations to use premises and land owned by the city. Non-residential premises owned by the city must be used in the interests of its residents, and SO NPOs must have the primary right to use them due to the socially beneficial nature of their activities. The city, in accordance with the spirit of Federal Law No. 40, must provide premises to SO NPOs for free use or preferential rent. Decision-making on the provision of city premises should not be carried out behind the scenes of power, but openly and with the participation of authoritative representatives of the public.

Political guidelines and explanations are needed for officials at all levels, including heads of local governments about the need for careful attitude and all possible support for socially useful activities.

It is necessary to warn the heads of all city authorities and local self-government about their personal responsibility for the destruction of the forms of socially oriented work that have developed in the territory under their jurisdiction.

By allowing the destruction of socially oriented NGOs and leaving them without premises, the Moscow authorities not only harm irreparable damage to the city, but also pushed into the camp of the political opposition active, previously absolutely non-politicized people.

We, the participants of this round table, defending our position, seek support from the federal authorities, as well as the media and residents of our city.

We are citizens of our country, residents of our city, and we must determine the priorities for the development of our society. And there is no need to push us to organize rallies and other political protests! It is simpler and more correct to hear the appeals of the population and take timely measures in the interests of the people.

On behalf of the participants,

round table presenters:

Chairman of the Committee for Civil Rights

Director of the Center for Social Partnership

Annex 1

Information about socially oriented NGOs that participated in the Round Table, which emergency assistance required

Children's studio "Semitsvetik" on Arbat

The children's art studio of Vera Troitskaya has been located in a basement on Arbat (Spasopeskovsky Lane, 3/1) for more than fifteen years. Under the guidance of a full member of the Union of Artists, children are engaged in wood carving, pottery, ceramic modeling and drawing. All classes are absolutely free. Troitskaya bought special kilns where children’s crafts are fired without financial assistance from the district authorities. Sponsors helped and the parents themselves were happy to stay for classes and work with their children.

The history of the studio’s struggle for the right to exist has been going on for almost 10 years. In the early 2000s, the initiator of the eviction of the studio from the premises on Arbat was the head of the municipality L. Burkina, and the executor was the State Unitary Enterprise DEZ of the district. The actions of local authorities in this case bordered on criminality. The studio premises were repeatedly destroyed by hired attackers; Property was destroyed, including expensive muffle furnaces and art books. 2 riot police buses were called in to evict the rebellious studio manager and her children. And in 2007, A and her colleague were immured in a room using a welding machine. Two elderly women spent 17 hours in a brewed basement. The rescue process with the help of the Ministry of Emergency Situations team was filmed on television (Channel 3 and the Stolitsa channel). There was no reaction from the prosecutor's office.

At the end of 2007, the head of the municipality was replaced, but the process of eviction of the studio continued. The new head of the municipality initiated a lawsuit to evict the children's studio through the Moscow Property Committee. The premises were again destroyed; photographs of the destruction became the argument of the Moscow Property Committee to prove that no creative work was being carried out in this premises and that it was in disrepair. The municipality does not sign documents for renting a basement. Apparently, maintaining an unprofitable children's studio in the very center of the capital is not part of the municipality's plans.

ROO "Cultural and recreational leisure center at the place of residence "Yunost" of the Dorogomilovo district.

The center was created by residents and veterans of the neighborhood 34 years ago.

About 3,000 children and 650 veterans of the Dorogomilovo district studied there.

Its ideological organizer and permanent leader is Rosa Aleksandrovna Vasilyeva, a participant in the Great Patriotic War, a member of the Presidium of the “Association of Public Associations of the Hero City of Moscow”, a member of the Presidium of the Interstate Union of Hero Cities and Cities of Military Glory, awarded 28 awards of various denominations for the war period and for work with youth.

The center occupied the building of a former school at the address: Ukrainian Boulevard. Premises, more than 1500 sq. meters were provided to the center on the basis of a Decree of the Moscow Government, with which a Lease Agreement was concluded until the end of 2012.

But starting in 2007, the Department of Property Relations began legal proceedings (Arbitration) in order to terminate the Lease Agreement and evict the Yunost Center. And they succeeded with the third lawsuit. In June 2009, having received the decision of the Arbitration Court on eviction in connection with the unilateral termination of the lease agreement, promptly, before the completion of all judicial instances, on December 7, 2009, a barbaric eviction of the Yunost Center was carried out with machine gunners, all property was taken out in an unknown direction, accumulated over 34 years, these are eight pianos, theatrical costumes, furniture, all documentation. Office equipment and other property were thrown onto the street. In the presence of children, more than 30 parrots and aquarium fish were flushed down the drain. Exhibits from museums of 3 fronts were also taken out to an unknown location, and workers gouged out the eyes of the portraits of the Marshals of Victory. All this was done in order to put the premises up for auction, which was done. The premises were sold in February 2010. Two months later, the Federal Arbitration Court cancels the decision on eviction. Now KOTSD "Yunost" is challenging the legality of the sale of the building in which the children studied in the Arbitration Court.

Regional public organization for promoting the development of creativity of children and youth “Leisure Center “Impulse” (NEAD, Medvedkovo district)

The regional public organization for promoting the development of creativity in children and youth, the Leisure Center Impulse, was created in Medvedkovo by an initiative group of area residents in 1985. For more than 20 years, the organization has carried out various social programs, social orders of the administration and municipality of Yuzhnoye Medvedkovo, the prefecture of the North-East Administrative District, the Committee for Family and Youth Affairs of the Moscow Government, and the Department of Family and Youth Policy of the City of Moscow. Since 2004, “Impulse” has been executing a comprehensive long-term social program “New Century - New Club”, developing cultural, sports, educational, and leisure activities among children, youth, young families and the adult population at their place of residence. The center has choreographic, variety, and music studios, a family theater, a book club, applied arts and creativity studios. In just 23 years, more than 20,000 people worked at Impulse. "Impulse" was fully outfitted and equipped. As a leisure center through the investment of funds and many years of work of the organization’s participants - residents of Southern Medvedkovo and North-East Administrative District.

On June 30, 2008, the premises of the RPO DC "Impulse" (Polyarnaya St., building 10, building 1) were illegally, without a court decision, by force taken away by the municipality of VMO Yuzhnoye Medvedkovo, with the unlawful assistance of the local police and deputies.

Numerous awards of the public organization received from the authorities and administration of the district, district, city and state, including international ones, many years of experience, methodological developments and the great contribution of a stable team to the development of Moscow society were not taken into account.

The social contract was deliberately not renewed by municipal officials, and no competition for the use of space was held. According to the raider scheme, the newly created municipal institution MU “CDS Olympus” was moved into the premises, and the “Impulse” center, which had been working continuously for 23 years at that time, was thrown out onto the street along with the children and teachers.

All awards, documents and property of the organization (library, museum, costumes, decorations and much more) were seized, dismantled, moved and looted. The work of 15 teams and teachers, classes of 300 participants, long-term social programs carried out by the center have been stopped.

The premises, despite numerous protests and appeals from residents, have not yet been returned to the RPO “DC Impulse”, and other premises have not been provided; the participants of the organization - children, parents and teachers - are forced to wander and conduct their classes on the street and in temporary premises not in place of your residence.

NOU KFS "New Acropolis"

NOU KFS "New Acropolis" is the largest institution of additional education in the region, one of the largest in the Southern Administrative District, as well as one of the largest non-governmental non-profit organizations in Moscow.

This educational, cultural and educational organization for children and adults has existed for more than 25 years in Moscow. There is a preschool lyceum, day care groups for preschoolers, music-aesthetic and scientific-technical studios for schoolchildren, a children's and youth association "Camelot", regular meetings, lectures, seminars on the history of civilizations, symbolism of cultures, literary and musical evenings, concerts, Meetings are organized with outstanding people of our time - filmmakers, musicians, writers, actors, directors, and applied arts studios operate. In addition, “New Acropolis” is the initiator of volunteer actions in the field of ecology, helping orphans and disabled children, people with disabilities, and children in rehabilitation centers. The members of the organization created dozens of scientific and educational films, which were shown on the Kultura TV channel, and held more than 1,500 cultural and educational events in Moscow.

Currently, 1000 people, including more than 300 children, are studying at the New Acropolis non-governmental educational institution of physical education. The school employs 25 employees, all of them are Muscovites. About 100 volunteers help in their work.

In 2009, the non-profit educational institution “New Acropolis” expired a long-term lease agreement (10 years). Initially, in 1995, when the lease was concluded, the building was owned. In 1999, the premises were transferred to the Moscow Property Committee, which entered into a lease agreement for a period of 10 years.

In 2009, after the end of the lease agreement, the Moscow Property Department, in response to numerous requests to extend the lease agreement, refused to conclude a new agreement, citing the fact that this building should be transferred to the jurisdiction of the Moscow Department of Education, which had never previously received this premises belonged and who refuses to receive this premises. It should be noted that the Moscow Department of Education does not need kindergartens in the Orekhovo - Borisovo North district, since the provision of places in kindergartens in the region exceeds 100%. Moreover, the Department of Education supports the work of the non-profit educational institution “New Acropolis”.

However, the Moscow Arbitration Court issued a decision dated January 26, 2010 to evict the non-profit educational institution “New Acropolis” from the occupied premises, since the owner does not want to renew the lease agreement. To solve the problem, it is necessary to conclude an agreement to extend the lease.

ROO "Kosinsky Children's Marine Club"

The club has existed for 25 years. It has its own material and technical base, including premises owned by the club, watercraft, and a small shipyard for building yachts. The Kosinsky Children's Marine Club carries out military-patriotic and sports work with children and youth, and provides its base for training and competitions for many children's associations in Moscow.

For many years, the club has been unable to resolve the issue of the right to use the land on which its buildings and structures stand. The consequence of this problem in 2012 was an administrative ban on the Club’s use of the water area of the lake on the shore of which the club is located. The club needs help resolving the land issue.

Appendix 2

Offers

1. State Duma of the Russian Federation

1.1 Legislatively provide for the encumbrance of premises allocated for socially significant activities of non-profit organizations, with a ban on their repurposing.

1.2. Establish that in the event of a conflict of interests of the owner and public interests related to the purposeful nature of the premises, as intended for the work of socially oriented NPOs, public interests have priority.

1.3. Provide socially oriented NPOs that occupy premises for a long time with the right to purchase the occupied premises at a preferential price.

2. Moscow City Duma

2.1. Develop the Law of the City of Moscow “On the implementation of public control over the observance of human rights, the interests of civil society and the interests of the City of Moscow when the Department of Property of the City of Moscow provides non-residential premises.”

2.2. Approve a targeted city program for the provision of social services and the development of a network of clubs in the community based on NPOs, including support for amateur activities of the population in the list of government services.

3. Moscow City Property Department:

3.1. Based on the list of premises already rented (2,400 organizations), allocate quotas of premises with preferential and long-term rent (similar to small businesses) for the work of SO NPOs in order to implement social programs, including a separate quota of premises from 150-200 sq. m. m for the implementation of programs based on club technologies.

3.2. Conclude lease agreements with socially oriented non-profits on a long-term basis;

3.4. Develop a normative act on the creation of a Public Expert Council under the DIGM on issues of SO NPOs with the involvement of representatives of specialized Associations, Unions of SO NPOs and Public Councils (public associations) of leaders of SO NPOs.

3.4. Create separate pages on the Internet for SO NPOs with information about competitions and the provision of premises to SO NPOs.

3.6. Disclose on your website information about non-profit organizations that occupy premises on a free or preferential basis;

4. To the council of municipalities:

4.1. Develop regulations and implement the norms of Federal Law No. 40 to support the socially useful activities of SO NPOs

4.2. Develop and implement regulations for the provision of premises to public associations on the basis of municipal institutions.

4.3. Develop regulations for the provision of one premises for the activities of 2-3 SO NPOs (if appropriate and possible to implement social programs on the territory).

4.4. Consider it mandatory to include in the competition commissions of municipalities for the provision of premises free of charge representatives of specialized Associations, Unions of SO NPOs and Public Councils (public associations) of leaders of SO NPOs.

4.5. Prevent the deprivation of premises of socially oriented NPOs.

Consider the deprivation of premises of NPOs carrying out socially useful activities as an unconditional basis for terminating a contract with the head of the municipality.

4.6. Organize training for deputies on issues of social policy and interaction with socially oriented NGOs.

5. To the Moscow Government:

5.1. Consider the preservation of previously provided premises and the provision of new premises to socially oriented non-profit organizations in Moscow as one of the main criteria for assessing the work of the Moscow Property Department.

5.2. Establish a rental benefit for such organizations, and also develop an algorithm for their exemption from paying rent or deferring its payment in the absence of funds.

5.3. Provide forms of public control for:

Provision or seizure by the Moscow Property Department of premises from socially oriented NPOs.

Formation and maintenance of the Register of socially significant and socially useful programs and organizations;

5.4. Invite representatives of stable and proven associations to carry out expert and control public functions in the field of providing premises to SO NPOs.

5.5. Comply with Moscow standards for the allocation of non-residential premises for social purposes. In those municipalities (governments) where these premises are now significantly less than the standard, the Moscow Government will in the near future allocate additional premises for social purposes.

5.6. Conduct a public inspection of the use of premises allocated for social purposes. If they are used for other purposes, initiate the termination of contracts with tenants and the transfer of premises to socially oriented NPOs.

6. Socially oriented non-profit organizations in Moscow:

6.1. Create a network of specialized Associations that represent the interests of SO NPOs at all levels and carry out expert and control public functions.

6.2. Consider the feasibility and possibility of creating self-regulatory organizations.

7. Commission of the Public Chamber of the Russian Federation on social policy, labor relations and quality of life of citizens

7.1. Hold an extended meeting of the commission on the issue of working conditions for socially oriented organizations in Moscow with the invitation of representatives of city and federal authorities.

7.2 Summarize the experience of law enforcement of Federal Law No. 40 in various regions of the Russian Federation and develop recommendations to authorities on improving the conditions for the activities of SO NPOs.

However, in real life things are not so simple.

It is assumed that regional and local administrations can provide NPOs with premises that are in state and municipal ownership. There are several forms of such support:

Transfer of buildings and premises for free use to non-profit organizations;
Transfer of buildings and premises for short-term (up to one year) or long-term lease at preferential rental rates;
Providing NPOs free of charge or on preferential terms with premises for holding individual events;
Providing non-profit organizations with opportunities to work on the basis of state and municipal institutions of the relevant profile;
Creation of specialized state and municipal institutions that provide non-profit organizations with premises free of charge or on preferential terms for holding individual events or for regular activities.

For temporary use by non-profit organizations, real estate of some other categories can also be used - in the areas of activity of the relevant NPOs, for example, cultural heritage objects (historical and cultural monuments), sports facilities.

However, established practice shows that the question of the effectiveness of such use of state and municipal property, as well as its independent assessment, has almost never been raised. The regulatory framework that would ensure equal access of non-profit organizations to such a form of support as the transfer of premises to them for temporary use on preferential terms has not been developed.

But SO NPOs can still try to get premises for their activities on preferential terms.

This list or register contains information about buildings and premises (usually a list of them indicating the address, area and other information) that are offered for rent. But keep in mind that this list or register is general for everyone, and there is no reference there to the fact that these premises are provided specifically by NPOs. For example, the Moscow list can be found here.

After that, you need to contact the relevant executive authority of the subject or the local administration and provide a full package of documents, including those confirming the social orientation of the NPO. You can also attach a request for preference to them. If he is not satisfied, you still have nothing to lose. But in case of a positive decision, the NPO will receive serious additional support, for example, preferential rent for the use of a building or premises.

Officials may state that the premises you have chosen can be transferred to an NPO only after a competition or auction, citing Article 17.1 of Federal Law No. 135-FZ “On the Protection of Competition”. But a competition is not held if we are talking about a socially oriented NPO. In the same article, at the end of paragraph 1 it is said: “except for the provision of specified rights to such property,” and then such exceptions are listed, and subparagraph 4 includes socially oriented NPOs as such exceptions. Accordingly, the conclusion of agreements providing for the transfer of rights of ownership and/or use of state or municipal property (including buildings and premises) with NPOs on the basis and subject to the conditions of clause 4, part 1, article 17.1 of the Federal Law “On Protection of Competition” is carried out without bidding.

Remember that the property transferred to you, including premises, can only be used for its intended purpose. It is prohibited to sell it, assign the rights to use it, pledge the rights to use it, and enter the rights to use such property into the authorized capital of any other business entities. Otherwise, the authorities that issued the premises to you have the right to apply to the arbitration court with a demand to terminate the rights of ownership and/or use of the property.

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Non-profit organizations are inclined towards social projects

Capital non-profit organizations (NPOs) wishing to receive government support were “recommended” to become “socially oriented.” The directions of “socialization” are spelled out in the law adopted on January 25 by the capital’s parliament, which enshrines changes in the area of interaction between government bodies and NPOs.

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Now, in order to receive a city subsidy from the city and rent premises on preferential terms, the organization must be “socially oriented”, that is, work in such areas as family protection, overcoming social orphanhood, promoting the adaptation of orphans, organizing leisure time for residents of the capital, providing employment, prevention of extremism, healthcare, etc.

Moscow City Duma deputy Tatyana Portnova added that the law also introduces the obligation to establish a register of NPOs to which the government provides assistance, and also defines forms of support for organizations - financial (in the form of subsidies), property (benefits for renting premises), tax, information and advisory.

As Svetlana Gladkova, head of the department for interaction with civil society institutions of the Moscow City Public Relations Committee, explained, organizations will also be able to obtain premises without participating in a tender (previously it was necessary to participate in the competition of the property department). “Whether or not to allocate premises for the needs of a particular organization will be decided by the selection committee. A normative act will also be created that defines the conditions, principle and procedure for providing premises to NPOs. The main principle is the implementation of targeted social programs in the interests of Muscovites,” Gladkova said. According to her, those organizations that receive financial support will be made publicly available.

In total, today there are several forms of property support. Thus, for veteran public organizations and societies working with disabled people and children, the minimum rental rate is 1.8 thousand rubles per 1 sq. m. m. For comparison: the market price for renting premises is on average 8 thousand rubles per 1 sq. m. m. Also for a number of organizations there is an estimated rental rate with a zero coefficient. Under certain conditions, premises may be provided free of charge.

As for financial support, it is partial. “The subsidy is paid if the organization has 30% of the requested amount. There is no maximum amount. The selection committee decides how much the declared amount corresponds to the actual costs, added Gladkova. - Sometimes projects indicate too high salaries and overestimate the cost of equipment. We are still a government organization and focus on the minimum.”

However, as representatives of the NPOs themselves admitted, the main problem is precisely related to obtaining premises; “high salaries” are not the main thing for them. Ekaterina Bermant, director of the Children's Hearts charity foundation, which helps children with congenital diseases of the heart and nervous system, said that her employees have to huddle in an office rented in one of the capital's hospitals. According to the organization’s report for 2010 (the results for 2011 are currently being worked out), the fund paid for the treatment of 202 children and transferred more than 46 million rubles to hospitals.

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Grigory Mazmanyants, executive director of the Podari Zhizn Foundation, explained that throughout the world, various benefits apply to such organizations, including support in the form of cheap rental of premises, accounting and legal services, etc. “It is beneficial for the state to attract NPOs. Typically, to implement socially significant tasks, budget funds are required three, and in Russian conditions - ten times more than the funds of a non-profit organization. After all, in order to buy medicine for a hospital, it is necessary to support officials who collect and distribute taxes, organize complex procurement procedures, and also take into account the corruption component at every stage. In the 1950s in the USA, this ratio was 3:1, that is, where an NPO spends $1, the state budget needed $3 to achieve the same goals,” the expert said.

According to the Ministry of Justice of the Russian Federation, more than 28 thousand NPOs are currently registered in the capital, of which 70% (19.6 thousand) are “socially oriented.”

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Socially oriented non-profit organizations can receive non-residential premises from the state for ownership and (or) use.

The Chairman of the Government of the Russian Federation D. Medvedev signed the Resolution of the Government of the Russian Federation dated December 30, 2012. N 1478 "On property support for socially oriented non-profit organizations".

Socially oriented non-profit organizations can now receive non-residential premises for ownership and (or) use from the state.

This list includes only non-residential premises that are federally owned and free from the rights of third parties (except for the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation).

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The list is compiled by the Federal Property Management Agency and published on its official website.

The premises are excluded from the list if 2 times in a row after posting a notice about the possibility of providing this facility within the allotted time, not a single application is submitted.

Rules have also been approved according to which the premises included in the specified list are provided to socially oriented NPOs for ownership and (or) use on a long-term basis.

The conditions for the provision of this property have been determined. In particular, it must be used for its intended purpose. The premises are provided for free use or rent for 5 years, etc.

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620137, Ekaterinburg,

st. Alexandrovskaya, 2

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(entrance from Sakhalinskaya street)

The building, or the specifics of obtaining premises for a public organization.

In some constituent entities of the Russian Federation, non-profit organizations receive premises without any obstacles. Unfortunately, this practice is not universal, and therefore a non-profit organization needs to refer to Articles 31 and 31.1 of the Federal Law “On Non-Profit Organizations”, which sets out the basic provisions for providing support to socially oriented non-profit organizations from state authorities and local governments.

Based on clause 1 of Article 31 of the Federal Law “On Non-Profit Organizations”, state authorities and local government bodies, in accordance with the powers established by this Federal Law and other federal laws, can provide economic support to non-profit organizations.

In accordance with paragraph 7 of Art. 31.1 of the Federal Law “On Non-Profit Organizations”, federal executive authorities, executive authorities of constituent entities of the Russian Federation and local administrations have the right to approve lists of state and municipal property free from the rights of third parties (with the exception of property rights of non-profit organizations). State and municipal property included in these lists can only be used for the purpose of providing it for possession and (or) use on a long-term basis (including at preferential rental rates) to socially oriented non-profit organizations. These lists are subject to mandatory publication in the media, as well as posting on the Internet information and telecommunications network on the official websites of the federal executive authorities, executive authorities of the constituent entities of the Russian Federation, and local administrations that approved them.

Carefully read the website of the administration of your municipality, where you will definitely find a page that contains information about buildings and premises (usually a list of them, indicating the address, area and other information) that are provided for socially oriented non-profit organizations. Establish interaction with state authorities and local governments that manage state and municipal property on the territory of your subject or municipality.

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After the premises that will be provided to a non-profit organization have been determined, government officials often mistakenly say that it is necessary to hold a competition or auction, referring to Article 17.1 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” .

This is not entirely true, or rather absolutely false in relation to a socially oriented non-profit organization.

In accordance with clause 1 of Article 17.1 of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition”, the conclusion of lease agreements, agreements for free use, agreements for trust management of property, and other agreements providing for the transfer of ownership and (or) use rights to in relation to state or municipal property that is not secured by the right of economic management or operational management, can only be carried out based on the results of competitions or auctions for the right to conclude these agreements, with the exception of granting the specified rights to such property, among others, to non-profit organizations created in the form associations and unions, religious and public organizations (associations) (including political parties, social movements, public funds, public institutions, public amateur bodies, trade unions, their associations (associations), primary trade union organizations), associations of employers, owner's associations housing, socially oriented non-profit organizations, provided they carry out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as other types of activities provided for in Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations” .

Explanations regarding the conclusion of agreements providing for the transfer of rights of ownership and (or) use of state or municipal property with non-profit organizations are given in the Letter of the Federal Antimonopoly Service of Russia dated 04/24/2014 N TsA/16309/14 “On the direction of clarification of the application of Article 17.1 of the Federal Law of 07/26/2006 N 135-FZ “On the Protection of Competition”, as well as in the Explanations of the FAS Russia dated 06/05/2012 on the application of Article 17.1 of the Federal Law dated 07/26/2006 N 135-FZ “On the Protection of Competition” (taking into account the amendments made by the Federal Law dated 06.12. 2011 N 401-FZ), which states that there is no need to hold a competition or auction in this case.

Thus, the conclusion of agreements providing for the transfer of rights of ownership and (or) use of state or municipal property (including buildings and premises) with non-profit organizations on the basis and subject to the conditions of clause 4, part 1, article 17.1 of the Federal Law “On protection of competition" is carried out without holding tenders.

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Don't forget to write a request for preference. If satisfied, your nonprofit may receive additional support, such as reduced rent for the use of the building or space.

Thus, for the SRSOOO “Right to Protection and Assistance”, a municipal preference was provided in the form of preferential rent for the use of premises in the municipal formation “city of Yekaterinburg” in accordance with Resolution of the Administration of Yekaterinburg dated June 26, 2012 N 2751 “On approval of the Administrative Regulations for the provision of municipal services for the provision of municipal preferences”, Resolution of the Head of Yekaterinburg dated March 20, 2008 N 1007 (as amended on April 28, 2011) “On approval of adjustment coefficients to the base rent rate under lease agreements for municipal non-residential facilities of the municipal formation “Ekaterinburg City”.

Thus, in accordance with regional or local legislation, a socially oriented non-profit organization may additionally be provided with one or another type of preference, including preferential rent for the use of a building or premises.

How to get premises of a public organization

ABOUT PROTECTION OF COMPETITION

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(as amended by Federal Laws dated December 1, 2007 N 318-FZ,

dated 04/29/2008 N 58-FZ, dated 06/30/2008 N 108-FZ,

dated 08.11.2008 N 195-FZ, dated 17.07.2009 N 164-FZ,

dated July 17, 2009 N 173-FZ,

Free legal advice:

as amended by Federal Law dated July 18, 2009 N 181-FZ)

Article 17.1. Features of the procedure for concluding contracts in relation to state and municipal property

(as amended by Federal Law dated July 17, 2009 N 173-FZ)

Until July 1, 2015, it is permitted to conclude for a new term, without holding competitions or auctions, lease agreements specified in Part 1 of Article 17.1 of this Federal Law and concluded before July 1, 2008 with small and medium-sized businesses, with the exception of small and medium-sized businesses specified in part 3 of Article 14 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", and small and medium-sized businesses engaged in the extraction and processing of minerals (except for common minerals), provided at the time of concluding such a lease agreement for a new term, there are no grounds for its early termination provided for by civil law. In this case, the conclusion of lease agreements provided for in this part is possible for a period not exceeding July 1, 2015 (Part 4 of Article 53 of this document).

1. The conclusion of lease agreements, agreements for gratuitous use, agreements for trust management of property, and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management can be carried out only based on the results holding competitions or auctions for the right to conclude these agreements, with the exception of granting the specified rights to such property:

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1) on the basis of international treaties of the Russian Federation (including intergovernmental agreements), federal laws establishing a different procedure for disposing of this property, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, court decisions that have entered into legal force;

2) state bodies, local government bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation;

3) state and municipal institutions, state corporations, state companies;

4) non-profit organizations created in the form of associations and unions, religious and public organizations (associations) (including political parties, social movements, public funds, public institutions, public amateur bodies, trade unions, their associations), primary trade unions organizations), employers' associations, homeowners' associations;

5) lawyers, notaries, chambers of commerce and industry;

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6) educational institutions, regardless of their organizational and legal forms, including state and municipal educational institutions specified in paragraph 3 of this part, and medical institutions of the private health care system;

7) for the placement of postal facilities;

8) a person who has the rights to own and (or) use the engineering support network, if the transferred property is part of the corresponding engineering support network and this part of the network and the network are technologically connected in accordance with the legislation on urban planning;

9) in the manner established by Chapter 5 of this Federal Law;

10) to a person with whom a state or municipal contract was concluded based on the results of a competition or auction held in accordance with Federal Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs ", if the provision of these rights was provided for in the tender documentation, auction documentation for the purposes of execution of this state or municipal contract. The period for granting the specified rights to such property cannot exceed the period for execution of the state or municipal contract;

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11) for a period of no more than thirty calendar days over six consecutive calendar months (granting the specified rights to such property to one person for a total period of more than thirty calendar days over six consecutive calendar months without holding competitions or auctions is prohibited);

12) in exchange for real estate, the rights in respect of which are terminated in connection with the demolition or reconstruction of a building, structure, structure of which such real estate is or part of, or in connection with the granting of rights to such real estate to state or municipal educational institutions, medical institutions. In this case, the real estate, the rights to which are granted, must be equivalent to the previously existing real estate in location, area and value determined in accordance with the legislation of the Russian Federation regulating valuation activities. The conditions under which real estate is recognized as equivalent to previously existing real estate are established by the federal antimonopoly authority;

13) to the legal successor of a privatized unitary enterprise in the event that such property is not included in the assets of the privatized unitary enterprise subject to privatization, but is technologically and functionally connected with the privatized property and is classified by federal laws as objects of civil rights, the circulation of which is not allowed, or to objects that can only be in state or municipal ownership.

2. The procedure for concluding contracts specified in part 1 of this article does not apply to property, the disposal of which is carried out in accordance with the Land Code of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the legislation of the Russian Federation on subsoil, the legislation of the Russian Federation on concession agreements.

Until July 1, 2015, it is permitted to conclude for a new term, without holding competitions or auctions, lease agreements specified in Part 3 of Article 17.1 of this Federal Law and concluded before July 1, 2008 with small and medium-sized businesses, with the exception of small and medium-sized businesses specified in part 3 of Article 14 of the Federal Law of July 24, 2007 N 209-FZ "On the development of small and medium-sized businesses in the Russian Federation", and small and medium-sized businesses engaged in the extraction and processing of minerals (except for common minerals), provided at the time of concluding such a lease agreement for a new term, there are no grounds for its early termination provided for by civil law. In this case, the conclusion of lease agreements provided for in this part is possible for a period not exceeding July 1, 2015 (Part 4 of Article 53 of this document).

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3. In the manner prescribed by Part 1 of this article, lease agreements, gratuitous use agreements, and other agreements providing for the transfer of ownership and (or) use rights in relation to:

1) state or municipal real estate, which belongs to state or municipal unitary enterprises by the right of economic management or operational management;

2) state or municipal real estate assigned to state or municipal autonomous institutions with the right of operational management;

3) state or municipal property that belongs to state or municipal budgetary institutions with the right of operational management.

4. A person who, in accordance with parts 1 and 3 of this article, has been granted the rights of ownership and (or) use of a premises, building, structure or structure, may transfer such rights in relation to part or parts of the premises, building, structure or structure to third parties with the consent of owner without holding competitions or auctions. In this case, the total area of the part or parts of the premises, building, structure or structure transferred to the possession and (or) use of third parties cannot exceed ten percent of the area of the premises, building, structure or structure, the rights to which are granted in accordance with parts 1 and 3 of this article, and amount to more than twenty square meters.

Free legal advice:

Until the establishment of the procedure for holding competitions or auctions for the right to conclude contracts specified in parts 1 and 3 of Article 17.1 of this Federal Law, as provided for in Part 5 of Article 17.1, competitions for the right to conclude such contracts are held in the manner established by Federal Law of July 21, 2005 N 115- Federal Law "On concession agreements", and auctions for the right to conclude such agreements are held in the manner established by Federal Law of December 21, 2001 N 178-FZ "On the privatization of state and municipal property" (Part 3 of Article 53 of this document).

5. The procedure for holding competitions or auctions for the right to conclude contracts specified in parts 1 and 3 of this article, and the list of types of property in respect of which the conclusion of these contracts can be carried out through bidding in the form of a competition, are established by the federal antimonopoly body.

6. From January 1, 2011, information on the holding of tenders or auctions for the right to conclude contracts specified in parts 1 and 3 of this article is posted on the official website of the Russian Federation on the Internet to post information on the holding of tenders determined by the Government of the Russian Federation.

areopag

Victor, is this a question or food for thought?

Food for thought The conditions for public organizations have changed a bit, softened so to speak, previously the purchase of premises was on a general basis, through an auction.

Free legal advice:

Edward

Food for thought

And a guide to action.

But still, good info.

And a guide to action.

Yes, it is so, because public organizations of disabled people had to buy the premises on a general basis, i.e., play at the auction on an equal basis with commercial organizations for a raise. Since municipalities (I don’t remember exactly until what year) are obliged to sell real estate that is not under operational management, which understandably led to the fact that not a single VOI, VOG or VOS could compete with businessmen. And be left without premises. or again ask for rent with an outstretched hand from the municipalities.

With all the negativity towards public organizations (often fair), after the introduction of the Tax Code, organizations were brought to their knees by deprivation of all benefits and were forced only to tea party events. And this was after Yeltsin’s fireworks display of tax benefits

areopag

We are also very happy about this change. We had a real problem.

As far as I was informed, almost all public organizations had this problem, and any “step to the right or left of party policy” for public organizations ended in the creation of problems with the rental of premises by some city officials, which quickly led public organizations to be pacified

Mikola

Some common organizations have no idea at all about the problems of people with disabilities and will not do anything, regardless of whether they have premises or not. In our region there are approximately 1000 of these very organizations, and as a result, almost only ours periodically “strains” the authorities regarding a barrier-free environment, transport, obtaining TSR, etc., while being distracted from its main activity - sports.

In our region there are approximately 1000 of these same organizations, and as a result, almost only ours periodically “strains” the authorities regarding a barrier-free environment, transport, obtaining TSR, etc., while

To be honest, this problem exists in all regions of Russia and we need to take a differentiated approach to this problem, the inactivity of public associations, but... here I met only those who are interested in active work, active and truly heartbroken people for what is happening in Russia in relation to people with disabilities. This probably still gives some right to think that everything is not so bad and that something will change for the better. The positive wave that is now on TV, the media and all the changes that are taking place at the government level in relation to people with disabilities, in my opinion, It’s just the need for the authorities to prepare for 2014, or rather the Paralympics that will be held in Sochi. This means that public organizations have a slight head start in time and they need to do a lot to make a difference both at the legislative level and in the mentality of the authorities towards the people. And now the time has come, like you and many others, who is really making history now, a history not of running in circles, as often happened in Russia, but of one more step forward.

Pilgrim

Edward

Well, now it’s a matter of SMALL things. Where to get money to buy something))

We crawl into it, a darling, municipal one of 6 letters, and already “being”, so to speak, in the federal trough, we lure ourselves with “nice and loyal” projects-approvals.

1. To the Government of the Russian Federation:

a) prepare proposals for the ratification of the Convention on the Rights of Persons with Disabilities, including on the formation of a legislative framework and infrastructure to ensure that people with disabilities have unhindered access to facilities and services.

b) with the participation of public organizations of disabled people, develop the concept of a state system of medical and social examination and rehabilitation of disabled people, taking into account the provisions of the International Classification of Functioning, Disability and Health.

c) develop and include, in the prescribed manner, criteria for assessing the situation of people with disabilities in a constituent entity of the Russian Federation in the list of indicators for assessing the effectiveness of the activities of executive authorities of constituent entities of the Russian Federation, approved by Decree of the President of the Russian Federation of June 28, 2007 No. 825.

d) ensure the introduction of amendments to the legislation of the Russian Federation providing for the establishment of the amount of monthly cash payments to disabled people depending on the disability group.

e) submit proposals for organizing the education of people with disabilities, including children with disabilities, in regular educational institutions, providing for the creation of the necessary material and technical conditions and financing.

f) taking into account the analysis of the need for translators and sign language teachers to provide sign language interpretation services to people with hearing problems, submit proposals to increase the number of such specialists, providing for their training in all federal districts.

g) consider the possibility of changing the threshold number of employees of organizations for which a quota is established for hiring disabled people, primarily state (municipal) organizations and organizations fulfilling state (municipal) orders, as well as the issue of restoring the mandatory payment of employers if the quota is not met in order to increase the level of employment of people with disabilities.

h) in order to preserve existing and create new jobs for people with disabilities, submit proposals to support those enterprises and institutions whose sole founders are public organizations of people with disabilities, including by placing orders by organizations that receive state support from budgetary funds; consider the issue of possible additional preferences for such enterprises and institutions when placing orders for state or municipal needs, as well as the possibility of increasing the existing volumes of financial assistance from the federal budget to public organizations of disabled people. Deadline - August 1, 2009;

i) when considering the draft federal law “Technical Regulations on the Safety of Buildings and Structures”, pay special attention to taking into account the needs of people with disabilities and people with limited mobility.

j) when providing subsidies from the federal budget to the budgets of constituent entities of the Russian Federation, take into account the need to purchase domestic specialized buses adapted for transporting people with disabilities. Prepare and send recommendations to the constituent entities of the Russian Federation on providing bus fleets with vehicles adapted for transporting people with disabilities, people with limited mobility, and vehicles specially equipped for transporting people with disabilities.

k) study the issue of the need to introduce changes to the legislation of the Russian Federation regarding granting disabled people and families with disabled children the right to receive benefits for housing costs.

a) form councils for the affairs of persons with disabilities under senior officials (heads of the highest executive bodies of state power) of the constituent entities of the Russian Federation.

b) when forming an application from a constituent entity of the Russian Federation to renew the municipal bus fleet, provide for the acquisition of public urban transport vehicles adapted for transporting people with disabilities, people with limited mobility, and vehicles specially equipped for transporting people with disabilities, in accordance with the recommendations of the Government of the Russian Federation.

Shubert

invited to the Council for Disabled People

Or maybe they will recruit.

Shubert

Yeah, they’ve already asked for an investment project, I was happy, I thought they wanted to include us in the investment program, but it turns out they need it for the report.

Or maybe they will recruit.

Maybe they will, if only they would help build it.

The further into the forest, the more firewood. An electric transformer not only costs more than 200 thousand rubles. It costs 11 thousand rubles for each kilowatt connection. Kuzassenergo takes it, but we have 56 kW. Thermal boiler 515 thousand rubles.

Now that they see real movement, they are trying to “make friends.”

They called me too.

Shubert

They don’t want to, but they understand that it is necessary for the sake of “a place in the sun.” And we - let's start, maybe at least something useful will work out. The main thing here is not only to think about yourself, but also about our others. We still have nothing to lose, we have to go somewhere ahead and in spite of it!

somewhere ahead and in spite of

But don’t forget about “tricks of war”

Edward

The conditions for public organizations have changed a little, softened so to speak

Taking into account this legal position, arbitration practice is currently developing in favor of public organizations of disabled people with different territorial status, confirming the right to provide them with benefits for the property tax of organizations and land tax, provided for in paragraph 3 of Art. 381 and paragraph 5 of Art. 395 of the Code (in particular, Determinations of the Supreme Arbitration Court of the Russian Federation dated 02/04/2008 N 566/08, dated 01/31/2008 N 552/08).

How to get premises for a public organization?

Asked6 11:13:03 +0300 in the topic “Civil procedural law” from Moscow

Answers (1)

Roman Albertovich Lepekhin

Discussions

Premises from the state for NPOs.

15 messages

Decree of the Government of the Russian Federation of December 30, 2012 N 1478 “On property support for socially oriented non-profit organizations”

After posting a notice about the possibility of providing premises, organizations submit appropriate applications. The latter are considered by the commission for property support of socially oriented NPOs. It also determines to whom the premises are provided.

The work procedure of this commission has been established.

Based on the results of the assessment and comparison of applications, each of them is assigned a number as the final rating value decreases. The recipient of property support is the organization whose application is assigned the 1st number.<. >

try searching here, there is no separate list for NGOs, so I guess you need to choose from this

Decree of the Government of the Russian Federation of December 30, 2012 N 1478 Moscow “On property support for socially oriented non-profit organizations”

In accordance with Article 31 1 of the Federal Law "On Non-Profit Organizations", the Government of the Russian Federation decides:

1. Approve the attached:

Rules for the formation, maintenance and mandatory publication of a list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations in the possession and (or) for use on a long-term basis;

Rules for providing federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis.

2. The implementation of this resolution is carried out by the Ministry of Economic Development of the Russian Federation and the Federal Agency for State Property Management within the established number of employees of their central offices and territorial bodies, as well as budgetary allocations provided for the specified Ministry and Agency in the federal budget for leadership and management in the field of established functions.

Chairman of the Government of the Russian Federation

1. These Rules establish the procedure for the formation, maintenance and mandatory publication of a list of federal property free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) use on a long-term basis (hereinafter referred to as the list).

2. The list can only include non-residential premises that are federally owned and free from the rights of third parties (with the exception of the property rights of non-profit organizations that are not state and municipal institutions and non-profit organizations established by the Russian Federation) (hereinafter referred to as non-residential premises).

3. The list is compiled by the Federal Agency for State Property Management (hereinafter referred to as the authorized body).

4. The authorized body, in accordance with methodological guidelines approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations, determines non-residential premises that can be provided as part of the property of the state treasury of the Russian Federation socially oriented non-profit organizations for possession and (or) use on a long-term basis (hereinafter referred to as organizations), and makes decisions on including non-residential premises in the list.

5. The decision of the authorized body to include non-residential premises in the list or to exclude non-residential premises from the list contains the following information about non-residential premises:

a) the total area of non-residential premises;

b) the address of the building in which the non-residential premises are located (in the absence of an address - a description of the location of the building);

c) the number of the floor on which the non-residential premises are located, a description of the location of this non-residential premises within the floor or building.

6. The authorized body excludes non-residential premises from the list if 2 times in a row after the authorized body has posted in the prescribed manner a notice about the possibility of providing non-residential premises for free use or rent to an organization within the period specified in such notice, not a single application for the provision of non-residential premises has been submitted premises for free use or applications for the provision of non-residential premises for rent.

7. The list is maintained electronically by authorized officials of the authorized body.

8. The list includes information about non-residential premises contained in the decision of the authorized body to include non-residential premises in the list, as well as the following information:

a) the year of commissioning of the building in which the non-residential premises are located;

b) information about restrictions (encumbrances) in relation to non-residential premises:

type of restriction (encumbrance);

duration of the restriction (encumbrance);

information about persons (if any) in whose favor the restriction (encumbrance) is established:

main state registration number;

taxpayer identification number;

c) registration number of federal property;

d) the day the authorized body made a decision to include non-residential premises in the list.

9. Non-residential premises included in the list are grouped according to the constituent entities of the Russian Federation in whose territory they are located.

10. Information about non-residential premises specified in paragraph 8 of these Rules is entered into the list within 3 working days from the date the authorized body makes a decision to include this non-residential premises in the list.

In case of changes to the information contained in the list, the corresponding changes are made to the list within 3 working days from the day the authorized body became aware of these changes, but no later than 2 months after entering the changed information into the Unified State Register of Rights to Real Estate and transactions with it and the state real estate cadastre.

Information about non-residential premises specified in paragraph 8 of these Rules is excluded from the list within 3 working days from the date the authorized body makes a decision to exclude this non-residential premises from the list in accordance with paragraph 6 of these Rules.

11. The list is published on the official website of the authorized body on the Internet information and telecommunications network.

Rules for providing federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis

1. These Rules establish the procedure and conditions for providing socially oriented non-profit organizations with possession and (or) use on a long-term basis of federal property included in the list of federal property free from the rights of third parties (except for the property rights of non-profit organizations that are not state-owned and municipal institutions and non-profit organizations established by the Russian Federation), which can be provided to socially oriented non-profit organizations for possession and (or) use on a long-term basis, formed in the prescribed manner (hereinafter referred to as the list).

These Rules apply only to the provision of non-residential premises included in the list (hereinafter referred to as non-residential premises) for possession and (or) use on a long-term basis to socially oriented non-profit organizations, with the exception of state and municipal institutions and non-profit organizations established by the Russian Federation ( hereinafter referred to as organizations).

2. Non-residential premises are provided to the organization for possession and (or) use on the following conditions:

a) provision of non-residential premises for free use or rent for 5 years;

b) provision of non-residential premises for free use, provided that the organization, in accordance with the constituent documents, carries out one or more types of activities provided for in paragraphs 1 and 2 of Article 31 of the Federal Law “On Non-Profit Organizations” (hereinafter referred to as types of activities), for at least 5 years before the said organization submits an application for the provision of non-residential premises for free use;

c) provision of non-residential premises for rent, provided that the organization, in accordance with the constituent documents, carries out one or more types of activities for at least one year before the said organization submits an application for the provision of non-residential premises for rent;

d) use of non-residential premises only for the intended purpose for carrying out one or more types of activities specified in the agreement for the gratuitous use of non-residential premises or the lease agreement for non-residential premises;

e) establishing the annual rent under a lease agreement for non-residential premises in rubles in the amount of 50 percent of the annual rent for non-residential premises, determined on the basis of a report on the assessment of the market value of the rent, prepared in accordance with the legislation of the Russian Federation on valuation activities, as of the date preceding the placement in the prescribed manner of a notice about the possibility of providing non-residential premises for free use or rent to an organization (hereinafter referred to as the notice) for no more than 60 days, which is not subject to change during the validity of the lease agreement for non-residential premises;

f) prohibition of the sale of state property transferred to organizations, the assignment of rights to use it, the transfer of rights to use it as collateral and the inclusion of rights to use such property in the authorized capital of any other economic entities;

g) the existence of the organization to which non-residential premises are provided for gratuitous use or lease, the right at any time to refuse an agreement for the gratuitous use of non-residential premises or a lease agreement for non-residential premises by notifying the Federal Agency for State Property Management (hereinafter referred to as the authorized body) one day in advance month;

h) the organization has no overdue debt on accrued taxes, fees and other obligatory payments to budgets of any level and (or) state extra-budgetary funds for the past calendar year and arrears on rent under lease agreements for federally owned state property. This condition is considered met if the organization has appealed the existence of the specified debt in accordance with the legislation of the Russian Federation and the decision on such a complaint on the day of concluding an agreement for the gratuitous use of non-residential premises or a lease agreement for non-residential premises has not entered into legal force;

i) the absence of the fact that the organization is in the process of liquidation, as well as the absence of a decision of the arbitration court to declare it bankrupt and to open bankruptcy proceedings;

j) the absence of an organization in the list of organizations in respect of which there is information about their involvement in extremist activities or terrorism, provided for in paragraph 2 of Article 6 of the Federal Law “On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism.”

3. The authorized body places a notice on the official website of the authorized body on the Internet information and telecommunications network (hereinafter referred to as the official website, the Internet network) no later than 60 days from the date of vacating the non-residential premises by the organization in connection with the termination of the right of ownership and (or) use of it or the decision by the authorized body to include non-residential premises in the list, if such non-residential premises at the time of making this decision were not provided for the possession and (or) use of a non-profit organization.

4. A notice may be published in any media, as well as posted on any websites on the Internet, provided that such publication and posting are not carried out instead of the posting provided for in paragraph 3 of these Rules.

5. The notice must contain the following information:

a) name, location, postal address, email address and telephone number of the authorized body;

b) total area of non-residential premises;

c) the address of the building in which the non-residential premises are located (in the absence of an address - a description of the location of the building);

d) the number of the floor on which the non-residential premises are located, a description of the location of this non-residential premises within the floor or building;

e) the year of commissioning of the building in which the non-residential premises are located;

f) information about restrictions (encumbrances) in relation to non-residential premises;

g) the condition of the non-residential premises (good, satisfactory, current repairs required, major repairs required);

h) the amount of the annual rent for non-residential premises based on a report on the assessment of the market value of rent, prepared in accordance with the legislation of the Russian Federation on valuation activities;

i) standard forms of an agreement for the gratuitous use of non-residential premises and a lease agreement for non-residential premises concluded by an authorized body with organizations, established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations;

j) deadlines (starting and ending day and time) for accepting an application for the provision of non-residential premises for free use or an application for the provision of non-residential premises for rent (hereinafter referred to as the application);

k) place, day and time of opening envelopes with applications and opening access to applications submitted in the form of electronic documents;

l) conditions for the provision of non-residential premises for possession and (or) use, provided for in paragraph 2 of these Rules;

m) application form for submitting them in the form of an electronic document.

6. When posting a notice on the official website, the start date for accepting applications is set to the 1st working day after the day the notice is posted on the official website. The closing date for accepting applications is the 30th day after the date the notice is posted on the official website, and if it falls on a day recognized in accordance with the legislation of the Russian Federation as a weekend and (or) a non-working holiday, the next working day following it.

The day of opening envelopes with applications is determined to be the 1st working day after the deadline for accepting applications.

7. The authorized body has the right to make changes to the notice posted on the official website no later than 5 days before the closing date for accepting applications. In this case, the deadline for accepting applications must be extended so that from the day the changes to the notice are posted on the official website until the closing date for accepting applications, it is at least 20 days.

Changes to the notice posted on the official website can be made no more than once.

8. During the period for accepting applications, an organization that meets the conditions provided for in subparagraph “b” of paragraph 2 of these Rules may submit to the authorized body an application for the provision of non-residential premises for free use or an application for the provision of non-residential premises for rent, and the organization that meets the conditions provided for in subparagraph "c" of paragraph 2 of these Rules - an application for the provision of non-residential premises for rent.

One organization has the right to submit in relation to one non-residential premises only one application for the provision of non-residential premises for free use or one application for the provision of non-residential premises for rent.

9. Applications are submitted in writing with a text copy on electronic media in a sealed envelope, on which the words “Application from a socially oriented non-profit organization for the provision of non-residential premises” are indicated, as well as the total area of the requested non-residential premises and the address of the building in which it is located (in in the absence of an address - a description of the location of the building), or in the form of an electronic document.

Applications in the form of an electronic document are submitted to the authorized body by filling out a form posted on the official website.

Applications are signed by a person who has the right to act on behalf of the organization without a power of attorney (hereinafter referred to as the head), or by its representative acting on the basis of a power of attorney.

10. An application for the provision of non-residential premises for free use contains:

a) the full and abbreviated name of the organization, the date of its state registration (at creation), the main state registration number, taxpayer identification number, location of the permanent body;

b) postal address, telephone number, email address of the organization, address of its website on the Internet;

c) job title, surname, first name, patronymic of the head of the organization;

d) information about non-residential premises specified in subparagraphs “b” and “c” of paragraph 5 of these Rules;

e) information about the types of activities that the organization has carried out in accordance with the constituent documents over the last 5 years and is carrying out at the time of filing the application, as well as the content and results of such activities (a brief description of the content and specific results of programs, projects, events);

f) information on the amount of funds used by the organization for its intended purpose to carry out activities in accordance with the constituent documents over the last 5 years (total amount of funds, amount of targeted receipts from citizens, amount of targeted receipts from Russian organizations, amount of targeted receipts from foreign citizens and stateless persons, the amount of targeted income from foreign organizations, the amount of income from the endowment capital of non-profit organizations, the amount of non-operating income, the amount of income from the sale of goods, as well as the volume of work and services for each year of the specified period);

g) information on grants allocated to the organization based on the results of competitions by non-profit organizations at the expense of subsidies from the federal budget over the last 5 years (names of these organizations, amounts of grants, dates of their receipt, brief description of the projects (events) for which they were allocated);

h) information on subsidies received by the organization from the federal budget, budgets of constituent entities of the Russian Federation and local budgets over the past 5 years (names of the bodies that made the decision to provide subsidies, the amount of subsidies, the dates of their receipt, a brief description of activities (programs, projects), for the implementation of which they are provided);

i) information about the organization’s membership in associations, unions, non-profit partnerships and other non-profit organizations based on membership, including foreign organizations (names of such organizations and terms of membership in them);

j) information on the average number of employees of the organization for the last 5 years (average number of employees for each year of the specified period);

k) information on the average number of volunteers of the organization over the last 5 years (average number of volunteers for each year of the specified period);

l) information about real estate objects owned by the organization on the right of ownership (objects, their area, cadastral numbers, addresses, dates of state registration of ownership);

m) information about real estate objects that are and were in the possession and (or) use of the organization over the last 5 years, with the exception of real estate objects used exclusively for individual events (objects, their area, addresses, terms of ownership and ( or) use, type of right, amount of rent (for rent), indication of whether the objects belong to state and municipal property);

o) information about the organization’s debt on accrued taxes, fees and other obligatory payments to budgets of any level and (or) state extra-budgetary funds for the past calendar year, as well as on rent under lease agreements for federally owned state property;

o) information about the types of activities for which the organization undertakes to use non-residential premises;

p) information about the organization’s need to provide non-residential premises for free use;

c) consent to conclude an agreement for the gratuitous use of non-residential premises, drawn up by filling out a standard form established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations;

r) list of attached documents.

11. An application for the provision of non-residential premises for rent contains:

a) information that meets the requirements of subparagraphs "a" - "p" of paragraph 10 of these Rules (if an organization has been carrying out activities for less than 5 years before the date of filing the application, such organization must provide the information required by subparagraphs "e" - "h" , “k”, “l” and “n” of paragraph 10 of these Rules, for the period of actual implementation of activities);

b) justification of the organization’s need to provide non-residential premises for rent on preferential terms;

c) consent to conclude a lease agreement for non-residential premises, drawn up by filling out a standard form established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations;

d) list of attached documents.

12. Applications are accompanied by:

a) copies of the organization’s constituent documents;

b) a document confirming the authority of the head of the organization (a copy of the decision on appointment or election), and in the case of signing applications - also a power of attorney to carry out the relevant actions, signed by the head and certified by the seal of the said organization, or a notarized copy of such a power of attorney;

c) a decision to approve or complete a transaction on the terms specified in the applications, if the adoption of such a decision is provided for by the constituent documents of the organization.

13. The organization has the right, on its own initiative, to attach to applications:

a) an extract from the Unified State Register of Legal Entities with information about the organization, issued no earlier than 3 months before the date of posting the notice on the official website, or a notarized copy of such an extract;

b) copies of documents submitted by the organization to the federal executive body authorized in the field of registration of non-profit organizations, in accordance with subparagraph 3 and (or) subparagraph 3 1 of Article 32 of the Federal Law “On Non-Profit Organizations” for the last 5 years;

c) copies of the organization’s annual financial statements for the last 5 years;

d) letters from state authorities, local governments, commercial and non-profit organizations, as well as citizens and their associations, containing an assessment (reviews, recommendations) of the organization’s activities, or copies thereof;

e) other documents containing, confirming and (or) explanatory information provided for in subparagraphs “e” - “r” of paragraph 10 of these Rules.

14. The documents provided for in paragraphs 12 and 13 of these Rules may be submitted to the authorized body in electronic form.

15. Upon receipt of applications submitted in the form of an electronic document, the authorized body is obliged to confirm their receipt in writing or in the form of an electronic document within one working day from the date of receipt.

16. The authorized body is obliged to ensure the confidentiality of information contained in applications before opening envelopes with applications. Persons storing envelopes with applications and applications submitted in the form of electronic documents do not have the right to allow damage to such envelopes and applications until the envelopes are opened.

17. The organization has the right to change or withdraw applications and (or) submit additional documents before the deadline for accepting applications.

18. Envelopes with applications and applications submitted in the form of an electronic document, received during the period for accepting applications specified in the notice posted on the official website, are registered by the authorized body. At the request of the person submitting the envelope, the official of the authorized body at the time of its receipt issues a receipt for the envelope indicating the date and time of its receipt.

19. Opening of envelopes with applications, consideration of applications submitted to the authorized body and identification of organizations that are provided with non-residential premises for free use or rent (hereinafter referred to as recipients of property support) are carried out by the commission for property support of socially oriented non-profit organizations, created by the federal executive body, carrying out the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations (hereinafter referred to as the commission).

20. The federal executive body, which carries out the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations, approves the composition of the commission and makes changes to it, appoints the chairman, deputy chairman and executive secretary of the commission.

The commission includes representatives of the federal executive body that carries out the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations, an authorized body, and may also include representatives of other federal executive bodies, commercial and non-profit organizations, and the media information, members of the Public Chamber of the Russian Federation and other interested parties.

The commission must have at least 9 people.

The number of commission members holding government positions and positions in the state civil service must be less than half the composition of the commission.

21. The chairman of the commission determines the place, date and time of meetings of the commission, presides over meetings of the commission and gives instructions to the executive secretary of the commission on issues of organizational and technical support for the activities of the commission.

In the absence of the chairman of the commission, his powers are exercised by the deputy chairman of the commission.

22. The executive secretary of the commission notifies the members of the commission about the place, date and time of meetings of the commission, provides organizational and technical support for the activities of the commission and maintains minutes of its meetings.

The executive secretary of the commission is appointed upon the recommendation of the authorized body from among the state civil servants of the authorized body.

In the absence of the executive secretary of the commission, his powers may be exercised by another member of the commission by decision of the commission with the consent of such member of the commission.

23. The commission is authorized to carry out its functions provided for by these Rules if more than half of its members are present at the meeting of the commission.

Members of the commission must be notified of the place, date and time of the commission meeting.

Members of the commission personally participate in meetings of the commission and do not have the right to transfer voting rights to other persons.

The decisions of the commission are documented in a protocol, which is signed by the members of the commission present at the meeting of the commission. The minutes of the commission meeting indicate the dissenting opinion of the commission members (if any).

24. If a member of the commission is personally, directly or indirectly interested in providing non-residential premises for free use or rent to an organization, he is obliged to inform the commission about this before the start of consideration of applications and not to participate in meetings of the commission during such consideration. In this case, the vote of such a commission member is not taken into account when determining the competence of commission meetings and making decisions.

In these Rules, the personal interest of a commission member is understood as the possibility of him receiving income (unjust enrichment) in cash or in kind, income in the form of material benefits directly for the commission member, his close relatives, as well as citizens or organizations with which the commission member is bound by financial obligations .

25. The commission publicly at the place, day and time specified in the notice posted on the official website, simultaneously opens envelopes with applications and carries out the procedure for opening access to applications submitted in the form of electronic documents.

26. If it is established that one organization has submitted 2 or more applications in relation to the same non-residential premises, provided that the previously submitted applications by such organization have not been withdrawn, all of its applications submitted in relation to this non-residential premises will not be considered.

27. Representatives of organizations that submitted applications have the right to be present when the envelopes with applications are opened.

28. When opening envelopes with applications, the name of the organization whose envelope with application is opened or access to the application submitted in the form of an electronic document is opened, the availability of information and documents provided for in paragraphs of these Rules is announced and entered into the protocol of opening envelopes with applications.

29. If at the end of the deadline for accepting applications no applications have been submitted, the relevant information is entered into the minutes of the commission meeting.

30. In the process of opening envelopes with applications, information about the organizations that submitted applications, as well as the availability of information and documents provided for in paragraphs of these Rules, may be posted on the official website.

31. The minutes of opening envelopes with applications (minutes of the commission meeting) are kept by the commission and signed by all present members of the commission immediately after their opening. The specified protocol is posted by the authorized body on the official website no later than the 1st working day following the day the protocol was signed.

32. Applications are posted by the authorized body on the official website no later than 1 business day following the day of signing the protocol for opening envelopes with applications and opening access to applications submitted in the form of electronic documents.

33. The commission is obliged to audio or video record the opening of envelopes with applications. Any representative of the organization present at the opening of envelopes with applications has the right to make audio and (or) video recording of their opening.

34. If no applications are submitted during the period for accepting applications, the authorized body, within a period not exceeding 30 days from the date of receipt of applications, publishes a new notice in accordance with paragraph 3 of these Rules.

35. The Commission checks applications received by the authorized body during the period for accepting applications, and the documents attached to them for compliance with the requirements established by these Rules, and also ensures that the persons who submitted them meet the conditions provided for by these Rules. The period for this verification cannot exceed 30 days from the date of opening the envelopes with applications and opening access to applications submitted in the form of electronic documents.

36. Applications received by the authorized body during the period for accepting applications are not allowed for further consideration in the following cases:

a) the application is submitted by a person to whom non-residential premises cannot be provided on the requested right in accordance with subparagraphs “b” and “c” of paragraph 2 of these Rules;

b) the application does not contain information and (or) consent to conclude an agreement for the gratuitous use of non-residential premises or a lease agreement for non-residential premises provided for in paragraphs 10 and 11 of these Rules;

c) the application contains deliberately false information;

d) the application is not signed or signed by a person not authorized to do so;

e) the documents provided for in paragraph 12 of these Rules have not been submitted;

f) the organization does not meet the conditions provided for in subparagraphs “h” - “j” of paragraph 2 of these Rules.

37. Based on the results of the inspection in accordance with paragraphs 35 and 36 of these Rules, the commission makes a decision on admission to further consideration of applications or on refusal of such admission, which is documented in a protocol. The specified protocol is signed on the day the inspection is completed and is posted by the authorized body on the official website no later than the 1st working day following the day the protocol was signed.

The said protocol must contain the names of socially oriented non-profit organizations whose applications are admitted for further consideration, and the names of organizations whose applications are not admitted for further consideration, indicating the grounds for refusal of admission provided for in paragraph 36 of these Rules.

38. If the commission decides to refuse admission to further consideration of all applications received by the authorized body during the period for accepting applications, the authorized body, within a period not exceeding 30 days from the date of signing the protocol that formalized such a decision, publishes a new one notification in accordance with paragraph 3 of these Rules.

39. If the commission decides to admit for further consideration only one of the applications received by the authorized body during the period for accepting applications, the commission on the same day makes a decision to determine the organization that submitted it as the recipient of property support. The specified decision is formalized in a commission protocol, which is signed on the day the inspection is completed and posted by the authorized body on the official website no later than the 1st working day following the day the protocol was signed.

40. If the commission decides to admit for further consideration 2 or more applications received by the authorized body during the period for accepting applications, the commission, within a period not exceeding 30 days from the date of signing the protocol documenting such a decision, carries out an assessment and comparison of these statements, including determining the final values of their rating, in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of supporting socially oriented non-profit organizations.

41. Based on the results of the assessment and comparison of statements, each of them is assigned a serial number as the final rating value decreases. The application with the highest final rating value is assigned the 1st number. If several applications received the same final rating value, a lower serial number is assigned to the application submitted by the organization registered earlier than others.

42. The recipient of property support is determined by the organization whose application, in accordance with paragraph 41 of these Rules, is assigned the 1st number.

43. The commission maintains a protocol for assessing and comparing applications, which must contain information about the place, date, time of assessment and comparison of applications, determining the final value of the rating of applications indicating the names of the organizations that submitted them, assigning serial numbers to applications, as well as determining recipient of property support. The specified protocol is signed on the day the assessment and comparison of applications is completed and is posted by the authorized body on the official website no later than the 1st working day following the day the protocol was signed.

44. During the consideration of applications, the commission, through the authorized body, may request the necessary documents and information from other federal executive authorities, bodies of state extra-budgetary funds, executive authorities of constituent entities of the Russian Federation, as well as local government bodies exercising executive and administrative powers.

45. Applications received by the authorized body during the period for accepting applications, and the documents attached to them, minutes of commission meetings, as well as audio and video recordings of the opening of envelopes with applications are stored by the authorized body for at least 5 years.

46. Within 10 days from the date of signing the protocol that formalizes the commission’s decision to determine the recipient of property support, the authorized body transfers to such recipient a draft agreement, which is drawn up by filling out the standard form of the agreement established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of support for socially oriented non-profit organizations (hereinafter referred to as the agreement).

47. The agreement is signed by the recipient of property support within 10 days from the date of its receipt and submitted to the authorized body.

48. Before the end of the period provided for in paragraph 46 of these Rules, the authorized body is obliged to refuse to conclude an agreement with the recipient of property support determined by the commission if the organization does not meet the conditions provided for in subparagraphs “h” - “k” of paragraph 2 of these Rules.

The decision of the authorized body to refuse to conclude an agreement with the recipient of property support determined by the commission is posted by the authorized body on the official website no later than 1 business day following the day such a decision was made, and must contain information about the facts that are the basis for the refusal to conclude the agreement, and details of documents confirming such facts.

49. If the authorized body makes a decision to refuse to conclude an agreement with a recipient of property support determined by the commission, or if such a recipient evades concluding an agreement, the commission makes a decision to cancel the decision to determine the recipient of property support, adopted in accordance with paragraph 42 of these Rules, and the decision on determining the recipient of property support for the organization whose application in accordance with paragraph 41 of these Rules is assigned number 2. These decisions are formalized in a protocol, which is signed by all present members of the commission on the day of its preparation and posted by the authorized body on the official website no later than the 1st working day following the day of signing the protocol.

50. If the authorized body makes a decision on the grounds provided for in paragraph 48 of these Rules, a decision to refuse to conclude an agreement with a recipient of property support determined by the commission, whose application in accordance with paragraph 41 of these Rules is assigned the 2nd number, or if such recipient evades from the conclusion of the contract, the authorized body, within a period not exceeding 50 days from the date of signing the protocol that formalized the commission’s decision to determine the specified recipient of property support, places a new notice in accordance with paragraph 3 of these Rules.

Non-profit organizations in Russia

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The Department of Labor and Social Protection provides 50 premises for non-profit organizations. The premises will be distributed on a competitive basis. NPOs will be able to occupy the new space in December 2019 and throughout 2020.

Representatives of the department and the non-profit sector discussed which organizations will be able to apply for free offices and what kind of space NPOs need today in the capital’s “My Career” center.

“We want to create conditions that will help us and you be more useful to people who need help,” says Alexandra Alexandrova, First Deputy Head of the Department of Labor and Social Protection of the Population of Moscow. — We have 50 free premises belonging to the department. And we decided to give them to NGOs, because anyway we are all engaged in a common cause - social assistance to the residents of the capital. NGOs are our partners. Therefore, we would like to transfer the empty spaces on mutually beneficial terms.”

According to Alexandrova, each room needs renovation. By the end of 2019, it is planned to commission 20 objects. To make it clear by the time the renovation is completed who will occupy this or that office, the authorities want to hold a competition among non-profit organizations in advance.

Objects ranging from 55 to 362 square meters are located in nine districts of Moscow. Each office will have security and fire alarms, Internet access, air conditioning and office furniture. Organizations will be able to decorate the space at their own discretion.

“One of the most important needs for NPOs is offices,” emphasizes Elena Topoleva, Director of ASI. “It’s great that now the authorities are consulting with the non-profit sector, inviting them to think and discuss the design and equipment of these premises, which NPOs and on what conditions to provide space.”

Competitive selection

The terms of the competition are still at the development stage. It is also still unknown when applications will begin to be accepted. But it is obvious that already established organizations that have been operating for more than three years, are financially stable and have transparent reporting will be able to apply for the premises.

Elena Alshanskaya, President of the Volunteers to Help Orphans charity foundation, believes that premises should be provided for the activities of organizations, and not for a project.

Photo: Elena Almazova

“It is important to create space for the needs of NPOs and those for whom a particular organization works,” says Alshanskaya. “The city is also interested in increasing the number of social services provided and increasing the volume of assistance to the population. Therefore, it is better not to focus on offices, but to provide premises for working with people.”

However, on the question of whether strictly one organization should be given one premises or whether it is still possible to divide the spaces between several applicants, the opinions of the participants in the discussion were divided. For example, centers working with children are ready to team up with volunteers and youth organizations.

“We need to give organizations the opportunity to submit a comprehensive application. If they have agreed on specific common activities and understand how they will use these premises, then, in my opinion, this is a big plus. This way the premises will definitely not be idle,” I’m sure Yuri Belanovsky, head of the volunteer movement “Danilovtsy”.

Organizations providing psychological assistance to the population or rehabilitation services would like to receive separate premises.

“One room, one organization,” says Leonid Tarasov, director of the Center for Sociocultural Animation “Spiritualization”. — This is convenient from the point of view of conducting business activities. Also, a special atmosphere must be created, especially if there are beneficiaries with disabilities. In this case, the space is adjusted to the characteristics of people.” The discussion participants noted that all premises provided by NPOs must be equipped with ramps for access by people with disabilities.

“The contract must be concluded for three years with the possibility of extension based on the results of an assessment of the organization’s performance. The premises should not be idle. The type of activity indicated in the application must correspond to reality. If it doesn’t match, then the contract with such an organization can be terminated,” believes Elena Alshanskaya.

The expert also believes that it is impossible to provide premises for commercial activities for free. Exceptions may be made for organizations providing social services.

Discussing who will pay for cleaning, security and maintenance (the city or the NPO), the meeting participants came to the conclusion that this should be spelled out in detail in the terms of the contract.

At the end of the discussion, Yuri Belanovsky proposed that the Moscow authorities help create outdoor signs for organizations so that people know where to turn for help.

Currently, the country's leadership pays a lot of attention to the development of civil society, which characterizes the totality of various forms of social activity of the population, not determined by the activities of government bodies through the creation of public organizations, associations, and foundations. This attention is also noticeable in the creation of such institutions as Public Chambers on the territory of the Russian Federation.

Veteran public organizations are one of the most actively working public organizations, striving to solve the most pressing and significant issues of social problems of veterans, disabled combat veterans and members of their families, and help in creating an effective social infrastructure.

Article 31.1 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” The Government of the Russian Federation provided for the possibility of providing support to socially oriented non-profit organizations, which is also provided in the form of property.

Paragraph 6 of the above article determines that the provision of property support to socially oriented non-profit organizations is carried out by state authorities and local governments by transferring state or municipal property into the possession and (or) use of such non-profit organizations.

As part of the implementation of this Law, public veteran organizations of the city were given the opportunity to rent municipal real estate, exist and develop. Funds for carrying out statutory activities are earned by organizations independently; first of all, veterans and residents of the city and region are employed in the created jobs. At the same time, the vast majority of our organizations regularly pay the rent and fulfill all the conditions stipulated by the lease agreements, that is, they are bona fide tenants.

In order to create favorable conditions for the development of small businesses in our country, the Law of July 22, 2008 was adopted. No. 159-FZ “On the specifics of the alienation of real estate that is in state ownership of constituent entities of the Russian Federation or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation”, according to which, small and medium-sized businesses in Russia are granted a number of preferential rights for priority purchase of leased property, but unfortunately, this did not affect public organizations leasing real estate at all.

Law No. 159-FZ is based on another Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation” and only small and medium-sized businesses, individual entrepreneurs and commercial organizations are also subject to its action. In this case, the interests of public organizations that are not related to small and medium-sized businesses, but that rent state and municipal property to conduct their activities, were completely not taken into account.

It is absolutely obvious to us that none of the organizations that are part of the Chamber of Veterans will be able to buy rented premises at a commercial price at an open auction or competition. Unfortunately, the legislation does not offer us any other option.

The possibility of inclusion in the list of tenants who could continue to rent space is also provided only for small and medium-sized businesses and for organizations that form the infrastructure for supporting small and medium-sized businesses, which is expressly stated in Part 4 of Art. 18 of the Federal Law of July 24, 2007 No. 209-FZ “On the development of small and medium-sized businesses in the Russian Federation.” Since the order of the Krasnoyarsk city administration No. 74 - z dated January 30, 2009, is based on this federal law, it also does not take into account the interests of public organizations and tenants of non-residential property. Thus, similar support for public organizations is completely absent.

This issue has been raised by us at different levels of government for quite some time.

In response to our appeal to the President of the Russian Federation on the merits of the issue, it is explained that providing support to socially oriented non-profit organizations, charitable activities, and volunteerism in accordance with clause 33, part 1, art. 16 of the Federal Law of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation” relates to issues of local importance and in this regard, a socially oriented non-profit organization may be provided with free use of municipal property owned by the city district and intended to provide support to organizations carrying out such activities on the territory of the urban district.

Clause 2 of the Rules for the provision of federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis, approved by Decree of the Government of the Russian Federation dated December 30, 2012. No. 1478 “On property support for socially oriented non-profit organizations” it is established that the provision of non-residential premises into the possession and (or) use of a non-profit organization is subject to the prohibition of the sale of state property transferred to organizations, the assignment of rights to use it, the transfer of rights to use it as a pledge and the entry of rights of use such property into the authorized capital of any other business entities.

In Part 1 of Article 17.1 of Federal Law No. 135-FZ of July 26, 2006. “On the Protection of Competition” stipulates that the conclusion of lease agreements, agreements for gratuitous use, agreements for trust management of property, and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management, can be carried out only based on the results of competitions or auctions for the right to conclude these agreements, with the exception of: non-profit organizations created in the form of associations and unions, religious and public organizations (unions) (including political parties, social movements, public funds, public institutions, public initiative bodies, trade unions, their associations (associations), primary trade union organizations), employers' associations, homeowners' associations, socially oriented non-profit organizations, provided they carry out activities aimed at solving social problems, developing civil society in the Russian Federation, as well as other types of activities provided for in Article 31.1 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”.

These are one of the few conditions that really allow non-profit organizations to feel protected and carry out their statutory activities without fear of losing the provided non-residential premises (in practice, we are warned that the premises we rent will soon be sold anyway).

It turns out that an entrepreneur who earns money for himself personally is socially more significant to the state than a public organization of veterans that conducts statutory activities and then solves at its own expense important social problems of veterans and family members of fallen servicemen.

According to the above Rules, non-residential premises are provided to an organization for possession and (or) use on the terms of providing non-residential premises for free use or rent for 5 years. However, as a rule, the municipality does not have free space and, in fact, there are extremely rare cases when the authorities provide non-residential premises to non-profit organizations for free use (we do not know about them), that is, in fact, public organizations are currently ordinary tenants who, in addition, turned out to be in a worse position than commercial ones and there is no certainty that upon expiration of the specified contract period, the lease will be extended.

Our organizations carry out major repairs of rented premises on their own, improve the surrounding area, change communications, etc. Some organizations invested significant amounts of money in rented premises precisely because they expected to use these premises for a long period, taking into account the extension of the lease agreement. As a rule, the improvements made were not included in the rent offset, i.e. were sunk costs of associations.

We especially note that the stated problem concerns not only veteran public organizations; all public and non-profit organizations that rent municipal space in the Russian Federation face this problem, and therefore we believe that the solution to this issue cannot be delayed.

Taking into account the above, we ask you to introduce amendments to the necessary legislative acts that will take into account the interests of public organizations and other bona fide tenants leasing real estate from municipalities of the Russian Federation, and, regardless of the legal form of the legal entity, to provide the possibility of a preemptive right to purchase at market value in good faith leased property on terms similar to the terms of purchase by bona fide tenants, small and medium-sized businesses.

Please note that in this case we are not talking about providing the purchase of non-residential premises at a preferential price (to the detriment of the budget). We are ready to buy at market value, but subject to the pre-emptive right of purchase, which is currently granted to small and medium-sized businesses.

We hope that you will appreciate the importance of the problem voiced and will continue to contribute to the resolution of pressing issues and take an active part in the life of public organizations in general, and veteran organizations in particular, which will allow you to quickly solve problems that require legal regulation and will help strengthen interaction authorities and society.

How can NPOs save money on renting premises? Moscow non-profit organizations will receive new premises from the city authorities. Lease agreements for premises of a non-profit organization.

Non-profit organizations are inclined towards social projects

Socially oriented non-profit organizations can receive non-residential premises from the state for ownership and (or) use.

The building, or the specifics of obtaining premises for a public organization.

How to get premises of a public organization

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How to get premises for a public organization?

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Roman Albertovich Lepekhin

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Premises from the state for NPOs.

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Decree of the Government of the Russian Federation of December 30, 2012 N 1478 Moscow “On property support for socially oriented non-profit organizations”

Rules for providing federal property to socially oriented non-profit organizations for possession and (or) use on a long-term basis

Non-profit organizations in Russia

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Competitive selection