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Order of the Ministry of Justice on the Approval of the Rules for Considering Applications and for Adopting Decisions on State Registration (2003)

ORDER

OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

NO. 68 OF MARCH 25, 2003

ON THE APPROVAL OF THE RULES FOR CONSIDERING APPLICATIONS

AND FOR ADOPTING DECISIONS ON STATE REGISTRATION

In conformity with Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities and with the other legislative acts regulating the procedure for considering the applications and for taking by the Ministry of Justice of the Russian Federation and by its territorial bodies the decision on the state registration of chambers of industry and commerce, public associations, including political parties, trade unions, national-cultural autonomies and religious organizations, I hereby order:

1. To approve the Rules for Considering Applications and for Adopting by the Ministry of Justice of the Russian Federation and by Its Territorial Bodies the Decision on the State Registration of Chambers of Industry and Commerce, Public Associations, Including Political Parties, Trade Unions and National-Cultural Autonomies (Appendix 1).

2. To approve the Rules for Considering Applications and for Adopting the Decision on the State Registration of Religious Organizations by the Ministry of Justice of the Russian Federation and by Its Territorial Bodies (Appendix 2).

3. Order of the Ministry of Justice of the Russian Federation No. 19-01-122-97 of October 6, 1997 on the Approval of the Rules for Considering Applications for the State Registration of Public Associations at the Ministry of Justice of the Russian Federation (registered by the Ministry of Justice of Russia on October 8, 1997 under Registration No. 1392) shall be seen as having lost force.

4. Order of the Ministry of Justice of the Russian Federation No. 19 of February 16, 1998 on the Approval of the Rules for Considering Applications for the State Registration of Religious Organizations in the Bodies of Justice of the Russian Federation (registered by the Ministry of Justice of Russia on March 5, 1998 under Registration No. 1482) shall be seen as having lost force.

Minister

Yu.A. Chaika

Registered by the Ministry of Justice of the Russian Federation on April 1, 2003

Registration No. 4350

Appendix 1

to Order of the Ministry of Justice

of the Russian Federation

No. 68 of March 25, 2003

Rules

for Considering Applications and for Adopting by

the Ministry of Justice of the Russian Federation andby Its Territorial Bodies the Decision on the State

Registration of Chambers of Industry and Commerce, of Public Associations, Including Political Parties,

of Trade Unions and of National-Cultural Autonomies

The present Rules have been elaborated in conformity with Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 33 /Part 1/, 2001, Item 3431), with Federal Law No. 82-FZ of May 19, 1995 on Public Associations (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 21, 1995, Item 1930; No. 20, 1997, Item 2231; No. 30, 1998, Item 3608; No. 11, 2002, Item 1018; No. 12, 2002, Item 1093), with Decision of the Government of the Russian Federation No. 442 of June 19, 2002 on the Procedure for Interaction of the Federal Body of Justice with the Federal Executive Power Body Authorized to Perform the State Registration of Legal Entities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 26, 2002, Item 2589).

In conformity with Decision of the Government of the Russian Federation No. 319 of May 17, 2002 on the Authorized Federal Executive Power Body Engaged in the State Registration of Legal Entities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 20, 2002, Item 1872), as from July 7, 2002 state registration shall be performed by the Ministry of Taxation of the Russian Federation and by its territorial bodies.

The Ministry of Justice of the Russian Federation and its territorial bodies shall consider the documents and adopt the decision on the state registration of chambers of industry and commerce, of public associations, including political parties, of trade unions and of national-cultural autonomies within the time terms fixed by the law.

Interaction of the Ministry of Justice of the Russian Federation and of its territorial bodies with the Ministry of Taxation of the Russian Federation and with its territorial bodies (hereinafter referred to as the registering bodies) shall be implemented during the state registration of the above associations in the generally established order.

The Rules regulate the procedure for the consideration of applications and for the adoption by the Ministry of Justice of the Russian Federation and by its territorial bodies of the decision on the state registration of chambers of industry and commerce, of public associations, including political parties, of trade unions and of national-cultural autonomies.

I. Procedure for Considering Applications and Adopting the Decision on the State Registration of Public Associations

1. General Provisions

1.1. To acquire the rights of a legal entity, the public association is subject to state registration in conformity with the Federal Law on the State Registration of Legal Entities, taking account of the special procedure for the state registration of public associations established in the Federal Law on Public Associations.

1.2. The Ministry of Justice of the Russian Federation shall consider the applications and shall adopt the decision on the state registration of all-Russia and of international public associations.

The territorial bodies of the Ministry of Justice of the Russian Federation shall consider the applications and shall adopt the decision on the state registration of inter-regional public associations at the place of location of the standing public bodies of these associations, of regional and of local public associations, and of regional and of local branches of the all-Russia and of the inter-regional public associations.

1.3. For the state registration of a public association, to the Ministry of Justice of the Russian Federation or to its territorial body in the corresponding subject of the Russian Federation shall be submitted, within three months as from the day of holding the constituent congress (conference) or the general meeting, the following documents:

    - an application for the state registration signed by the members of the public association's standing leading body, with the supply of their surnames, names and patronymics, of the place of their residence and of the contact telephone number;

    - the Rules of the public association in three copies;

    - an excerpt from the protocol of the constituent congress (conference) or of the general meeting containing information on the establishment of the public association, on the approval of its Rules and on the formation of its leading bodies and of a control and inspection body;

    - information on the founders;

    - the document on the payment of the state duty;

    - information on the address (on the place of location) of the public association's standing leading body, at which communication with the public association is maintained;

    - for an international, all-Russia or inter-regional association - the protocols of the constituent congresses (conferences) or of the general meetings of the structural subdivisions ;

    - if the public association is using the personal name of a citizen or of the symbols protected by the legislation of the Russian Federation on the protection of the intellectual property or of the copyrights - the documents confirming the authority for the utilization thereof;

    - an inventory of the documents presented for the state registration of the public association.

1.4. The state registration of a branch of the public association shall be performed in accordance with the procedure envisaged for the state registration of the public association. If the branch of the public association does not adopt its own Rules and operates on the basis of the Rules of that public association whose branch it is, the central leading body of the given public association shall notify the territorial body of the Ministry of Justice of the Russian Federation about the existence of the said branch and about the place of its location, and shall supply information on its leading bodies.

1.5. The documents submitted to the Ministry of Justice of the Russian Federation and to its territorial bodies for the state registration of public associations set up by way of reorganization (transformation, merger, division, branching off or affiliation), are named in the List of the Documents Submitted to the Federal Body of Justice and Its Territorial Bodies for Adopting the Decision on the State Registration of Chambers of Industry and Commerce, of Public Associations and of Religious Organizations Created by Way of Reorganization approved by Decision of the Government of the Russian Federation No. 442 of June 19, 2002 on the Procedure for the Interaction of the Federal Body of Justice and of the Federal Executive Power Body, Authorized to Perform the State Registration of Legal Entities.

1.6. The forms for the documents applied in the state registration of a public association as a legal entity have been approved by Order of the Ministry of Justice of the Russian Federation No. 199 of July 12, 2002 (registered by the Ministry of Justice of the Russian Federation on July 15, 2002 under Registration No. 3576.

1.7. To the documents submitted for state registration which are listed in Items 3 and 4 of the first section of the present Rules shall be presented the following demands:

1.7.1. An application for the state registration of a public association shall be submitted in two copies. The signatures of the applicants on one copy of the application shall be notarially certified in accordance with the procedure stipulated in Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities for the state registration of legal entities.

In addition to the data on the applicants named in the application shall also be supplied information on each of the applicants on a separate form, where shall be pointed out the body to which information is forwarded, the full name of the public association, the surname, name and patronymic (in full), the precise designation of his post in the association and the applicant's taxpayer identification number (if it has it), the address of the applicant's place of residence and his contact telephone number, as well as the kind, the series, the number and the date of issue, and by whom the document identifying the person is issued.

1.7.2. All the copies of the Rules shall be presented in the originals. The rules of a public association shall envisage the provisions contained in Article 20 of the Federal Law on Public Associations. In the Rules may also be envisaged the other provisions concerning the activity of the public association not contradicting laws.

The pages of the Rules of a public association submitted for state registration shall be enumerated and filed, and the Rules shall be certified with the signature of the head of the public association.

1.7.3. An excerpt from the protocol of the constituent congress (conference) or of the general meeting containing information on the creation of a public association, on the approval of its Rules and on the formation of its leading and its control and inspection bodies shall be submitted in two copies and shall reflect the following data: the date and the place of holding the constituent congress (conference) or the general meeting; the list of the founders - the participants in the constituent congress (conference) or in the general meeting; information on the quantitative and on the personal composition of the working bodies (the presidium, the secretariat, etc.); the substance of the adopted decisions and the results of the voting on them; information (the surnames, names and patronymics) of the elected members of the leading and of the control and inspection bodies, the surnames and the signatures of the chairman and of the secretary of the congress (conference) or of the general meeting responsible for compiling the protocol.

1.7.4. Information on the natural persons founders shall be presented for every founder on a separate form on which shall be supplied the full designation of the public association, the surname, name and patronymic of the founder, the taxpayer identification number (if it exists), the date of birth and the data of the document identifying the founder, and the address of his residence in the Russian Federation. If the founder is a foreign natural person, the country of his place of residence and his address shall be supplied. The information shall be certified with the personal signature of the natural person founder pointing out the date of its compilation, and it shall be signed by the head of the standing leading body of the association.

1.7.5. Information on the legal entity founders or public associations shall be submitted for every founder on a separate form, on which shall be pointed out the full name of the public association, information on the registration of the legal entity founder, the date of registration (Registration No. before July 1, 2002 and the basic state registration number /the OGRN/ after July 1m 2002), by whom and when the registration certificate was issued, the address of the legal entity in the Russian Federation, the address of the foreign founder legal entity and the country of its registration. The information shall be signed by the head of the legal entity.

1.7.6. For the state registration of a public association and of the subsequent amendments and addenda introduced into its Rules, state duty shall be collected in accordance with the procedure and in the amounts envisaged in the legislation of the Russian Federation.

The public association shall submit to the Ministry of Justice of the Russian Federation or to its territorial body the payment order or another bank document in two copies (the original and the photocopy) confirming the payment of state duty for the state registration of the public association to the federal budget of the Russian Federation.

1.7.7. Information about the address (place of location) of the standing leading body of the public association through which the communication with the public association is maintained may be formalized as guarantee letters and as the other documents confirming the place of its location.

1.7.8. Seen as the documents confirming the authority of the public association for making use in its name of the names of statesmen and public figures are the decisions on this issue of the corresponding executive power bodies of the subjects of the Russian Federation at the place of location of the standing leading body of the public association.

1.7.9. Seen as the documents confirming the authority of the public association for its use of the symbols protected by the legislation of the Russian Federation on the protection of intellectual property may be: the registration certificates of the State Patent Department of the Russian Federation, the decisions of the judicial bodies and the other law-establishing documents.

1.8. The documents for the state registration of a public association shall be submitted to the Ministry of Justice of the Russian Federation and to its territorial bodies by the members of the standing leading body of the public association or by its representatives, or they shall be mailed to the body of justice with the notification on handing in and with an inventory of the enclosure.

Seen as the date of the presentation of the constituent documents shall be the date of their arrival at the Ministry of Justice of the Russian Federation or at its territorial body, as well as the date of their registration on arrival, if the documents have been mailed.

1.9. The documents and other materials shall be submitted to the federal body of justice or to the body of justice in the Russian language - the state language of the Russian Federation (Law of the RSFSR No. 1807-1 of October 25, 1991 on the Languages of the Peoples of the RSFSR - Vedomosti Syezda Narodnykh Deputatov i Verkhovnogo Soveta RSFSR, No. 50, 1991, Item 1740; Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 31, 1998, Item 3804).

2. Preparing Documents for the State Registration of a Public Association

2.1. Adoption of the decision on the state registration of a public association shall be preceded by the preparation of the materials for the consideration, in the course of which the Rules and the other constituent documents shall be analyzed from the point of view of:

    - correspondence to the Constitution of the Russian Federation, to the Federal Law on the State Registration of Legal Entities, to the Federal Law on Public Associations and to the federal laws on the individual kinds of public associations;

    - existence of the complete list of the constituent documents required in accordance with the law;

    - observation of the proper procedure and of the correct formalization of the constituent documents;

    - authenticity of information contained in the constituent documents submitted for state registration;

    - the name of the public association stratifying the demands of the law;

    - whether in the Uniform State Register of Legal Entities there is a registered public association with the same name on the territory within whose boundaries the given association is performing its activity.

2.2. If necessary, the Ministry of Justice of the Russian Federation and its territorial bodies shall carry out a check-up of the constituent documents and of the other materials submitted for the state registration of the public association, which presupposes:

    - receiving from the public association which has applied for the state registration the original copies of the constituent documents and of the other materials for familiarization with them;

    - receiving reference notes and explanations from the representatives of public associations and other interested persons and organizations on the issues connected with the state registration of the public association;

    - forwarding enquiries to the state bodies and to the public associations;

    - receiving specialists' conclusions on the issues arising in connection with the state registration of the public associations;

    - carrying out the other actions stemming from the demands of the law.

2.3. The materials submitted to the Ministry of Justice or to its territorial body may be returned to the public association at its written application, with a note to this effect in the journal for recording the incoming documents if the decision on the state registration of the given association as a legal entity has not yet been passed (except for one copy of the Rules and of the application, which shall be left at the Ministry of Justice of the Russian Federation or at its territorial body).

2.4. The remarks on the submitted constituent documents demanding their revision but not interfering with the adoption of the decision on the state registration of the corresponding association may be officially brought by the Ministry of Justice of the Russian Federation or by its territorial body to the knowledge of the standing leading body of the public association in writing.

The editing of the constituent documents which are under consideration at the Ministry of Justice or at its territorial body is inadmissible.

2.5. The right to represent the interests of a public association on the issues concerning its state registration at the Ministry of Justice of the Russian Federaiton and its territorial bodies without a warrant shall have the heads of the public association endowed in conformity with its Rules with the right to represent the given public association in the state power bodies, and under a warrant issued by the leading body or by the properly authorized official of the public association in accordance with its Rules - also other persons.

3. Adoption by the Ministry of Justice of the Russian Federation or by Its Territorial Bodies of the Decision on the State Registration of a Public Association

3.1. The Ministry of Justice of the Russian Federation and its territorial bodies are obliged to consider the application within a month from the day of filing it, to adopt the decision on the state registration of the public association and to issue the certificate on the state registration of the public association with the confirmation of the fact of making an entry into the Uniform State Register of Legal Entities, or to refuse it state registration and to issue to the applicant a motivated refusal in writing, which may be appealed against in court.

3.2. The decision on the state registration of a public association shall be formalized as the conclusion and shall be approved by an Order of the Ministry of Justice of the Russian Federation or of its territorial body.

3.3. After the adoption of the decision on the state registration of the public association and after the issue of the corresponding Order, the Ministry of Justice of the Russian Federation or its territorial body shall direct to the registering body one copy of the documents envisaged in Articles 12, 14, 17 and 21 of the Federal Law on the State Registration of Legal Entities necessary for making an entry into the Uniform State Register of Legal Entities.

3.4. On each page of all the copies of the Rules of the public association shall be put the special stamp with an indication of the name of the body which has passed the decision on the state registration of the public association, and of the date of adoption of the decision on the state registration. The Rules of the public association forwarded to the registering body shall be filed and certified on the reverse side of the last sheet with the signature of the authorized official responsible for keeping the departmental register of the Ministry of Justice of the Russian Federation or of its territorial body.

The Rules of the public association intended for handing in to the representative of the public association shall be filed and certified on the reverse side of the last sheet with the signature of the official responsible for the adoption of the decision on the state registration, and with the official seal of the Ministry of Justice of the Russian Federation or of its territorial body.

3.5. After receiving the information and documents necessary for the state registration of the public association, the territorial registering body shall issue to the Ministry of Justice of the Russian Federation or to its territorial body the notification on the receipt of these documents with the enclosure of an inventory.

3.6. One copy of the Rules of the registered public association and a copy of the certificate on its state registration shall be put into the registration file, kept in the departmental register of the Ministry of Justice of the Russian Federation or of its territorial bodies.

3.7. Not later than three working days from the day of receipt from the registering body of information on an entry on the public association being made into the Uniform State Register of Legal Entities, the Ministry of Justice of the Russian Federation or its territorial body shall issue to the applicant the certificate on the state registration confirming the fact of making the entry on the public association into the Uniform State Register of Legal Entities.

3.8. The public association may be refused state registration on the grounds described in Article 23 of the Federal Law on Public Associations.

The refusal of state registration of a public association on the motives for inexpediency of its creation is inadmissible.

The refusal of state registration of a public association shall be formalized as a conclusion approved by the authorized official of the Ministry of Justice of the Russian Federation or of its territorial body. The applicants shall be informed about the refusal of state registration in writing not later than within a month as from the day of filing the application, with an indication of the particular provisions of the legislation of the Russian Federation the violation of which has entailed the refusal in the state registration of the given public association.

The refusal of state registration of a public association is not an obstacle to submitting the documents for the state registration once again, under the condition that the reasons which have entailed the refusal are eliminated.

An application repeatedly filed to the Ministry of Justice of the Russian Federation or to its territorial body shall be considered and the decision on the state registration of this application shall be adopted in accordance with the procedure envisaged in the law and in the present Rules.

3.9. The refusal of state registration, as well as the avoidance of registration, may be appealed against in court.

II. Specifics of the Consideration of Applications and of the Adoption of the Decision on the State Registration of Individual Kinds (Categories) of Associations

4. Specifics of the Consideration of Applications and of the Adoption of the Decision on State Registration of All-Russia and International Public Associations

4.1. All-Russia public associations perform their activity on the territory of over half of the subjects of the Russian Federation and have there their structural subdivisions - organizations and branches, or affiliates and representations.

The performance by all-Russia public associations of an activity on the territory of more than half of the subjects of the Russian Federation and the existence there of their structural subdivisions is confirmed by the minutes of congresses (conferences) or of general meetings.

The all-Russia public associations may make use in their names of the words "Russia" and the "Russian Federation", as well as of the words and phrases formed on their basis without special permission from the authorized state body.

4.2. Recognized as an international public association is a public association established in the Russian Federation, if even any one of its structural subdivisions - an organization, a branch, an affiliate or a representation - is set up and is performing its activity in foreign states in accordance with its Rules.

Russian public associations may set up their organizations and branches, or affiliates and representations in foreign states on the basis of the generally recognized principles and norms of international law, of the international treaties of the Russian Federation and of the legislation of these states.

4.3. The documents confirming the creation and activity in foreign states of the structural subdivisions of the Russian public associations, shall be presented to the Ministry of Justice of the Russian Federation in the state (official) language of the country of location (registration) of this organization with an enclosed translation thereof into Russian, certified in the established order.

The official documents and acts coming in from the organizations and institutions of foreign states which are not the participants in the 1961 Hague Convention, unless otherwise established in the currently operating treaties and agreements of the Russian Federation with foreign states shall be accepted for consideration by the Ministry of Justice of the Russian Federation under the condition of their consular legalization, which shall be effected by the consular institutions of the Russian Federation abroad and by the Consular Board under the Ministry of Foreign Affairs of the Russian Federation.

The official documents and acts coming in from the organizations and the institutions of foreign states who are participants in the 1961 Hague Convention, unless otherwise envisaged in the treaties and the agreements of the Russian Federation with foreign states, shall be accepted for consideration by the Ministry of Justice of the Russian Federation with the adoption of the decision on the state registration of the public associations without the consular legalization of the documents. In conformity with the Convention, on the official documents coming in from the organizations of foreign states, shall be put a special apostille stamp (testimony), certifying the authenticity of the signature, the capacity in which the person has acted, and the genuineness of the seal or the stamp put onto this document.

The official documents coming in from the countries of the Commonwealth of Independent States shall be accepted by the Ministry of Justice of the Russian Federation for consideration without any special certification, if these documents are compiled and certified by an institution or by a specially authorized person within the scope of its (his) competence and in accordance with the established form, and certified with the official seal (the 1993 Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases).

In conformity with the generally recognized norms of international law, seen as proof of the acquisition of the legal person status and of the legal capacity by international non-government organizations is the presentation of the Rules or of the other constituent acts. Such acts shall be accompanied with documents confirming the administrative permission, the registration or any other form of public recognition in the state which has granted the legal person status and the legal capacity. In a state in which there is no procedure for public recognition, the constituent act of a non-governmental organization shall be properly certified by the competent power body (the 1986 European Convention on Recognizing the Legal Person Status of International Non-Government Organizations).

4.4. The applications shall be considered and the decision on the state registration of the organizations and of the branches which are the structural subdivisions of foreign and international public associations (of non-profit non-governmental associations) created on the territory of foreign states shall be adopted in accordance with the procedure established for international public associations set up on the territory of the Russian Federation.

4.5. Regardless of their legal-organizational forms, the public associations have the right to create the unions (amalgamations) of public associations on the basis of the constituent agreements and (or) of the Rules adopted by the unions (amalgamations), thus creating new public associations. The Ministry of Justice of the Russian Federation and its territorial bodies shall consider the constituent documents and shall pass the decision on the state registration of the unions (amalgamations) of public associations in the same order and within the same time terms as are established for the consideration of the constituent documents and for the adoption of the decision on the state registration of public associations.

The Ministry of Justice of the Russian Federation shall consider the constituent documents and take the decision on the state registration of the unions (amalgamations) of public associations if the activity of any one of the public associations included in the union (amalgamation), is carried out on the territories of over a half of the subjects of the Russian Federation where there are its structural subdivisions - organizations and branches, or affiliates and representations.

The territorial institutions of the Ministry of Justice of the Russian Federation shall consider the constituent documents and adopt the decision on the state registration of the unions (amalgamations), if the activity of each of the public associations included in the union (in the amalgamation), is carried out on the territories of less than half of the subjects of the Russian Federation, where are their structural subdivisions - organizations and branches, or affiliates and representations, or on the territory of one subject.

The legal capacity of the unions (amalgamations) of public associations as legal entities shall arise as from the day of making an entry on them into the Uniform State Register of Legal Entities.

4.6. The state registration of youth and children's public associations shall be effected under the condition that into their leading bodies are elected citizens who have reached the age of eighteen.

5. Specifics in Considering Applications and Adoption of the Decision on the State Registration of Political Parties

5.1. The political parties and their regional branches are subject to the state registration in conformity with the Federal Law on the State Registration of Legal Entities, taking account of the special procedure for their state registration established in Federal Law No. 95-FZ of July 11, 2001 on Political Parties (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 29, 2001, p. 2950; No. 12, 2002, p. 1095), and for the demands this Law makes on the procedure for their creation and activity.

5.2. A party may be created at a constituent congress of the political party or by way of the transformation into a political party of an all-Russia public organization or of an all-Russia public movement at the congress of these public associations.

5.3. To prepare, convene and hold the constituent congress of a political party, the citizens of the Russian Federation, who have the right to be members of a political party, shall set up an organizational committee in the composition of at least ten people.

The organizational committee shall notify in writing the Ministry of Justice of the Russian Federation of its intention to create the political party, shall point out its supposed name and shall forward the documents listed in the second part of Article 12 of the Federal Law on Political Parties.

5.4. On the day of receiving the notification and the other documents from the organizational committee of a political party, the Ministry of Justice of the Russian Federation or its territorial body shall issue to its authorized person the document confirming their presentation.

In the course of a month as from the day of the issue to it of the said document, the organizational committee shall print in one or in several all-Russia periodical printed publications information about its intention to create the political party and about the presentation by it of the corresponding documents to the Ministry of Justice of the Russian Federation.

The organizational committee shall define and organize its activity on its own. In the course of the time term of its powers, it shall prepare, convene and hold the constituent congress of the political party.

After holding the constituent congress of the political party, the organizational committee shall stop its activity.

If the organizational committee fails to hold the constituent congress of the political party in the course of the time term of its powers, it shall also stop its activity.

5.5. The documents necessary for the state registration of a political party shall be submitted to the Ministry of Justice of the Russian Federation not later than six months from the day of holding the constituent congress of the political party or of the congress of the all-Russia public organization or of the all-Russia public movement which has adopted the decision on the transformation of these associations into a political party.

5.6. For the state registration of a political party, to the Ministry of Justice of the Russian Federation shall be submitted the documents envisaged in Articles 16 and 17 of the Federal Law on Political Parties.

5.7. For the state registration of the regional branch of a political party, to the territorial body of the Ministry of Justice of the Russian Federation shall be presented the documents envisaged in Article 18 of the Federal Law on Political Parties.

5.8. The documents submitted for the state registration of a political party and of its regional branches shall meet the following demands:

    - an application for the state registration of the political party and of its regional branch shall be submitted in two copies. The signatures of the authorized persons on one copy of the application shall be notarially certified in accordance with the procedure stipulated in Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities for the state registration of legal entities;

    - all the copies of the Rules shall be presented in the original; the Rules shall contain the provisions, described in Article 21 of the Federal Law on Political Parties;

    - the copies of the decisions of the constituent congress of the political party, of the congress of the all-Russia public organization or of the all-Russia public movement on their transformation into a political party;

    - the protocols of the conferences or of the general meeting of the regional branch of the political party shall be submitted in two copies;

    - the payment order or another document from the bank confirming the payment of state duty for the state registration of the political party or of its regional branch into the federal budget of the Russian Federation, shall be presented in two copies;

    - information on the address (on the place of location) of the standing leading body of the political party or of its regional branch, at which the communication with them is maintained, may be confirmed by guarantee letters and by the other documents.

5.9. On the day of receiving the documents necessary for the state registration of political parties and of their regional branches, the Ministry of Justice of the Russian Federation or its territorial body shall issue the authorized persons of the political party with the document confirming their receipt. The Ministry of Justice of the Russian Federation and its territorial bodies have no right to demand from the political party that it present any documents not stipulated in the first Items of Articles 16, 17 and 18 of the Federal Law on Political Parties for the state registration of a political party or of the regional branch of a political party,

The decision on the state registration of the political party and of its regional branches shall be adopted, respectively, by the Ministry of Justice of the Russian Federation and its territorial bodies. The entry into the Uniform State Register of Legal Entities of information on the creation reorganization and liquidation of a political party and of its regional branches, as well as of other information envisaged in the federal laws, shall be made by the registering body.

5.10. On the grounds of the decision on the state registration of a political party and of its regional branches adopted by the Ministry of Justice of the Russian Federation or by its territorial body, and of the necessary information and documents they have submitted, the registering body shall make into the Uniform State Register of Legal Entities an entry on the political party or on its regional branch, and shall inform to this effect the body of justice which has adopted the decision on the state registration of the political party or of its regional branch, within the law-established time terms.

5.11. The Ministry of Justice of the Russian Federation or its territorial body shall issue to the authorized person of the political party or of its regional branch, not later than three working days from the day of receiving information from the registering body on making the entry on the political party or on its regional branch, the certificate on their state registration confirming the fact that the corresponding entries have been made into the Uniform State Register of Legal Entities.

If the decision on the refusal in the state registration of a political party or of its regional branch is not adopted, this certificate shall be issued not later than one month from the day of filing the corresponding application for the state registration.

5.12. The political party or its regional branch may be refused in the state registration on the grounds described in Article 20 of the Federal Law on Political Parties. The refusal of state registration shall be formalized as the conclusion and shall be approved by the Ministry of Justice of the Russian Federation or by its territorial body, and the applicant shall be informed of this in writing not later than one month from the day of receiving the submitted documents, with an indication of the concrete provisions of the legislation of the Russian Federation, the violation of which has entailed the refusal in the state registration of the given political party or of its regional branch.

The refusal of state registration of a political party or of its regional branch may be appealed against in court. The refusal of state registration is not an obstacle to repeatedly submitting the documents for the state registration of the political party or of its regional branch. The authorized bodies shall consider the repeatedly submitted documents and shall pass the decisions on them in accordance with the procedure stipulated in the legislation.

6. Specifics in Considering Applications and Adoption of the Decision on the Registration of Trade Unions

6.1. In conformity with the Federal Law on the State Registration of Legal Entities and taking account of the special procedure for the registration of trade unions, established in Federal Law No. 10-FZ of January 12, 1996 on the Trade Unions, on Their Rights and the Guarantees of Activity (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 3, 1996, Item 148; No. 12, 2002, Item 1093), the Ministry of Justice of the Russian Federation and its territorial bodies shall consider the submitted constituent documents and shall adopt the decision on the state registration of trade unions as legal entities.

6.2. The Ministry of Justice of the Russian Federation shall consider the applications and pass the decision on the state registration of:

    - all-Russia trade unions (a voluntary association of the trade union member workers in one or in several branches of activity tied in by the common social-labour and professional interests operating on the entire territory of the Russian Federation or on the territory of more than half of the subjects of the Russian Federation, or uniting at least half of the total number of workers in one or several branches of activity);

    - all-Russia associations (amalgamations) of the trade unions - a voluntary association of the all-Russia trade unions, of the territorial associations (amalgamations) of the trade union organizations operating on the entire territory of the Russian Federation or on the territories of more than half of the subjects of the Russian Federation.

6.3. The territorial bodies of the Ministry of Justice of the Russian Federation shall consider the applications and shall adopt a decision on the state registration of:

    - inter-regional trade unions (a voluntary association of the trade union members - the workers in one or in several branches of activity operating on the territories of less than half of the subjects of the Russian Federation);

    - inter-regional associations (amalgamations) of trade union organizations (a voluntary association of the inter -regional trade unions and (or) of the territorial associations (amalgamations) of the trade union organizations operating on the territories of less than half of the subjects of the Russian Federation;

    - territorial associations (amalgamations) of the trade union organizations (a voluntary association of the trade union organizations, normally on the territory of one subject of the Russian Federation or on the territory of a city or of a district);

    - territorial trade union organizations (a voluntary association of the members of the primary trade union organizations of one trade union operating on the territory of one subject of the Russian Federation or on the territories of several subjects of the Russian Federation, or on the territory of a city or of a district);

    - primary trade union organizations (a voluntary association of the trade union members, working as a rule in one enterprise, in one institution or in one organization, regardless of the forms of ownership and of subordination, operating on the grounds of the regulations it has adopted in conformity with the Rules, or on the grounds of the general regulations on the primary trade union organization of the corresponding trade union).

6.4. The state registration of trade unions shall be effected by way of notification.

6.5. For state registration, the trade unions, their associations (amalgamations) and the primary trade union organizations shall submit to the Ministry of Justice of the Russian Federation or to its territorial body in the subject of the Russian Federation at the place of location of the corresponding trade union, in the course of one month as from the day of their creation:

    - an application in two copies. The signatures of the applicants on one copy of the application shall be notarially certified in conformity with Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities;

    - in conformity with Federal Law No. 10-FZ of January 12, 1996 on Trade Unions, on Their Rights and on the Guarantees of Activity, the originals or the notarially certified copies of the Rules or of the regulations on the primary trade union organizations in two copies;

    - the copies of the decisions of the congresses (conferences or meetings) on the creation of the trade unions, of their associations (amalgamations) and of the primary trade union organizations, and on the approval of their rules or of the regulations on the primary trade union organizations;

    - the list of participating corresponding trade unions, and of their associations (amalgamations).

The copies of the documents, except for the copies of the Rules or of the regulations on the primary trade union organizations, shall be signed by the head of the trade union body and shall be certified with the seal of this body or of the organization where the trade union is operating.

The trade unions shall be relieved of the payment of the state duty for state registration.

As it receives the above documents, the Ministry of Justice of the Russian Federation or its territorial body shall forward to the registering body information and the documents necessary for making an entry into the Uniform State Register of Legal Entities of information on the creation, reorganization or liquidation of the trade union or of the association (amalgamation) of the trade unions or of a primary trade union organization.

6.6. Upon receiving from the registering body information on making an entry into the Uniform State Register of Legal Entities on the trade union, on the association (amalgamation) or on the primary trade union organization, the Ministry of Justice of the Russian Federation or its territorial body shall issue the applicant with a certificate on the registration, confirming the fact of the above entry being made into the Uniform State Register of Legal Entities.

6.7. The necessary actions for the state registration of the primary trade union organizations as a legal entity may also be performed by the representative of the trade union body of the corresponding trade union under a warrant.

7. Specifics in Considering Applications and in Taking the Decision on the State Registration of National-Cultural Autonomies

7.1. The state registration of a national-cultural autonomy shall be carried out in accordance with the order established in the legislation of the Russian Federation on public associations taking account of the specifics of the national-cultural autonomy stipulated in Federal Law No. 74-FZ of June 17, 1996 on the National-Cultural Autonomy (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 25, 1996, Item 2965; Item 12, 2002, Item 1093).

7.2. For the state registration of the national-cultural autonomy shall be presented documents confirming that at least three months before holding the constituent meeting (conference or congress), in the mass media or in other ways statements about the forthcoming institution of the national-cultural autonomy were made.

7.3. The Ministry of Justice of the Russian Federation shall consider the applications and shall take the decisions on the state registration of the federal national-cultural autonomy, and its territorial bodies shall consider the applications and shall adopt the decisions on the state registration of the regional and the local national-cultural autonomies.

8. Procedure for Considering Applications and Adoption of the Decision on the State Registration of Chambers of Industry and Commerce

8.1. The chambers of industry and commerce which are non-governmental non-profit organizations, uniting Russian enterprises and Russian businessmen, are subject to the state registration in conformity with the Federal Law on the State Registration of Legal Entities taking account of the special order for the state registration of the chambers of industry and commerce established in the Federal Law on the Chambers of Industry and Commerce in the Russian Federation (Vedomosti Syezda Narodnykh Deputatov Rossiyskoy Federatsii i Verkhovnogo Soveta Rossiyskoy Federatsii, No. 33, 1993, Item 1309; Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 21, 1995, Item 1930; No. 12, 2002, Item 1093).

8.2. The Ministry of Justice of the Russian Federation considers the applications and takes the decision on the state registration of the chambers of industry and commerce, created on the territory of several subjects of the Russian Federation, and of the Chamber of Industry and Commerce of the Russian Federation.

The territorial body of the Ministry of Justice of the Russian Federation considers the application and takes the decision on the state registration of the chamber of industry and commerce set up on the territory of one subject of the Russian Federation.

8.3. For the state registration of the chamber of industry and commerce to the Ministry of Justice or to its territorial body in the corresponding subject of the Russian Federation shall be submitted, within a month's term as from the day of adoption of the Rules, the following documents:

    - an application from the founders of the chamber of industry and commerce in which shall be supplied, among other data, information about the address (place of location) of the standing leading body of the chamber of industry and commerce in two copies. The signatures of the applicants on one copy shall be certified notarially, in accordance with the procedure stipulated in Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities for the state registration of legal entities;

    - the rules of the chamber of industry and commerce, in three copies;

    - the protocol of the constituent congress (conference) or of the general meeting of the founders, who have adopted the Rules of the chamber of industry and commerce, in two copies;

    - the decision of the Chamber of Industry and Commerce of the Russian Federation on its consent to the creation of the given chamber of industry and commerce;

    - the documents on the payment of the state duty, in two copies;

    - an inventory of the documents submitted for the state registration.

8.4. After the adoption of the decision on the state registration of the chamber of industry and commerce, the Ministry of Justice of the Russian Federation or its territorial body shall forward to the territorial registering body information and the documents necessary for the given body to discharge the functions involved in keeping the Uniform State Register of Legal Entities.

8.5. On the grounds of the decision of the Ministry of Justice of the Russian Federation or of its territorial body and of the necessary information and documents supplied by them, the registering body shall make into the Uniform State Register of Legal Entities an entry on the registration of the chamber of industry and commerce and shall notify about this the body, which has adopted the decision on the state registration of the chamber of industry and commerce, within the law-established terms.

8.6. The Ministry of Justice of the Russian Federation or its territorial body shall issue to the applicant the certificate on state registration confirming the fact of the above entry being made into the Uniform State Register of Legal Entities, not later than three working days as from the day of receiving information from the registering body on making into the Uniform State Register of Legal Entities an entry of the chamber of industry and commerce (Appendix 10).

If the decision on the refusal of state registration of the chamber of industry and commerce is not adopted, the certificate shall be issued to the applicant not later than one month from the day of his filing an application for the state registration.

8.7. The chamber of industry and commerce shall acquire the rights of a legal entity as from the day of an entry on it being made in the Uniform State Register of Legal Entities.

8.8. The chamber of industry and commerce is obliged to inform the body which has adopted the decision on its state registration about an alteration of the information pointed out in Item 1 of Article 5 of the Federal Law on the State Registration of Legal Entities, with the exception of the information on the received licences, in the course of three days as from the moment of such alteration. The Ministry of Justice of the Russian Federation or its territorial body shall inform about receiving the corresponding information from the chamber of industry and commerce the registering body for making an entry into the Uniform State Register of Legal Entities not later than on the ... working day as from the day of receiving it..

A repeated failure by the chamber of industry and commerce to present within the fixed time term the renewed information necessary for the introduction of amendments into the Uniform State Register of Legal Entities is seen as a ground for the body of justice which has passed the decision on the state registration of the chamber of industry and commerce to apply to court with the demand for its liquidation.

8.9. The state registration of a chamber of industry and commerce in connection with its reorganization shall be carried out in accordance with the procedure envisaged in the Federal Law on the State Registration of Legal Entities, taking account of the specifics established in the Law of the Russian Federation on Chambers of Industry and Commerce in the Russian Federation.

The state registration of a chamber of industry and commerce in connection with its liquidation shall be performed within a time term of no longer than ten working days as from the day of submitting all the documents formalized in the established order.

III. Consideration of Applications and Adoption of the Decision on the Issue to Chambers of Industry and Commerce, to Public Associations, Including Political Parties, to Trade Unions and National-Cultural Autonomies of the Duplicates of the Lost Documents

9. If the originals of the certificate on the state registration of a chamber of industry and commerce, of a public association, including a political party, of a trade union and of a national-cultural automony, or of the Rules of the above associations are lost, the Ministry of Justice of the Russian Federation or its territorial body may take the decision on the issue of the duplicates of these lost documents.

10. For the issue of the duplicates of the certificate on the state registration of a chamber of industry and commerce, of a public association, including a political party, of a trade union and of a national-cultural automony, and (or) of the Rules of these associations, to the Ministry of Justice of the Russian Federation or to its territorial body which has passed the decision on the state registration of the above-said associations shall be submitted the following documents:

    - an application signed by the leaders of the public association;

    - the decision of the standing leading body of the association on the fact of the loss of the originals of the documents;

    - the acts, reference notes and other materials and information confirming the loss of the originals of the above-said documents;

    - an inventory of the documents submitted for obtaining the duplicates of the lost documents.

11. The applications for the issue of the duplicates of the certificate on the state registration of a chamber of industry and commerce, of a public association, including a political party, of a trade union and of a national-cultural autonomy, as well as of their Rules shall be considered by the Ministry of Justice of the Russian Federation or its territorial body within a month's term. If necessary, the authenticity of the fact of the loss of the documents shall be checked.

At an application for the issue of the duplicates of the lost documents may be adopted the decisions: either on the issue of the duplicates of the documents, or on the refusal to issue them.

12. In accordance with the results of the consideration of an application shall be compiled the conclusion. The decision on the issue of the duplicates of the documents or on the refusal to issue them shall be approved by the decision of the Ministry of Justice of the Russian Federation or of its territorial body.

In case of the refusal to issue duplicates of the lost documents, the applicant shall be informed to this effect in writing, with a substantiation of the refusal.

13. When the duplicates of the registration documents of a chamber of industry and commerce, of a public association, including a political party, of a trade union and of a national-cultural autonomy are formalized, on the right side of the documents shall be made the note Duplicate. The copies of the issued duplicates of the documents, as well as the materials which have served as a ground for their issue, shall be enclosed to the registration file of the association kept in the departmental register of legal entities.

IV. Formalization and Storage at the Ministry of Justice of the Russian Federation and Its Territorial Bodies of the Documents and Materials on the State Registration of Chambers of Industry and Commerce, of Public Associations, Including Political Parties, of Trade Unions and National-Cultural Autonomies

14. The documents and materials on the state registration of chambers of industry and commerce, of public associations, including political parties, of trade unions and of national-cultural autonomies, shall be collected into separate registration files, in which shall be kept all the documents submitted for state registration in conformity with the present Rules. One set of the documents necessary for making an entry into the Uniform State Register of Legal Entities, shall be forwarded to the territorial body of the Ministry of Taxation of the Russian Federation and the second set of the documents, together with a copy of the certificate on the registration of these associations, shall be kept in the departmental register of the body of justice, which has taken the decision on the state registration of the chamber of industry and commerce, of the public association, including the political party, and of the national-cultural autonomy. The other documents and materials submitted for the state registration of the association shall be returned to the applicant.

15. Into the registration files kept in the departmental register of the bodies of justice shall be put all the subsequent correspondence on this or that association, the reference notes on the verification of their constituent activity, the annual information from the reports on the continuation of the activity of the chamber of industry and commerce, of the public association, including the political party, the trade union and the national-cultural autonomy.

The sheets of the registration file shall be enumerated, tied together and put into a file with an internal inventory of all the documents kept in it.

16. The registration files shall be kept in the sector of the departmental register of the Ministry of Justice of the Russian Federation or of its territorial body, in separate specially-equipped premises.

The destruction of the archive files on the state registration of chambers of industry and commerce, of public associations, including political parties, of trade unions and of national-cultural autonomies, is seen as inadmissible. The documents on state registration of the above associations are subject to permanent storage.

Appendix 2

to Order of the Ministry of Justice

of the Russian Federation

No. 68 of March 25, 2003

Rules

for Considering Applications and for Adopting the Decision on the State Registration

of Religious Organizations by the Ministry of Justice of the Russian Federation and by Its Territorial Bodies

According to Decree of the President of the Russian Federation No. 1315 of October 13, 2004, the Federal Registration Service shall take decisions related to state registration of religious organizations and representative offices of foreign religious organizations

I. General Provisions

1. The Rules have been elaborated on the basis of Federal Laws No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 33 /Part 1/, 2001, Item 3431) and No. 125-FZ of September 26, 1997 on the Freedom of Conscience and on Religious Organizations (hereinafter referred to as the Law) (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 39, 1997, Item 4465; No. 14, 2000, Item 1430; No. 12, 2002, Item 1093; No. 30, 2002, Item 3029), of Decision of the Government of the Russian Federation No. 442 of June 19, 2002 on the Procedure for Interaction of the Federal Body of Justice with the Federal Executive Power Body, Authorized to Carry Out the State Registration of Legal Entities (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 26, 2002, Item 2589) and of the other acts of the legislation of the Russian Federation, and regulate the procedure for considering the applications and for taking the decision on the state registration of religious organizations by the Ministry of Justice of Russia and by its territorial bodies.

2. In conformity with Item 1 of Article 11 of the Law, religious organizations are subject to state registration in conformity with the Federal Law on the State Registration of Legal Entities. The decision on the state registration of a religious organization shall be adopted by the Ministry of Justice of the Russian Federation or by its territorial bodies.

3. The introduction of information on the creation, the reorganization and the liquidation of religious organizations, as well as of other information envisaged in the federal laws, into the Uniform State Register of Legal Entities, shall be effected by the authorized registering body (hereinafter referred to as the authorized body) on the grounds of the decision adopted by the Ministry of Justice of the Russian Federation or by its territorial body on the corresponding state registration.

4. The Ministry of Justice of the Russian Federation shall adopt the decision on state registration of the centralized religious organizations, having local religious organizations on the territory of two and more subjects of the Russian Federation, and also of the religious organizations formed by these centralized organizations.

The decision on the state registration of local religious organizations, as well as of the centralized religious organizations, having local religious organizations on the territory of one subject of the Russian Federation, and of the religious organizations formed by these centralized religious organizations shall be adopted by the territorial body of the Ministry of Justice of the Russian Federation in the corresponding subject of the Russian Federation.

II. Procedure for Submitting Documents for the State Registration of Religious Organizations

5. For the state registration of a local religious organization, its founders shall submit to the corresponding body of justice the following documents in two copies (except for the document mentioned in Subitem 5.4 of the present Rules):

5.1. An inventory of the documents and information presented for state registration.

5.2. An application for state registration made out in accordance with the form approved by the Government of the Russian Federation and signed by the applicant, whose signature shall be notarially certified in accordance with the order stipulated in Federal Law No. 129-FZ of August 8, 2001 on the State Registration of Legal Entities for the state registration of legal entities.

5.3. The list of the persons (of the founders) creating the religious organization, of the established form.

5.4. The Rules of the religious organization in three copies, satisfying the demands of Article 10 of the Law.

The copies of the Rules shall be made out in typewriting; they shall be identical and shall be enumerated, filed and certified by the leading body (by the head) of the religious organization.

5.5. The protocol of the constituent meeting, containing information on the date and the place of holding the meeting, on the quantitative and personal composition of the participants and of the working bodies, on the substance of the adopted decisions (on the creation of the religious organization, on the adoption of its Rules, on the election of its leading bodies) and on the results of voting on them.

5.6. The document confirming the existence of a religious group on the given territory for at least fifteen years issued by the local self-government body, or confirming its incorporation into a centralized religious organization, issued by its leading centre.

5.7. Information on the principles of the religious dogma and of the practice, corresponding to it, including on the history of the emergence of the religion and of the given association; on the forms and methods of its activity; on the attitude towards family and marriage, as well as towards education; on the specifics in its attitude to the health of worshippers of the given religion; on the restrictions for the members and the priests of the organizations as concerns their civil rights and duties.

5.8. Information on the address (on the place of location) of the standing leading body of the set up religious organization, at which the communication with the religious organization is maintained.

5.9. If the higher placed leading body (the centre) of the created religious organization is situated outside of the Russian Federation, in addition shall be presented the Rules or another fundamental document of the foreign religious organization certified by the governmental body of the state of location of this organization.

5.10. The document on the payment of state duty.

6. For the state registration of centralized religious organizations, and of religious organizations formed by centralized religious organizations, to the Ministry of Justice of the Russian Federation or to its territorial body shall be submitted in two copies (except for the document, mentioned in Subitem 6.5 of the present Rules):

6.1. An inventory of the documents and information presented for state registration.

6.2. An application for the state registration compiled in accordance with the form supplied in Subitem 5.2 of the present Rules.

6.3. The list of founders of the religious organization (of legal entities).

6.4. In conformity with Federal Law No. 125-FZ of September 26, 1997 on Freedom of Conscience and on Religious Associations, the copies of the Rules and of the document on the state registration of the founder (of the founders) shall be certified by a notary.

6.5. The Rules of the created religious organization in three copies approved by its founder (founders), satisfying the demands established in Article 10 of the Law.

6.6. The corresponding decision of the competent body of the founder (founders) formalized as the protocol of the general meeting, conference, congress, etc., with the observation of the demands made on the given kind of juridical documents.

6.7. Information on the religious organizations which are incorporated into the structure of the created religious organization, with an enclosure of the copies of the Rules and of the certificates on the state registration of no less than three local religious organizations incorporated into its structure.

6.8. Information on the address (place of location) of the standing leading body of the created organization through which the communication with this religious organization is maintained.

6.9. If the higher placed leading body (the centre) of the created religious organization is situated outside the Russian Federation, the documents envisaged in Subitem 5.9 of the present Rules shall be submitted.

6.10. The document on the payment of state duty.

6.11. The documents and other materials shall be presented to the federal body of justice or to its territorial body in the Russian language - the state language of the Russian Federation (Law of the RSFSR No. 1807-1 of October 25, 1991 on the Languages of the Peoples of the RSFSR - Vedomosti Syezda Narodnykh Deputatov i Verkhovnogo Soveta RSFSR, No. 50, 1991, Item 1740; Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 31, 1998, Item 3804).

7. The documents coming in from the organizations and institutions of foreign states participants in the 1961 Hague Convention joined by the Russian Federation in 1992, unless otherwise stipulated in the treaties and agreements of the Russian Federation with foreign states shall be accepted for consideration if they bear the special stamp apostille (testimony) certifying the authenticity of the signature, the capacity, in which the person who signed the document has acted, and the authenticity of the seal or of the stamp applied on this document.

The official documents and acts coming in from the organizations and institutions of foreign states which are not participants in the 1961 Hague Convention, unless otherwise established in the currently operating treaties and agreements of the Russian Federation with foreign states shall be accepted for consideration if they have passed the consular legalization effected by the consular institutions of the Russian Federation abroad and by the Consular Board of the Ministry of Foreign Affairs of the Russian Federation.

The official documents and acts coming in from the countries of the Commonwealth of Independent States shall be accepted for consideration without the special certificate if such documents and acts have been compiled and attested by the institution or by the specially authorized person within the scope of their competence in accordance with the established form and have been certified by the official seal (the Minsk Convention on Legal Assistance and on Legal Relations in Civil, Family and Criminal Cases, signed by the Russian Federation in 1993).

III. Procedure for the Consideration of Applications for the State Registration of Religious Organizations

8. An application for the state registration and the constituent documents of religious organizations shall be submitted to the Ministry of Justice of the Russian Federation or to its territorial body by the founder (the founders) of the religious organization or by the specially authorized persons directly, or they shall be mailed with a notification and with an inventory of the enclosure.

9. The documents coming in for state registration of religious organizations shall be recorded in the established order and handed over to the executor. Seen as the date of the presentation of the constituent documents shall be the date of their arrival at the Ministry of Justice of the Russian Federation or at its territorial bodies, and also the date of their registration at the arrival, if the documents have been mailed.

10. In conformity with Item 9 of Article 11 of the Law, if the applicant (the applicants) fails (fail) to satisfy the demands stipulated in the Law, the Ministry of Justice of the Russian Federation or its territorial bodies have the right to leave the application without consideration with notification of the applicant (the applicants) to this effect.

11. In accordance with Item 8 of Article 11 of the Law, the application for the state registration of a religious organization which is created by the centralized religious organization or on the ground of the confirmation issued by the centralized religious organization, shall be considered within a month's term as from the day of the presentation of all the necessary documents. In other cases, the Ministry of Justice of the Russian Federation or its territorial bodies have the right to prolong the time term for the consideration of the documents up to six months for carrying out the state religious expertise, the procedure for the performance of which is approved by Decision of the Government of the Russian Federation No. 565 of June 3, 1998 on the Procedure for Carrying Out State Religious Expertise (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 23, 1998, Item 2560).

12. In accordance with the results of the consideration of the application, the Ministry of Justice of the Russian Federation or its territorial bodies shall adopt the decision on the state registration of the religious organization, or on the refusal in its state registration.

13. The decision on the state registration of the religious organization shall be formalized as the conclusion and shall be declared either in the Order of the Ministry of Justice of the Russian Federation or in the decision of the authorized official person of the Ministry of Justice of the Russian Federation or of its territorial body.

14. After taking the decision on the state registration of the legal entity (of the religious organization), the Ministry of Justice of the Russian Federation or its territorial bodies shall submit to the territorial bodies of the Ministry of Taxation of the Russian Federation one copy each of the documents envisaged in Articles 12, 14, 17 and 21 of the Federal Law on the State Registration of Legal Entities for makingan entry into the state register, with an accompanying letter made out in accordance with Appendix 1 to the Regulations on the Procedure for the Interaction of the Federal Body of Justice with the Federal Executive Power Body Authorized to Carry Out the State Registration of Legal Entities approved by Decision of the Government of the Russian Federation No. 442 of June 19, 2002.

15. On the grounds of the decision on the state registration, to the religious organization shall be awarded the number of the departmental register kept by the Ministry of Justice of the Russian Federation or by its territorial bodies.

After receiving the documents from the authorized body on making an entry on the religious organization into the Uniform State Register of Legal Entities, the Ministry of Justice of the Russian Federation or its territorial bodies shall issue the certificate of an established-form on the state registration of the religious organization legal entity.

16. In case of refusal of state registration of the religious organization, the applicant (applicants) shall be informed about the adopted decision in writing, with an indication of the reasons behind the refusal. The refusal for the motives of the inexpediency of the creation of the religious organization is inadmissible.

In case of refusal, the documents submitted for state registration shall be returned to the religious organization on the grounds of its application. In this case, in the Ministry of Justice of the Russian Federation or in its territorial body shall be left the copies of all the documents which have been obtained in the file as at the moment of the refusal of state registration.

The state duty paid for state registration shall be returned in accordance with the procedure established in Item 5 of Article 6 of Law of the Russian Federation No. 226-FZ of December 31, 1995 on the State Duty (Sobranie Zakonodatelstva Rossiyskoy Federatsii, No. 1, 1996, Item 19).

17. The refusal of the Ministry of Justice of the Russian Federation or of its territorial body of state registration, as well as the avoidance of such registration, may be appealed against in court.

18. The amendments and addenda introduced into the Rules of the religious organization are subject to state registration, which shall be carried out in accordance with the same procedure as for the state registration of religious organizations.

19. In the instances of the state registration of the amendments and addenda, to the religious organization shall be issued a new certificate on the state registration with the former numbers of the departmental register of the Ministry of Justice of the Russian Federation or of its territorial body and of the basic state registration number. The earlier issued certificate on state registration and the Rules shall be cancelled and returned to the body which has taken the decision on the state registration of the legal entity.

20. The religious organization is obliged to inform the body which has taken the decision on its state registration about the alteration of the information mentioned in Item 1 of Article 5 of the Federal Law on the State Registration of Legal Entities, with the exception of information on the obtained licences, in the course of three days as from the moment of such alterations being made.

The Ministry of Justice of the Russian Federation or its territorial bodies are obliged to inform the territorial body of the Ministry of Taxation of the Russian Federation about receiving the corresponding information from the religious organization not later than one working day as from the day of their receipt.

A repeated failure of the religious organization to present within the established term renewed information necessary for entering the alterations into the Uniform State Register of Legal Entities is seen as the grounds for the body which has adopted the decision on the state registration of the religious organization to apply to court with the demand to recognize the given organization as having stopped its activity as a legal entity or to remove it from the Uniform State Register of Legal Entities.

21. In accordance with Item 9 of Article 8 of the Law, the religious organization is obliged to annually inform the Ministry of Justice of the Russian Federation or its territorial bodies about the continuation of its activity.

The above-said information on the local religious organizations may be presented to the Ministry of Justice of the Russian Federation or to its territorial bodies by the corresponding centralized religious organization in accordance with the procedure established by the Law.

IV. Repeal of the Act on the State Registration of a Religious Organization

22. In conformity with Item 1 of Article 14 of the Law, the religious organization may be liquidated:

    - by the decision of the founders or of the body who (which) are authorized for this by the Rules of the religious organization;

    - by the decision of the court in the law-established cases.

23. When the religious organization is liquidated, the Ministry of Justice of the Russian Federation or its territorial body shall issue an Order on the removal of the religious organization from the Uniform State Register of Legal Entities and shall forward the corresponding information and documents to the authorized registering body for making an entry on its liquidation as a legal entity in the Uniform State Register of Legal Entities.

V. Consideration of Applications for the Issue of the Duplicates of Documents

24. If the originals of the certificate on the state registration of the religious organization with the confirmation of the fact of the entry being made into the Uniform State Register of Legal Entities, or of the Rules of the religious organization are lost, the body taking the decision on the state registration may issue a duplicate thereof.

25. For the issue of the duplicates of the certificate on the state registration of the religious organization and (or) of the Rules of the religious organization, the following documents shall be submitted to the body taking the decision on the state registration:

    - an application signed by the head of the religious organization;

    - the decision of the leading body of the religious organization on the fact of the loss of the originals of the documents;

    - the materials of the check-up, the acts, reference notes and other documents confirming the fact of the loss of the original of the said documents.

26. An application for the issue of the duplicates of the certificate on the state registration of the religious organization and of the Rules shall be considered by the body taking the decision on state registration, within a month's term.

In accordance with the results of the consideration of the application, the corresponding conclusion shall be compiled.

27. At an application may be adopted the decisions - either on the issue of the duplicates of the documents, or on the refusal of their issue. The decision on the issue of the duplicates of the documents shall be declared in the order of the body taking the decision on the state registration, or in the decision of the authorized person of the Ministry of Justice of the Russian Federation or of the authorized person of the territorial body of the Ministry of Justice of the Russian Federation.

In case of the refusal in the issue of the duplicates of the documents, the applicant shall be informed about this in writing, with an indication of the grounds for the refusal.

28. In formalizing the duplicates of the registration documents, on their right side shall be made a note, Duplicate. A copy of the issued duplicate of the document and the materials which have served as a ground for the issue thereof shall be enclosed to the file of the religious organization.

VI. Formalization and Storage of the Materials on the State Registration of Religious Organizations

29. The Ministry of Justice of the Russian Federation and its territorial bodies shall keep a departmental register of religious organizations to provide for the discharge of the functions imposed upon them by the currently operating legislation.

30. Into the departmental register files shall be put all the correspondence on the given religious organization, the reference notes on the verification of its constituent activity, the annual information on the continuation of its activity and the other materials concerning this religious organization.

The sheets of the registration file shall be enumerated, tied together and put into the file with an internal inventory of the documents contained in it.

31. The departmental files shall be kept at the Ministry of Justice of the Russian Federation or at its territorial body and shall be seen as documents of permanent storage.


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