The creation of consumer societies and cooperatives in Russia is regulated by Law 3085-1. It prescribes legal norms in the activities of such formations and defines the following tasks:

• the formation and functioning of trade organizations to provide consumer communities with the necessary goods and services;
• procurement of agricultural products from individuals and legal entities for its further processing;
• production of food and non-food products and their sale through retail organizations;
• production and household services to members of cooperatives;
• informing and propaganda of ideas and principles of cooperation.

This legal act guarantees state support for consumer organizations and provides a legal basis for their functioning along with other legislative acts of the Russian Federation.

Description of the Consumer Cooperation Law

Law "On consumer cooperation(consumer societies, their unions) in the Russian Federation” approved June 19, 1992. Since its entry into force, the document has been finalized and optimized in accordance with current legislation. Last changes were introduced into the wording of the Law on Cooperation on July 2, 2013.

The structure of the document is divided into the following chapters:

• general provisions;
• the procedure for the formation of a consumer society;
• membership in a cooperative;
• management bodies of the organization;
• property of a consumer society;
• basics of activity and functioning;
• reorganization and liquidation procedure;
• union of consumer societies.

The general provisions of the Law on Cooperation provide the basic concepts and definitions of legislation in this area. The interaction of the state and the system of consumer communities, as well as the features of their activities, are prescribed. To create such cooperation, the law defines the following principles:

• voluntariness of entry and exit from the organization;
• obligation to pay entrance and share fees;
• democratic management and mutual assistance of shareholders;
• limited payments in society;
• free access to information about the functioning of the organization for all its members;
• focusing on raising the cultural level of shareholders.

Creation order this organization is based on certain requirements:

• the founders of such a society can be citizens from 16 years old, for the creation it is required from 5 individuals or from three legal entities;
• the decision to establish cooperation is based on the provisions of this law;
• a constituent assembly is formed, which determines the charter of the company, the list of shareholders, organizes the management and control bodies, all decisions are drawn up in a protocol;
• The organization is registered with the state.

Chapter 3 of Law 3085-1 governs membership in cooperation. The procedure for accepting new shareholders, their rights and obligations is prescribed. The procedure for leaving the cooperative and the return of the share contribution is determined.

The law on cooperation regulates the functioning governing bodies and their structure. The powers of the general meeting of shareholders, as well as the decision-making procedure, are taken into account. The activities of the council and board of cooperation, the powers and responsibilities of the audit commission are regulated.

Chapter 5 of Law 3085-1 defines cooperative property and his sources. The size of the share contribution and the formation of the fund of the consumer society are regulated. It takes into account the receipt of income and their distribution, as well as the property liability of the members of the organization.

Union of Consumer Cooperatives in accordance with the provisions of the law, it is formed according to the following requirements:

• the basic principles of the creation and functioning of the union;
• formation procedure, documents;
• property, management and control bodies of the association;
• powers of the general meeting of representatives of cooperation, decision-making procedure;
• council and board of the association, audit commission;
• reorganization and abolition of the union, termination of membership.

AT transitional provisions This legal act includes provisions on the procedure for bringing the documentation of operating companies. It must be duly executed no later than 12 months from the date of approval of this legal act.

Recent Changes Made to Law 3085-1

The latest amendments to the Law on Cooperation were introduced July 2, 2013. The amendments made adjustments to the wording of the following provisions:

• in paragraph 1 article 11 in the eighth paragraph, the wording " education, training' shortened to ' qualification", in the 9th paragraph of the words" to study in educational institutions» are replaced by the wording « for training in educational organizations»;
• in n 4 article 21 and in p 3 article 33 « institutions» replaced by « organizations».

The text of the law on consumer cooperation

You can download Law 3085-1 "On consumer cooperation (consumer societies, their unions) in the Russian Federation" at

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LAW RF dated 19-06-92 3085-1 ON CONSUMER COOPERATION IN THE RUSSIAN FEDERATION (2017) Relevant in 2017

Article 4. Consumer society

1. A consumer society is a legal entity. Consumer societies can be rural, settlement, district, city and any others.

2. The supreme body of the consumer society is the general meeting of shareholders (or authorized persons), which adopts the charter, if necessary, makes changes and additions to it, determines the amount of entrance and share fees, elects the administrative and supervisory bodies of the consumer society, hears reports on their activities, establishes funds for their maintenance, decides on the creation of unions of associations and other associations (unions, associations and other associations of consumer societies - hereinafter referred to as "unions"), on joining and leaving them, on the rights delegated to unions, as well as other issues related to to its competence by this Law and the charter of the company.

The decision of the general meeting of shareholders (their authorized representatives) is considered valid if more than 50 percent of all shareholders voted for it. Authorized persons may be allowed to vote if they have a power of attorney from the shareholders. Elections of administrative and control bodies of consumer societies are carried out by secret ballot.

3. The activities of a consumer society are terminated by decision of the general meeting of shareholders (or authorized persons).

Upon termination of activity (liquidation) of a consumer society, the procedure for using its property remaining after paying taxes, fulfilling obligations to banks and other creditors, paying share contributions to shareholders, dividends on them, is determined by the general meeting of shareholders (or authorized persons).

4. Consumer societies, by decision of the shareholders, may unite into unions, associations and other associations, have the right to freely withdraw from them with the receipt of their share of the property and the part of the property corresponding to the share contribution, incremented during the joint activity.

The decision on joining or withdrawing from the union is made at the general meeting of shareholders (or representatives) by secret ballot, if more than 50 percent of the shareholders (their representatives) voted for it.

The Union of Consumer Societies is a legal entity that acts on the basis of its charter in accordance with the rights delegated to it by consumer societies. He is not responsible for the obligations of consumer societies and is not endowed with respect to them with organizational, administrative and

Commentary on Article 123.2

1. The commented article proposes general provisions governing the organization and activities consumer cooperatives. Features of certain types of consumer cooperatives, their creation and functioning, as well as the rights and obligations of their members are determined by laws on consumer cooperatives.

Currently, the Law of the Russian Federation of June 19, 1992 N 3085-1 “On consumer cooperation (consumer societies, their unions) in the Russian Federation” is in force<1>, Federal Laws of December 8, 1995 N 193-FZ “On Agricultural Cooperation”, of April 15, 1998 N 66-FZ “On Horticultural, Gardening and Dacha Non-Commercial Associations of Citizens”<2>, dated July 18, 2009 N 190-FZ "On credit cooperation"<3>and sec. V "Housing and housing construction cooperatives" of the Housing Code of the Russian Federation. We believe that in relation to garage cooperatives, along with the commented article, one should be guided by certain provisions of the USSR Law of May 26, 1988 N 8998-XI "On Cooperation in the USSR"<4>.

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<1>Russian newspaper. 06/19/1992. N 139.

<2>Collection of legislation of the Russian Federation. 1998. N 16. Art. 1801.

<3>Collection of legislation of the Russian Federation. 2009. N 29. Art. 3627.

<4>Vedomosti of the Supreme Soviet of the USSR. 1988. N 22. Art. 355.

Thus, we see that, in fact, with regard to one organizational and legal form of a non-profit organization - consumer cooperatives - there are several federal laws which largely overlap. We believe that the commented article and Art. 123.3 of the Civil Code of the Russian Federation will bring more clarity to the legislation on consumer cooperatives.

1. To meet material and other needs, citizens and legal entities have the right to create a non-profit organization in the form of a consumer cooperative. Like other organizations, a cooperative acquires the status of a legal entity from the moment of state registration, from the same moment the founders of a consumer cooperative become its members.

The charter of a consumer cooperative must specify:

- the name indicating the main purpose of its activity, as well as the word "cooperative", for example: "North-Western Housing and Construction Cooperative" or "Strawberry Garden Cooperative";

- the location of the cooperative, which is determined by the place of its state registration;

- the procedure for managing the activities of a consumer cooperative;

- the subject and goals of the cooperative;

- the procedure for becoming members of the cooperative;

- the procedure for leaving the cooperative and issuing a share contribution, other payments;

- the amount of entrance and share contributions;

- the composition and procedure for making entrance and share contributions;

- liability for violation of obligations to make share contributions;

- the composition and competence of the management bodies of the cooperative and the bodies of control over the activities of the cooperative, the procedure for their decision-making, including on issues, decisions on which are taken unanimously or by a qualified majority of votes;

- the procedure for covering the losses incurred by the members of the cooperative;

— procedure for reorganization and liquidation of the cooperative.

In addition, the charter may include other provisions that do not contradict the law and are related to the specifics of the activities of a particular cooperative.

Along with the current legislation, the charter of a consumer cooperative serves as a legal basis that ensures the participation of the cooperative in civil, administrative, land and other legal relations. The norms of the charter are obligatory for the regulation of intra-cooperative relations. In the event of disputes in these relations, law enforcement authorities are based both on the provisions of legislative acts and on the charter of the consumer cooperative.

Consumer cooperatives acquire civil rights and assume civil obligations through their bodies.

1. The commented article indicates that both citizens and legal entities can be members of cooperatives. It is important to note that one member of the cooperative has only one vote, regardless of the size of the share contribution.

Of course, legal entities act as members of consumer cooperatives rather as an exception due to the absence of consumer needs in a legal entity (they may be among shareholders, comrades, members, etc.). Yes, Art. 111 of the Housing Code of the Russian Federation indicates the possibility of a legal entity to join a housing or housing-construction cooperative.

Citizens can be members of a consumer cooperative upon reaching the age of 16 (Article 26 of the Civil Code). There are no restrictions on citizenship in the legislation on consumer cooperation.

A person (natural or legal) may become a member of an existing consumer cooperative on the basis of a decision of the general meeting of members of the cooperative or a body authorized by him, subject to the payment of entrance and share fees (in some cases, part of the share is allowed).

Unlike the legislation that was in force before the entry into force of part one of the Civil Code of the Russian Federation, modern legislation allows a person to be a member of several cooperatives, including homogeneous ones (for example, three horticultural and (or) two housing cooperatives).

1. The share contribution of members of the cooperative is property (as a rule, monetary); the amount of such contributions forms the share fund of the cooperative, which is determined by the general meeting.
2. The management of a consumer cooperative is carried out by the general meeting of the cooperative (in the case a large number members, a conference is convened), the board, the chairman of the cooperative (chairman of the board). In a consumer society, a society council is also elected.

To exercise control over the financial and economic activities of the consumer cooperative, the general meeting elects an audit commission (auditor).

The charter of a particular consumer cooperative may provide for other bodies along with those listed.

1. The convocation of a general meeting (conference) is carried out by members of the consumer cooperative or its bodies. Regular meetings are convened at the frequency specified in the charter (at least once every two years or once a year).

If it is necessary to solve urgent problems, an extraordinary general meeting (conference) is convened. Depending on the content of the charter, the board, the audit commission, a certain number of members of the cooperative (as a rule, 1/3 of the members) have the right to demand such a convocation.

The general meeting (conference) is authorized to make a decision if more than 50% of the members of the cooperative are present at it. The decision is taken by a majority of those present and recorded in minutes.

1. To ensure the fulfillment of statutory tasks and for the purpose of carrying out current work, as well as to organize the implementation of decisions made, the general meeting (conference) elects an executive and administrative body from among the members of the cooperative - the board. The charter of the cooperative determines the term of the board, which, apparently, should not be less than two and more than five years. According to paragraph 4 of Art. 14 of the Law on Cooperation in the USSR, the board of the cooperative manages the current activities of the cooperative and makes decisions on issues that do not fall within the exclusive competence of the general meeting (meeting of representatives). If the cooperative unites a small number of members, then the functions of the board can be performed by the chairman of the cooperative.

Formulating the responsibilities of the board, the statutes of most cooperatives indicate the following: receipt of entrance and share fees established by the general meeting from members of the cooperative; preparation of plans, estimates and reports; cooperative management; hiring and firing workers; conclusion of contracts; issuing obligations to banking organizations to repay a loan and making other transactions on behalf of the cooperative, as well as a number of other obligations. It should be noted that the obligations specified in the charter should not contradict the current legislation.

The board is convened by the chairman at least the number of times specified in the charter in a specific period, usually at least once a month.

The Board, within its competence, makes decisions that are binding on all members of the cooperative, as well as persons working in the cooperative under labor contracts. Decisions of the board can only be canceled by the general meeting (conference) of the cooperative. The Board at least once a year reports to the supreme management body of the cooperative. It must be assumed that the general meeting (conference) has the right to demand an account from an individual member of the board.

1. The chairman, who is elected at a meeting of the supreme management body or executive and administrative body, directs the activities of the members of the board of the cooperative.

The chairman of the board (chairman) of the cooperative ensures the implementation of the decisions of the general meeting (conference) and the board, represents the cooperative in relations with state bodies, organizations, concludes contracts, performs other actions.

1. The audit commission (auditor) of the cooperative is the control body of the cooperative. The audit commission is elected at the general meeting (conference), as a rule, for the same term as the board. The responsibility of the audit commission includes checking the economic and financial activities of the board of the cooperative.

Members of the audit commission cannot simultaneously be members of the board of the cooperative - this means that the audit commission (auditor) is independent of the board and its chairman. The commission reports only to the general meeting (conference) after scheduled and unscheduled audits, submits an opinion on the budget of the cooperative and the annual report, and reports on its activities.

1. Paragraph 3 of the commented article establishes restrictions on the possibility of transforming a consumer cooperative.

Housing and housing construction cooperatives, where members pay share contributions, become owners of residential and non-residential premises, as well as the adjacent territory, respectively, they lose share relations. Such a cooperative can be transformed into a homeowners association.

In paragraph 4 of Art. 218 of the Civil Code of the Russian Federation indicates the emergence of ownership along with members of housing and housing cooperatives who have fully paid the share contribution, at least members of dacha and garage cooperatives (the list is non-exhaustive). We believe that such cooperatives can also be transformed into associations of property owners.

As for other consumer cooperatives, they can be transformed into a public organization, association (union), autonomous non-profit organization or foundation.

Consumer cooperation involves the voluntary association of individuals and legal entities on the basis of membership. Its purpose is to satisfy the needs of subjects in services and goods. The initial property of such associations is formed from share contributions. Let us consider further how the development of consumer cooperation took place.

Origin

The history of consumer cooperation began in the 19th century. Great Britain was the birthplace of the first associations. At that time, consumer cooperation enterprises were opened by philanthropists. They sought to improve working conditions and the situation of workers. From 1820-1830 The working people themselves became the owners of cooperative shops, bakeries and mills. The associations that were created made it possible to purchase products at reduced prices. In 1844, English weavers opened a cooperative, the principles of formation of which became the basis for subsequent enterprises in this category. These fundamentals include the following:

1. Small contributions.
2. Equality among all cooperators and the presence of one vote for each.
3. Limited number of shares for each member of the association.
4. Products are sold at moderate market prices and for cash.
5. The cost of goods is the same for everyone (including those who are not included in the union).

Organizations of consumer cooperation in the USSR

In Soviet times, trade and procurement associations became widespread. Agricultural consumer cooperation that existed in the USSR solved a number of urgent problems. Among them, in particular, there were questions on:

1. Implementations. Retail trade in rural areas was carried out mainly through consumer cooperation.
2. Procurement. The formed associations purchased materials and raw materials, wild mushrooms, berries and fruits, medicinal herbs from state farms, collective farms, and the population.
3. production. The system of consumer cooperation contributed to the development of the food industry (based on local agricultural products) and the production of non-food products (from agricultural and other local raw materials).

By 1990, associations served about 40% of the population. Their members were about 30 million people. The share of associations accounted for 1/4 of the retail trade turnover, about 1/2 of potato procurement, 1/3 of vegetable purchases, and more than a third of bread products. Today, there are about 20-25 consumer cooperatives operating in the country.

Foundations of modern associations

Russian consumer cooperation today is a diversified socio-economic structure. The purpose of its functioning is the satisfaction of individual, social and other needs of the members-shareholders in services and goods. In addition, consumer cooperation in Russia serves the financial interests of the producers of products united in it. At the same time, a certain benefit is achieved for the rest of the participants.

Features of consumer cooperation

One of the distinguishing features of the structure under consideration is a specific combination of social and economic functions. It is from this complex that the features of the formation and improvement of forms of cooperation come. The management structure combines two principles. One of them - the organizational and legal form acts as a legalized basis for the association of an economic entity that has the rights of a legal entity. He carries out the production and sale of services and goods, using the property assigned to him. The second beginning is formed by sequentially subordinate and working in parallel management bodies. The activity of the structure is regulated by the Law "On consumer cooperation".

Structural specificity

Consumer cooperation includes the following management schemes:

1. In the structure "union-union".
2. Within society.
3. In the "association-union" system.

The organizational form acts as a constructive element that:

social status

Characterized by the above distinctive features, consumer cooperation has a certain degree of originality. Each association is a non-profit structure that performs public tasks. At the same time, the enterprise plans its economic activity on the basis of a cooperative ideology, values ​​and principles, which determines its potential and advantages in relation to other market entities.

Acting as a non-profit association, the association consolidates and fixes the scope of economic interactions between the administration and shareholders on the implementation of common property objects. Along with this, consumer cooperation establishes the procedure for the implementation of the relationship with the external environment. It includes, in particular, municipal power structures and the state. This interaction is provided through insurance and financial companies, the tax service, and so on. In this regard, consumer cooperation is considered as the only structure that closely integrates the state interest with social groups.

Structure elements

Normative acts on consumer cooperation in the Russian Federation characterize it as a complex of societies and unions formed to meet the material and other needs of their participants. In this regard, the following elements are distinguished:

self-organization

The systemic nature of consumer cooperation allows us to formulate its main properties. They, in fact, constitute the content of the social and economic functions of the structure. One of these properties is self-organization. It is the main way to form cooperatives of any kind. Self-organization is based on the initiative and own funds of citizens, which they unite voluntarily to resolve pressing issues. It is this mechanism that makes it possible to concentrate and introduce unused reserves into economic circulation at the national, regional and local levels in order to quickly meet the current needs of the population and the shareholders themselves.

Structurality

The system property suggests that certain forms of consumer associations (societies and their unions) interact in a certain way with each other. This interconnection is ensured by maintaining vertical levels of management and power, communication channels and a mechanism for solving problems. This makes it possible to analyze the activities of various structural elements of cooperation, for example, regarding the production of goods, total labor resources, the implementation of unified strategic plans, and so on.

The specifics of societies

The consumer association is a voluntary structure. It is formed by citizens and legal entities on a territorial basis on the basis of membership. The Company combines property share contributions for the implementation of production, procurement, trade and other activities to meet the needs of participants of a material nature. This definition reflects the following specific features of associations:

Classification

Consumer societies are divided according to:

1. Territorial sign on:

• general store;
• gorpo;
• ripo.

2. The professional or social composition of the participants for:

• workers' cooperatives;
• fishing associations;
• student societies;
• student associations.

Consumer societies are considered the primary building blocks. They bring participants together and form larger elements. Simply put, if there are no consumer societies, there will be no unions, and, consequently, no cooperation itself. The complex of associations of different levels ensures a more stable legal position in the country as a whole and in the region in particular. The socio-economic activity of societies that are members of unions is better organized and secured within the market.

Structural levels

The organizational structure of consumer cooperation is based on the principle of administrative-territorial division in the country. Each association or group of associations is located on one or another vertical level. The first is formed by consumer societies acting as voluntary associations of individuals (rarely legal entities) in one or more settlements (gorpo, selpo). At the next level are regional unions. They are formed by associations of societies on the territory of certain areas.

At the third level there are republican, regional, regional unions. The fourth step is the voluntary association of all the societies of the country. It is represented by the Central Union. The transition from a four- to a three-level structure contributes to a decrease in the number of companies and their enlargement. This, in turn, simplifies the manageability of the entire system. Most of the district unions and associations present in them have been transformed into raipo. The main advantage of creating district societies is the concentration of capital. This helps to strengthen the position of associations. Raipo today act as large competitive structures operating in the market.

Society members

Consumer associations and their unions as legal entities have specific control bodies and management apparatus. Depending on the number of participants and territorial location, there are:

1. Companies without plots. Such small associations are formed when the number of shareholders is small and all of them can be attracted to participate in general meetings.
2. Companies with plots. Such associations are created if the participants live in several localities, and the total number of members is large enough.

It should be noted that the Law "On Consumer Cooperation" does not set limits on the number of shareholders. So, a society can consist of both several hundred and thousands of participants. To date, large associations predominate. In such societies, it is impossible to convene a general meeting. In this regard, cooperative sites are formed to ensure the participation of all members in decision-making. The highest governing body in such associations is the meeting of shareholders from each locality. A village, several (or one) settlements, a city street or other territorial structure, which consists of no more than 300 people, can act as a cooperative site.

Bodies of control and management

A consumer society without plots is characterized by the following administrative system:

1. The supreme governing body is represented by a meeting of shareholders. It is convened at least once a year.
2. The representative body is the council. He is elected at the general meeting. The council performs a governing function between meetings.
3. The executive body is the board. It is appointed by the board and acts as a professional management structure. Its tasks include managing the financial and economic activities of the association.
4. The controlling body is the audit commission. She is elected at the general meeting. Its tasks include ensuring control over compliance with the statutory provisions of the association, the implementation of economic and financial activities.

Consumer society with plots includes:

The difference between these structures is that in the first case, the administrative and supervisory divisions directly include all shareholders of one company, and in the second - representatives from each section of this association. Management in consumer cooperation organizations is carried out by self-government bodies (councils, meetings, audit commissions) and professional management (board). Such a structure ensures high-quality administration of companies and allows each shareholder to exercise the right to participate in decision-making and control over their implementation.