Federal law on cooperatives in the Russian Federation. Consumer cooperation: history, features. Law on consumer cooperation

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's take a look at how the development consumer cooperation.

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.

"On consumer cooperation (consumer societies, their unions) in the Russian Federation"

Edition of 07/02/2013 - Valid from 09/01/2013

RUSSIAN FEDERATION

LAW

ON CONSUMER COOPERATION (CONSUMER SOCIETIES, THEIR UNIONS) IN THE RUSSIAN FEDERATION

This Law defines the legal, economic and social foundations for the creation and operation of consumer societies and their unions that make up the consumer cooperation of the Russian Federation.

The main tasks of consumer cooperation in the Russian Federation are:

creation and development of trade organizations to provide members of consumer societies with goods;

purchase from citizens and legal entities of agricultural products and raw materials, products and products of personal subsidiary plots and crafts, wild fruits, berries and mushrooms, medicinal and technical raw materials with their subsequent processing and sale;

production of food products and non-food products with their subsequent sale through retail organizations;

provision of production and household services to members of consumer societies.

promotion of cooperative ideas based on international principles of cooperation, bringing them to every shareholder of all consumer societies, including through the media.

This Law guarantees consumer societies and their unions, taking into account their social significance, as well as citizens and legal entities creating these consumer societies and their unions, state support.

Relations arising in the field of creation and activities of consumer societies and their unions are regulated by the Civil Code of the Russian Federation, this Law, other laws and other regulatory legal acts of the Russian Federation.

Chapter I. General Provisions

Article 1. Basic concepts

For the purposes of this Law, the following basic concepts are used:

consumer cooperation - a system of consumer cooperation organizations created in order to meet the material and other needs of their members; (in ed. federal law dated 04/23/2012 N 37-FZ)

consumer society - a voluntary association of citizens and (or) legal entities, created, as a rule, on a territorial basis, on the basis of membership by combining its members with property shares for trade, procurement, production and other activities in order to meet the material and other needs of its members ;

district, district, regional, regional, republican, central union of consumer societies (hereinafter also referred to as the union) - a voluntary association of consumer societies based on decisions of general meetings of consumer societies; (as amended by Federal Law No. 37-FZ of April 23, 2012)

district union of consumer societies - the union of consumer societies of the region, created by consumer societies to coordinate their activities, ensure the protection of property and other rights of consumer societies and their members, represent their interests in state bodies and local governments, as well as to provide consumer societies with legal, information and other services. Decisions of the governing bodies of the union on issues specified in the charter of this union are binding on the consumer societies that are its members;

district, regional, regional or republican union of consumer societies (hereinafter also referred to as a regional union) - a voluntary association of consumer societies of an autonomous district, region, territory or republic and (or) district unions of consumer societies, created on a territorial basis in order to coordinate the activities of consumer societies and district unions of consumer societies, ensuring the protection of property and other rights of consumer societies and their members, district unions of consumer societies, representing their interests in state bodies and local governments, as well as for providing consumer societies and district unions of consumer societies with legal, informational and other services . Decisions of the governing bodies of the union on issues specified in the charter of this union are binding both for the consumer societies that are its members and for the relevant regional unions of consumer societies; (as amended by Federal Law No. 37-FZ of April 23, 2012)

the central union of consumer societies of Russia (hereinafter also referred to as the central union) is a voluntary association of consumer societies and (or) regional unions of more than half of the constituent entities of the Russian Federation, which, in accordance with the established procedure, has received the right to use the word "Russia" in its name and was created to coordinate the activities of consumer societies , unions of consumer societies, ensuring the protection of property and other rights of consumer societies and their members, unions of consumer societies, representing the interests of consumer societies, unions of consumer societies in state bodies, local governments and international organizations, as well as for providing consumer societies and their unions with legal , information and other services. Decisions of the governing bodies of the central union of consumer societies of Russia on issues defined by the charter of the central union are binding both for its members - consumer societies and regional unions, and for the district unions of consumer societies and regional unions created by members of the central union - consumer societies; (as amended by Federal Law No. 37-FZ of April 23, 2012)

consumer cooperation organizations - consumer societies, unions of consumer societies, as well as institutions, business companies and other legal entities, the sole founders of which are consumer societies or unions;

control and revision department of the union - a structural subdivision of the union of consumer societies, carrying out inspections of the activities of consumer cooperation organizations in accordance with the decisions of the board of the union;

shareholder, member of a consumer society - a citizen, a legal entity who has made entrance and share contributions and accepted into a consumer society in the manner prescribed by the charter of a consumer society; (as amended by Federal Law No. 37-FZ of April 23, 2012)

cooperative plot - a plot (part of a consumer society) in which a certain number of shareholders are united and which can be created, as a rule, on a territorial basis, determined by the charter of the consumer society;

authorized representative of a consumer society - a shareholder elected at a meeting of shareholders of a cooperative sector and empowered to resolve issues at a general meeting of authorized representatives of a consumer society. He is a link between the consumer society and shareholders, organizes the activities of the consumer society in the cooperative area. The norm of representation of the authorized representatives of the consumer society, as well as their rights and obligations are determined by the charter of the consumer society;

the supreme body of the consumer society - the general meeting of the consumer society, which is held in the form of a general meeting of shareholders of the consumer society or in the form of a general meeting of authorized representatives of the consumer society;

representatives of a consumer society in unions of consumer societies - shareholders elected at a general meeting of a consumer society (unless otherwise provided by the charters of consumer societies and their unions) to participate in the work of general meetings of representatives of consumer societies of unions that include this consumer society;

Entry fee - a sum of money used to cover expenses. related to joining a consumer society:

share contribution - a property contribution of a shareholder to the share fund of a consumer society in cash, securities, a land plot or a land share, other property or property or other rights having a monetary value;

share fund - a fund consisting of share contributions made by shareholders when creating a consumer society or joining it and being one of the sources for the formation of property of a consumer society;

reserve fund - a fund that is intended to cover losses from extraordinary circumstances and the procedure for the formation and use of which is determined by the charter of a consumer society or union;

indivisible fund - a part of the property of a consumer society or union that is not subject to alienation or distribution among shareholders and the procedure for the formation and use of which is determined by the charter of the consumer society or union; (as amended by Federal Law No. 37-FZ of April 23, 2012)

participation in the economic activities of a consumer society - the purchase of goods in a consumer society, the use of the services of a consumer society, the supply of agricultural products and raw materials to a consumer society and (or) other participation in economic operations as a consumer or supplier;

cooperative payments - a part of the income of the consumer society, distributed among the shareholders in proportion to their participation in the economic activities of the consumer society or their share contributions, unless otherwise provided by the charter of the consumer society.

system of the central union - the central union, unions of consumer societies created by consumer societies - members of the central union, as well as organizations whose founders are the central union, members of the central union, unions created by consumer societies - members of the central union; (as amended by Federal Law No. 37-FZ of April 23, 2012)

contribution of a member of the union - a regular receipt of funds contributed by a member of the union to cover the expenses of the union and the implementation of the statutory activities of the union in the manner prescribed by the charter of the union; (as amended by Federal Law No. 37-FZ of April 23, 2012)

observer - an authorized person responsible for the implementation by the council of the union of consumer societies of the functions defined by this Law to protect the rights of shareholders of consumer societies and the interests of consumer societies. (as amended by Federal Law No. 37-FZ of April 23, 2012)

Article 2

This Law does not apply to consumer cooperatives operating on the basis of the Federal Law "On Agricultural Cooperation", as well as to other specialized consumer cooperatives (garage, housing construction, credit and others). In the names of these consumer cooperatives, the use of the words "consumer society", "union of consumer societies" is not allowed.

Article 3. The state and the system of consumer cooperation

1. State bodies and bodies of local self-government shall not have the right to interfere in the economic, financial and other activities of consumer societies and their unions, with the exception of cases provided for by the laws of the Russian Federation. The relationship of consumer societies, their unions and the relevant executive authorities are determined by agreements, an integral part of which should be a list of consumer cooperation organizations. Consumer societies and their unions independently develop programs for their economic and social development.

2. Acts of state bodies or acts of local governments. violating the rights of consumer societies, their unions, may be declared invalid in accordance with the procedure established by the legislation of the Russian Federation.

Losses caused to consumer societies, their unions as a result of illegal actions of state bodies, local self-government bodies and their officials shall be compensated in accordance with the procedure established by the legislation of the Russian Federation.

Article 4. Basic principles for the creation and operation of a consumer society

1. A consumer society is created at the expense of entrance and share contributions, carries out trade, procurement, production, intermediary and other types of activities.

2. A consumer society is created and operates on the basis of the following principles;

voluntariness of entry into the consumer society and exit from it;

obligatory payment of entrance and share fees;

democratic management of the consumer society (one shareholder - one vote, mandatory accountability to the general meeting of the consumer society of other governing bodies, control bodies, free participation of the shareholder in the elected bodies of the consumer society);

mutual assistance and provision of economic benefits to shareholders participating in the economic or other activities of the consumer society;

limits on the size of cooperative payments;

availability of information about the activities of the consumer society for all shareholders;

the widest involvement of women in participation in management and control bodies;

concerns about raising the cultural level of shareholders.

Article 5. Powers of a consumer society

A consumer society created in the form consumer cooperative, is a legal entity and has the following powers:

engage in activities aimed at meeting the needs of shareholders;

carry out entrepreneurial activity insofar as it serves to achieve the goals for which it was created;

have their own representative offices, branches, create business companies, institutions and exercise their rights in the manner prescribed by the legislation of the Russian Federation;

participate in business companies, cooperatives, be a contributor in limited partnerships;

create the consumer society funds provided for by this Law;

distribute income between shareholders in accordance with the charter of the consumer society;

attract borrowed funds from shareholders and other persons; (as amended by Federal Law No. 37-FZ of April 23, 2012)

carry out lending and advance payments to shareholders in accordance with the procedure established by the charter;

carry out foreign economic activity in the manner prescribed by the legislation of the Russian Federation;

appeal in court against acts of state bodies, acts of local governments, actions of their officials that violate the rights of the consumer society;

to exercise other rights of a legal entity necessary to achieve the goals provided for by the charter of the consumer society.

Article 6. Features of labor relations in consumer societies to their unions

1. Consumer societies and their unions independently hire employees and determine the conditions and amounts of remuneration for their work in accordance with the labor legislation of the Russian Federation, this Law and the charters of consumer societies and their unions.

2. Disciplinary sanctions (up to and including dismissal from their positions) on the chairmen of the councils of consumer societies and their unions, the chairmen of the audit commissions of consumer societies and their unions are imposed only by the bodies that elected these chairmen.

3. Elected officials of a consumer society who violate the rights of shareholders, this Law, charters, allow abuses that damage consumer cooperation and prevent inspections of the activities of consumer cooperation organizations may be removed from office, including with the suspension of payment of wages to them, councils unions, of which the given consumer society is a member, on the proposal of the boards of said unions.

Elected officials of the union of consumer societies who violate the rights of shareholders, this Law, charters, allow abuses that damage consumer cooperation and prevent inspections of the activities of consumer cooperation organizations may be removed from office, including with the suspension of payment of wages to them, by the councils of the unions , whose members are the union or consumer societies of the union, on the proposal of the boards of these unions. (as amended by Federal Law No. 37-FZ of April 23, 2012)

In such cases, the council of the union, which has made a decision to dismiss the elected official of the consumer society or the elected official of the union, is obliged to convene and hold a general meeting of the consumer society or a general meeting of representatives of the consumer societies of the union within 30 days from the date of such a decision. (as amended by Federal Law No. 37-FZ of April 23, 2012)

4. The board of the consumer society or the board of the union has the right, in accordance with the legislation of the Russian Federation, to remove from office those who violate the rights of shareholders, the charters and allow abuses that are detrimental to consumer cooperation organizations by the leaders of consumer cooperation organizations created by the consumer society or union.

5. Persons are appointed to the position of heads of consumer cooperation organizations established by consumer societies or unions for a period of up to five years in the manner prescribed by the legislation of the Russian Federation. In cases determined by the councils of consumer societies or councils of unions of consumer societies, persons who meet the qualification requirements determined by the said councils are appointed to this position.

Chapter II. Creation of a consumer society (as amended by Federal Law No. 37-FZ of April 23, 2012)

Article 7 (as amended by Federal Law No. 37-FZ of April 23, 2012)

1. Founders of a consumer society may be citizens who have reached the age of 16 and (or) legal entities. The number of founders should not be less than five citizens and (or) three legal entities.

2. The procedure for making decisions on the creation of a consumer society and on joining a union is determined by the founders of the consumer society in accordance with this Law. (as amended by Federal Law No. 37-FZ of April 23, 2012)

3. The decision to establish a consumer society is made by the constituent assembly, which approves the list of shareholders, the charter of the consumer society and the report on the expenditure of entrance fees. The Constituent Assembly elects the governing and control bodies: (as amended by Federal Law No. 37-FZ of April 23, 2012)

consumer society council, its chairman;

the audit commission of the consumer society;

other management bodies provided for by the charter of the consumer society.

4. The decision of the constituent assembly of the consumer society is drawn up in a protocol.

Article 8. State registration of a consumer society

A consumer society is considered established from the moment of its state registration in accordance with the procedure established by law. (as amended by Federal Law No. 31-FZ of March 21, 2002)

Article 9

1. The charter of a consumer society must define:

the name of the consumer society;

its location;

the subject and goals of the activity of the consumer society;

the procedure for the entry of shareholders into a consumer society;

the procedure for the exit of shareholders from the consumer society, including the procedure for issuing a share contribution and cooperative payments;

conditions on 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 and control bodies of the consumer society, 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 the shareholders to cover the losses incurred by the consumer society;

the procedure for reorganization and liquidation of the consumer society;

information about its branches and representative offices;

other information.

2. The charter of a consumer society may provide that for citizens who do not have independent earnings, as well as for citizens who receive only state benefits, pensions or stipends, the general meeting of the consumer society may establish a smaller share contribution than for other shareholders.

Chapter III. Membership in a consumer society

Article 10. Admission to a consumer society

1. A citizen or legal entity wishing to become a shareholder shall submit to the council of a consumer society an application in writing for admission to a consumer society. The citizen's application must indicate his last name, first name, patronymic, date of birth and place of residence. The application of a legal entity must indicate its name, location, state registration number of the entry on the state registration of the legal entity (main state registration number), taxpayer identification number and bank details. Citizens who do not have independent earnings, as well as receive state benefits, pensions or scholarships, report this in the application. (as amended by Federal Law No. 37-FZ of April 23, 2012)

2. An application for admission to a consumer society must be considered within 30 days by the council of the consumer society. The entrant is recognized as a shareholder if a decision is made on his admission to the consumer society from the moment of payment of the entrance fee, as well as the share fee or part thereof, established by the charter of the consumer society. (as amended by Federal Law No. 37-FZ of April 23, 2012)

3. Persons admitted to a consumer society and who have made entrance and share contributions receive a document certifying their membership.

Article 11

1. Shareholders of a consumer society have the right to:

join the consumer society and leave it on a voluntary basis;

participate in the activities of the consumer society, elect and be elected to management and control bodies, make proposals for improving the activities of the consumer society, eliminating shortcomings in the work of its bodies;

receive cooperative payments in accordance with the decision of the general meeting of the consumer society;

acquire (receive) goods (services) predominantly over other citizens in the organizations of trade and consumer services, carry out, on the basis of contracts, guaranteed sales of products and products of personal subsidiary plots and craft through organizations of the consumer society;

enjoy the benefits provided for shareholders by the general meeting of the consumer society. These benefits are provided at the expense of income received from the entrepreneurial activities of the consumer society;

hand over agricultural products and raw materials for processing to consumer society organizations as a matter of priority, including on a give-and-take basis;

to be accepted as a matter of priority to work in a consumer society in accordance with their qualifications and taking into account the need for employees; (as amended by Federal Law No. 185-FZ of July 2, 2013)

receive referrals for training in educational organizations of consumer cooperation; (as amended by Federal Law No. 185-FZ of July 2, 2013)

use social facilities on the terms determined by the general meeting of the consumer society;

receive information from the management and control bodies of the consumer society about their activities;

apply to the general meeting of the consumer society with complaints about the illegal actions of other management and control bodies of the consumer society;

appeal in court the decisions of the governing bodies of the consumer society that affect their interests.

2. The general meeting of a consumer society may also establish other rights of shareholders that do not contradict the legislation of the Russian Federation.

Article 12. Obligations of shareholders of a consumer society

Shareholders of a consumer company are obliged to:

comply with the charter of the consumer society, implement the decisions of the general meeting of the consumer society, other management and control bodies of the consumer society;

fulfill their obligations to the consumer society to participate in its economic activities.

Article 13. Termination of membership in a consumer society

1. Membership in a consumer society is terminated in the following cases:

voluntary exit of the shareholder;

shareholder exceptions:

liquidation of a legal entity that is a shareholder;

death of a citizen who is a shareholder;

liquidation of the consumer society.

2. The shareholder's application for voluntary withdrawal from the consumer society is considered by the council of the society. The exit of the shareholder is carried out in the manner prescribed by the charter of the consumer society.

3. A shareholder may be expelled from the consumer company by a decision of the general meeting of the consumer company if he fails to fulfill his obligations to the company without good reason, established by this Law or the charter of the consumer company, or commits actions that are detrimental to the company.

4. The shareholder must be notified in writing no later than 20 days in advance by the council of the consumer society of the reasons for bringing to the general meeting of the consumer society the issue of his exclusion from the consumer society and invited to the said general meeting, at which he should be given the right to express his opinion . In the absence of a shareholder without a valid reason at the general meeting of the consumer society, it has the right to decide on his exclusion from the consumer society.

5. In the event of the death of a shareholder, his heirs may be admitted to the consumer society, unless otherwise provided by the charter of the consumer society. Otherwise, the consumer society transfers to the heirs its share contribution and cooperative payments in the manner prescribed by Article 14 of this Law.

Article 14

1. A shareholder leaving or expelled from a consumer society shall be paid the cost of his share contribution and cooperative payments in the amount, within the timeframe and on the terms that are provided for by the charter of the consumer society at the time the shareholder joins the consumer society.

2. The charter of a consumer society may provide for the issuance of a share contribution in kind in cases where the share contribution was land or other immovable property.

3. To the heirs of a deceased shareholder, his share contribution and cooperative payments are transferred in the manner prescribed by the charter of the consumer society. The right to participate in general meetings of the consumer society and other rights of shareholders are not transferred to the specified heirs.

Chapter IV. Management bodies of the consumer society

Article 15

1. The consumer society is managed by the general meeting of the consumer society, the council and the board of the consumer society.

2. The supreme body of the consumer society is the general meeting of the consumer society.

3. During the period between the general meetings of the consumer society, the management in the consumer society is carried out by the council, which is a representative body.

4. The executive body of the consumer society is the board of the consumer society.

5. Control over compliance with the charter of the consumer society, its financial and economic activities. as well as the organizations and divisions created by him are carried out by the audit commission of the consumer society.

Article 16. Powers of the general meeting of shareholders of a consumer society

1. The general meeting of shareholders of a consumer company is authorized to resolve all issues related to the activities of a consumer company, including confirming or canceling

decisions of the council, the board of the consumer society.

2. The exclusive competence of the general meeting of shareholders of a consumer society includes:

adoption of the charter of the consumer society, introduction of amendments and additions to it;

determination of the main directions of the company's activity;

election of the chairman and members of the council, members of the audit commission of the consumer society and termination of their powers, hearing reports on their activities, determination of funds for their maintenance;

determination of the size of entrance and share contributions;

exclusion of shareholders from the consumer society;

resolving issues of creating unions, joining unions and leaving them;

election of representatives of consumer societies of the union;

development of orders to representatives of consumer societies of the union for adoption of decisions on them by general meetings of representatives of consumer societies of the union;

approval of consumer society development programs, its annual reports and balance sheets;

the procedure for distributing income from entrepreneurial activities of a consumer society between shareholders;

the procedure for covering losses incurred by the consumer society;

determination of the types, sizes and conditions for the formation of consumer society funds;

alienation of real estate of a consumer society; (as amended by Federal Law No. 37-FZ of April 23, 2012)

creation of economic companies;

making decisions on the reorganization and liquidation of the consumer society.

3. The charter of the consumer society may include other issues within the exclusive competence of the general meeting of shareholders of the consumer society.

4. Issues referred by this Law and the charter of the consumer society to the exclusive competence of the general meeting of shareholders of the consumer society cannot be transferred to them for decision by the council and board of the consumer society.

5. The procedure for convening a general meeting of shareholders of a consumer society is established by this Law and the charter of the consumer society. The representative of the union, of which the consumer society is a member, has the right to participate in the general meeting of shareholders of the consumer society with the right of an advisory vote. (as amended by Federal Law No. 37-FZ of April 23, 2012)

6. Not later than seven days before the day of the general meeting of shareholders of the consumer society, the council of the consumer society that convenes this meeting is obliged to notify in writing all the shareholders of the consumer society, as well as the unions of which the consumer society is a member, of the time, place of holding , the agenda of the general meeting of shareholders of the consumer society and submit materials on the issues under consideration. (as amended by Federal Law No. 37-FZ of April 23, 2012)

Article 17 General meeting of authorized consumer society

1. In cases where the shareholders of a consumer society are residents of several settlements and the number of shareholders is large, cooperative sections may be created in the consumer society, the supreme body of which is the meeting of shareholders of the cooperative section. At this meeting, issues of the activities of the consumer society and the cooperative section are considered, and authorized representatives are elected in the manner and according to the norms of representation determined by the charter of the consumer society. In such cases, a general meeting of authorized representatives of the consumer society is held in the consumer society.

2. The general meeting of authorized representatives of the consumer society has the right to decide all issues related to the powers of the general meeting of shareholders in accordance with Article 16 of this Law, with the exception of issues on the creation of unions, joining unions and leaving them, on the transformation of a consumer society into another organizational and legal form.

3. Questions on the creation of unions, joining and leaving unions, on the transformation of a consumer society into another organizational and legal form must be submitted to meetings of shareholders of all cooperative sections of the consumer society. The procedure for including these issues on the agenda of meetings of shareholders of cooperative plots, their consideration and summing up the results of voting is determined by the charter of the consumer society.

4. The charter of the consumer society may include other issues within the exclusive competence of the general meeting of authorized representatives of the consumer society.

5. Issues referred by this Law and the charter of the consumer society to the exclusive competence of the general meeting of authorized representatives of the consumer society cannot be transferred to them for decision by the council or board of the consumer society.

6. The authorized representatives of the consumer society are allowed to participate in the general meeting of the authorized representatives of the consumer society if there is an extract from the minutes signed by the chairman and secretary of the meeting of shareholders of the cooperative sector.

Article 18

1. The general meeting of shareholders of a consumer company is competent if more than 50 percent of the shareholders of a consumer company are present at it. The decision of the general meeting of shareholders of the consumer company is considered adopted provided that more than 50 percent of the shareholders of the consumer society present at the general meeting voted for it. The decision on withdrawal of the consumer society from the union, on the exclusion of the shareholder from the consumer society is considered adopted if at least three-quarters of the shareholders of the consumer society voted for it. The charter of the consumer society may also provide for other decisions, for which more than half of the number of shareholders of the consumer society present at this meeting must vote. The transformation of a consumer society is carried out by unanimous decision of the shareholders of this consumer society. A decision on the reorganization of a consumer society (with the exception of a decision on the transformation of a consumer society into another organizational and legal form), if this decision may entail the termination of membership in the union of consumer societies, is considered adopted, provided that at least three-quarters of the shareholders of the consumer society voted for it. society. (as amended by Federal Law No. 37-FZ of April 23, 2012)

1.1 A decision on the reorganization of a consumer society (with the exception of a decision on the transformation of a consumer society into another organizational and legal form), if this decision may lead to the termination of membership in the union of consumer societies, is considered adopted, provided that at least three-quarters of the shareholders voted for it consumer society. (as amended by Federal Law No. 37-FZ of April 23, 2012)

2. The procedure for convening a general meeting of authorized representatives of a consumer company is established by this Law and the charter of the consumer company. The representative of the union, of which the consumer society is a member, has the right to participate in the general meeting of authorized representatives of the consumer society with the right of an advisory vote.

Not later than seven days before the day of holding the general meeting of authorized representatives of the consumer society, the council of the consumer society that convenes this meeting is obliged to notify in writing all authorized representatives of the consumer society, as well as the unions of which the consumer society is a member, of the time, place, agenda day of the general meeting and submit materials on the issues under consideration.

The general meeting of the authorized representatives of the consumer society is competent if more than three-quarters of the authorized representatives of the consumer society are present at it. The decision of the general meeting of authorized representatives of the consumer society is considered adopted if more than 50 percent of the authorized representatives of the consumer society present at the general meeting voted for it.

The decision of the general meeting of authorized representatives of the consumer society on the issue of alienation of immovable property is considered adopted if the issue is included in the agenda no later than seven days before the day of the meeting and at least three-quarters of the authorized representatives of the consumer society voted for the alienation of immovable property. (as amended by Federal Law No. 37-FZ of April 23, 2012)

3. A meeting of shareholders of a cooperative section of a consumer society shall be valid if attended by more than 50 per cent of the shareholders of the cooperative section of a consumer society. In the absence of a quorum for holding a meeting of shareholders of the cooperative section of the consumer society, a repeated meeting of shareholders of the cooperative section of the consumer society must be held with the same agenda, which is eligible if more than 25 percent of the shareholders of the cooperative section of the consumer society took part in it. (as amended by Federal Law No. 37-FZ of April 23, 2012)

A decision, including on the creation of unions, the entry of a consumer society into unions, is considered adopted if more than 50 percent of the shareholders of the consumer society present at the meeting of shareholders of the cooperative sector of the consumer society voted for it.

The decision on withdrawal of the consumer society from the union is considered adopted if at least three-quarters of the shareholders of the consumer society voted for it.

The decision to transform the consumer society into another organizational and legal form is considered adopted if all the shareholders of the cooperative sections of the consumer society voted for it.

Decisions of meetings of shareholders of cooperative sections of a consumer society on the creation of a union, entry into the union and withdrawal from it, on the transformation of the consumer society into another organizational and legal form are binding on the general meeting of the authorized representatives of the consumer society. Decisions of the meetings of shareholders of the cooperative section of the consumer society on other issues are binding on the authorized persons when making decisions at the general meeting of the authorized representatives of the consumer society.

4. The procedure for making decisions by the general meeting of shareholders of the consumer society, the general meeting of authorized representatives of the consumer society, the meeting of shareholders of the cooperative section of the consumer society (by secret or open voting) is determined by these meetings.

5. A shareholder, an authorized representative of a consumer society shall have one vote when making a decision - by a general meeting of a consumer society, a meeting of shareholders of a cooperative section of a consumer society. A shareholder of a consumer society has the right to represent by proxy no more than one other shareholder. (as amended by Federal Law No. 37-FZ of April 23, 2012)

6. Decisions of the general meeting of a consumer society may be appealed in court in accordance with the legislation of the Russian Federation.

Article 19 (as amended by Federal Law No. 54-FZ of April 28, 2000)

1. The council of a consumer society is a body that represents the interests of shareholders of a consumer society, protects their rights and is accountable to its general meeting. The council of the consumer society shall exercise the powers determined by this Law and the charter of the consumer society, with the exception of the powers assigned to the exclusive competence of the general meeting of the consumer society.

2. The chairman and members of the council of a consumer society are elected for a period of five years from among the shareholders of the consumer society and (or) representatives of legal entities that are shareholders of the consumer society who did not violate the rights of shareholders and this Law. The chairman of the council of a consumer society, without a power of attorney, acts on behalf of the consumer society, including representing its interests, issuing orders and giving instructions that are binding on all employees of the consumer society. (as amended by Federal Law No. 37-FZ of April 23, 2012)

Members of the council of a consumer society exercise their powers on a voluntary basis, the chairman of the council of a consumer society exercises their powers, as a rule, on a voluntary basis. The number of members of the council of the consumer society is determined on the basis of the decision of the general meeting of the consumer society. The council of a consumer company must include shareholders who are employees of the consumer company and shareholders who are not employees of the consumer company. (as amended by Federal Law No. 37-FZ of April 23, 2012)

The procedure for reimbursement of expenses related to the exercise of powers by the chairman and members of the council of the consumer society is determined by the charter of the consumer society.

The chairman and members of the council of a consumer society, exercising their powers on a voluntary basis, may be released from exercising their powers at any time on the basis of a decision of the general meeting of the consumer society. The chairman of the council of a consumer society, who performs his duties on a paid basis, may be dismissed ahead of schedule on the basis of a decision of the general meeting of the consumer society in accordance with the labor legislation of the Russian Federation.

The decision to dismiss the chairman of the council of the consumer society at his own request, by way of transfer or by agreement of the parties is taken by the council of the consumer society. The council of the consumer society, within 30 days from the date of dismissal or release from the performance of the powers of the chairman of the council of the consumer society, holds a general meeting of the consumer society on the issue of electing a new chairman of the council of the consumer society.

The pre-term elected chairman of the council of the consumer society performs his duties (powers) until the expiration of the five-year term of office of the previous chairman of the council of the consumer society. (as amended by Federal Law No. 54-FZ of April 28, 2000)

3. The charter of a consumer society determines the competence of the council of the consumer society, the procedure for making decisions by the chairman of the council and his deputies and the procedure for their execution, as well as issues on which the chairman of the council and his deputies have the right to take decisions individually.

4. The exclusive competence of the council of a consumer society includes:

holding general meetings of the consumer society;

determining the powers of the board of the consumer society and exercising control over its activities;

approval of the regulation on the board of the consumer society and the report on its activities;

approval of the consumer society budget;

appointment, dismissal, dismissal of deputy chairmen of the board of the consumer society, members of the board of the consumer society, appointment, dismissal of the chairman of the board of the consumer society, deputy chairmen of the board of the consumer society. (as amended by Federal Law No. 54-FZ of April 28, 2000)

5. Issues referred by this Law to the exclusive competence of the council cannot be transferred to the decision of the board of the consumer society.

6. Meetings of the council of the consumer society are held as necessary, but at least once a month. The council of a consumer society is authorized to resolve issues if at least 75 percent of the members of the council, including the chairman of the council or his deputy, are present at its meeting.

7. Shareholders have the right to participate in the meeting of the council of the consumer society.

8. The chairman of the council of the consumer society, his deputies and other members of the council are responsible for the decisions they make in accordance with the charter of the consumer society and the legislation of the Russian Federation.

9. The council of the consumer society reports at least once a year to the general meeting of the consumer society.

10. The distribution of powers between the members of the council of the consumer society shall be carried out by the council of the consumer society.

11. A member of the council cannot be a member of the board or a member of the audit committee of a consumer society.

12. The board of the consumer society is the executive body of the consumer society, created in each consumer society to manage the economic activities of the consumer society, appointed by the council of the consumer society and accountable to the council of the consumer society. Issues that do not fall within the exclusive competence of the general meeting of the consumer society and the exclusive competence of the council of the consumer society may be referred to the decision of the board of the consumer society. The chairman of the board of a consumer company, without a power of attorney, acts on behalf of the consumer company, issues orders and gives instructions within his competence, binding on all employees of the consumer company. The board of the consumer society shall be responsible for the economic activities of the consumer society. The distribution of responsibilities between members of the board of the consumer society is carried out by the board. (as amended by Federal Law No. 54-FZ of April 28, 2000)

Article 20

1. The audit commission of a consumer company controls compliance with the charter of the consumer company, its economic and financial activities, as well as the activities of organizations, structural divisions, representative offices and branches created by the consumer company. The audit commission of the consumer society is accountable to the general meeting of the consumer society.

2. The audit commission of the consumer society elects from among its members by open voting the chairman of the audit commission and the deputy chairman of the audit commission.

3. Decisions of the audit commission of the consumer company are considered and executed by the council or the board of the consumer company within 30 days. If the audit commission of the consumer company disagrees with the decision of the council or the board of the consumer society, or if the council or the board of the consumer society fails to make a decision, the audit commission of the consumer society submits its decision to the general meeting of the consumer society for consideration.

4. The audit commission of the consumer society is guided in its work by this Law, the charter of the consumer society and the regulation on the audit commission of the consumer society approved by the general meeting of the consumer society.

Chapter V. Property of a consumer society

Article 21

1. The owner of the property of a consumer company is a consumer company as a legal entity.

2. The property of a consumer society is not distributed by shares (contributions) between shareholders and citizens working under an employment contract (contract) in consumer cooperation.

3. The sources of formation of the property of a consumer society are share contributions of shareholders, income from entrepreneurial activities of the consumer society and organizations created by it, as well as income from the placement of its own funds in banks, securities and other sources not prohibited by the legislation of the Russian Federation.

4. Consumer societies, in order to fulfill their statutory goals, can create business companies, medical, educational and other organizations, branches and representative offices that meet the statutory goals of consumer societies, and can also be participants in business companies, cooperatives, investors in limited partnerships. (as amended by Federal Law No. 185-FZ of July 2, 2013)

5. The property of the institutions created by the consumer society is assigned on the basis of the right of operational management.

Article 22

The size of the entrance and share contributions are determined by the general meeting of the consumer society.

The entrance fee is not included in the share fund and is non-refundable upon withdrawal of the shareholder from the consumer society.

Entry and share contributions cannot be levied on personal debts and obligations of shareholders.

Article 23

1. The share fund of a consumer society consists of share contributions, which are one of the sources of formation of the property of a consumer society.

2. When carrying out its activities, a consumer society has the right to form the following funds:

indivisible;

spare;

other funds in accordance with the charter of the consumer society.

3. The size, procedure for the formation and use of the funds of the consumer society are established by the general meeting of the consumer society.

Article 24

1. The income of a consumer society received from its entrepreneurial activity, after making obligatory payments in accordance with the legislation of the Russian Federation, shall be directed to the funds of the consumer society for making settlements with creditors and (or) cooperative payments.

2. The amount of cooperative payments, determined by the general meeting of the consumer society, must not exceed 20 percent of the income of the consumer society.

Article 25. Property liability of a consumer society and its members

1. A consumer society is liable for its obligations with all its property.

2. The consumer society is not liable for the obligations of shareholders.

3. The subsidiary liability of shareholders for the obligations of the consumer society is determined in the manner prescribed by the civil legislation of the Russian Federation and the charter of the consumer society.

Chapter VI. Fundamentals of the activity of the consumer society

Article 26

1. A consumer society is obliged to keep accounting records, as well as submit financial statements in the manner prescribed by the legislation of the Russian Federation. The council and board of a consumer society are responsible for the accuracy of the information contained in the annual report and balance sheet, the completeness and accuracy of information provided to state bodies, unions of consumer societies, shareholders, as well as for the accuracy of information provided for publication in the media.

2. The annual report on the financial activities of the consumer company is subject to verification by the audit commission of the consumer company in accordance with the charter of the consumer company and the regulation on the audit commission of the consumer company. The conclusion of the audit commission is considered at the general meeting of the consumer society.

Article 27 (as amended by Federal Law No. 37-FZ of April 23, 2012)

1. A consumer society is obliged to keep the following documents:

minutes and decisions of general meetings of the consumer society;

minutes of meetings of the council of the consumer society and the board of the consumer society;

documents on admission to membership in a consumer society and on termination of membership in a consumer society;

documents on the payment of entrance fees, on the acceptance and return of share contributions;

register of members of the consumer society;

other documents provided for by the legislation of the Russian Federation.

2. The register of members of the consumer society includes the following information:

surname, name, patronymic, date of birth (for a citizen), name, state registration number of the entry on state registration of a legal entity (main state registration number) and taxpayer identification number (for a legal entity) of a member of a consumer society;

place of residence, location, postal address, contact numbers and (if available) e-mail address;

the date of joining the consumer society and the date of termination of membership in it;

Section 28. Storage of Documents of a Consumer Company

The consumer company is obliged to store the following documents at the location of the council of the consumer company:

decision to create a consumer society;

document on its state registration;

the charter of the consumer society, amendments and additions made to it; documents confirming the rights of the consumer society to property on its balance sheet;

regulation on a branch or representative office of a consumer society;

accounting and financial reporting documents;

minutes of general meetings of the consumer society;

minutes of council meetings and decisions of the board of the consumer society; minutes of meetings of the audit commission of the consumer society;

conclusions of the audit organization and the audit commission of the consumer society;

other documents stipulated by the legislation of the Russian Federation. (as amended by Federal Law No. 31-FZ of March 21, 2002)

Chapter VII. Reorganization and liquidation of the consumer society

Article 29. Reorganization of a consumer society

1. The reorganization of a consumer society (merger, accession, separation, spin-off) is carried out by decision of the general meeting of the consumer society and other grounds provided for by the legislation of the Russian Federation.

2. The transformation of the consumer society is carried out by unanimous decision of all shareholders of the consumer society.

Article 30. Liquidation of a consumer society

1. The liquidation of a consumer society is carried out by decision of its general meeting or by a court decision in accordance with the legislation of the Russian Federation.

2. When the general meeting of the consumer society makes a decision to liquidate the consumer society, the council of the consumer society immediately informs in writing the body that carries out the state registration of legal entities.

3. The general meeting of the consumer society or the body that made the decision to liquidate the consumer society appoints a liquidation commission (liquidator) and establishes the procedure and terms for the liquidation of the consumer society.

4. Upon liquidation of a consumer society, the property of its indivisible fund shall not be subject to division and shall be transferred to another (other) consumer society (consumer societies) on the basis of a decision of the general meeting of the liquidated consumer society.

4. The Union may engage in entrepreneurial activity insofar as it serves to achieve the goals for which it was created. The income from the entrepreneurial activities of the union is fully directed to cover the costs of carrying out the statutory activities of the union.

5. The Union has the right to exercise control and administrative functions in relation to both consumer societies that are members of this union and the corresponding unions of consumer societies created by consumer societies. Checks of the activities of the members of the union and the corresponding unions of consumer societies created by consumer societies are carried out by the board of the union (control and audit department of the union) at least once every two years.

6. The Union, which includes consumer societies from at least 45 constituent entities of the Russian Federation, represents the interests of its members in the international cooperative movement in accordance with the powers delegated to it.

Article 32 Constituent documents of the union

1. The founders of the union may be consumer companies established in accordance with this Law and registered in accordance with the procedure established by the legislation of the Russian Federation on the territory of the Russian Federation.

2. The procedure for creating a union is determined by the constituent agreement.

3. The decision to create a union is made by its constituent assembly, which, on the basis of applications for joining the union, approves the list of its members and the charter of the union. The Constituent Assembly elects the governing and control bodies:

council of the union and its chairman;

the audit commission of the union;

other bodies, if it is provided by the charter of the union.

4. The charter of the union must contain information about:

the name of the union;

the location of the union;

the subject and goals of the union;

the order of withdrawal or expulsion from the union;

the composition and competence of the management and control bodies of the union;

the procedure for making decisions by the management and control bodies of the union, including decisions taken unanimously or

the rights and obligations of members of the union;

the procedure for the formation and use of the property of the union;

types of entrepreneurial activity of the union;

branches and representative offices of the union;

the procedure for reorganization and liquidation of the union;

the procedure for the distribution of property remaining after the liquidation of the union, as well as other provisions that do not contradict the legislation of the Russian Federation.

5. The Union is considered established from the moment of its state registration in accordance with the procedure established by law.

Article 33

1. The owner of the property of the union is this union as a legal entity.

2. The property of the union is property formed at the expense of contributions from members of the union, income received from the entrepreneurial activities of the union and organizations created by it, as well as other sources not prohibited by the legislation of the Russian Federation. The Union may form the following funds:

indivisible;

development of consumer cooperation;

spare;

other funds in accordance with the charter of the union.

3. To achieve its statutory goals, the union may have and create business companies, medical, educational and other organizations, branches and representative offices, and may also be a member of business companies, cooperatives and a contributor in limited partnerships and exercise its rights in the manner prescribed by law Russian Federation. (as amended by Federal Law No. 185-FZ of July 2, 2013)

4. The property of the institutions created by the union is assigned on the basis of the right of operational management.

Article 34

1. The management of the union is carried out by the general meeting of representatives of consumer societies of the union, the council and the board of the union.

2. The supreme body of the union is the general meeting of representatives of consumer societies of the union. The norm of representation of consumer societies in the union is established by the number of shareholders by the general meeting of representatives of the consumer societies of the union. The decision to change the norm of representation is taken by the council of the union with subsequent approval at the general meeting of representatives of consumer societies of the union. Taking into account the norm of representation and the number of shareholders in consumer societies, they have the right to delegate to general meetings of representatives of consumer societies of unions the authority to elect representatives to unions of other levels.

3. In the period between the general meetings of representatives of consumer societies of the union, the management of the union is carried out by the council.

4. The executive body of the union is the board of the union.

5. Control over compliance with the charter of the union, its economic, financial and other activities is carried out by the audit commission of the union.

Article 35

1. The general meeting of representatives of consumer societies of the union is authorized to resolve all issues related to the activities of the union.

2. The exclusive competence of the general meeting of representatives of consumer societies of the union includes:

adoption of the charter of the union, making changes and additions to it;

determination of the main directions of activity of the union;

election of the chairman of the council and members of the council, members of the audit commission of the union and termination of their powers,

listening to reports on their activities;

admission to the union and exclusion from it;

determining the amount of the contribution of members of the union;

approval of annual reports on the activities of the union;

determination of the types, sizes and conditions for the formation of the Union's funds;

making decisions on the reorganization and liquidation of the union.

3. The charter of the union may include other issues within the exclusive competence of the general meeting of representatives of consumer societies of the union.

4. Issues referred by this Law and the charter of the union of consumer societies to the exclusive competence of the general meeting of representatives of the consumer societies of the union cannot be transferred by the said meeting for decision to other management bodies of the union.

Article 36

1. The general meeting of representatives of the consumer societies of the union is competent if at least two thirds of the representatives of the consumer societies of the union are present. The decision of the general meeting of representatives of the consumer societies of the union is considered adopted if at least 50 percent of the representatives of the consumer societies of the union present at the general meeting of representatives of the consumer societies of the union voted for it.

2. The representative of the consumer society of the union has one vote in the decision-making by the general meeting of representatives of the consumer societies of the union.

3. Decisions of the general meeting of representatives of the consumer societies of the union may be appealed by the members of the union in court.

1. The council of the union is the governing body of the union and is accountable to the general meeting of representatives of consumer societies of the union. The Council exercises the powers determined by this Law and the charter of the union, with the exception of the powers assigned to the exclusive competence of the general meeting of representatives of consumer societies of the union.

2. The exclusive competence of the Council of the Union of Consumer Societies includes:

holding general meetings of representatives of consumer societies of the union;

determining the powers of the board of the union of consumer societies and exercising control over the activities of the board of the union;

approval of the regulation on the board of the union and the report on the activities of the board of the union;

approval of the Union's budget;

appointment, dismissal, dismissal of deputy chairmen of the union board, members of the board of the union, appointment and dismissal of the chairman of the board of the union, deputy chairmen of the board of the union.

3. Issues related to the exclusive competence of the council cannot be transferred to them for decision by the board of the union.

4. Meetings of the council of the union are held at the intervals provided for by the charter of the union, but at least once every six months. The Council of the Union is authorized to resolve issues if at least 50 percent of its members, including the Chairman of the Council of the Union or his deputy, are present at the meeting of the Council of the Union.

5. The chairman and members of the council of the union are elected from among the representatives of consumer societies of this union for a period of five years. Members of the council of the union exercise their powers on a voluntary basis, the chairman of the council of the union exercises their powers, as a rule, on a voluntary basis. The chairman of the council of a union may be the chairman of the council of only one union. The chairman of the council of the union, without a power of attorney, acts on behalf of the union, including representing its interests, issuing orders and giving instructions that are binding on all employees of the union.

The number of members of the council of the union is determined on the basis of the decision of the general meeting of representatives of consumer societies of the union. More than 50 percent of the membership of the council of the union must be representatives who are not employees of consumer cooperation organizations.

The procedure for reimbursement of expenses related to the exercise of powers by the chairman and members of the council of the union is determined by the charter of the union of consumer societies. The chairman and members of the council of the union, exercising their powers on a voluntary basis, may be released from exercising their powers at any time on the basis of a decision of the general meeting of representatives of consumer societies of the union. The chairman of the council of the union, who performs his duties on a paid basis, may be dismissed ahead of schedule on the basis of a decision of the general meeting of representatives of consumer societies of the union in accordance with the legislation of the Russian Federation on labor.

The decision to dismiss the chairman of the council of the union at his own request, by way of transfer or by agreement of the parties is taken by the council of the union. The Council of the Union, within 30 days from the date of dismissal or release from exercising the powers of the chairman or member of the council of the union, holds a general meeting of representatives of consumer societies of the union on the issue of electing a new chairman or member of the council of the union. The prematurely elected chairman or member of the council of the union is elected for the term of office of the previous chairman or member of the council of the union.

6. The charter of the union determines the procedure for making decisions by the council of the union, the chairman of the council of the union and his deputies and the procedure for their execution, as well as issues on which the chairman of the council of the union and his deputies have the right to take decisions individually.

7. The chairman of the council of the union, his deputies and other members of the council are responsible for their decisions in accordance with the charter of the union and the legislation of the Russian Federation.

8. The Council of the Union for the implementation of the current activities of the Union has the right to elect from among its members the Presidium of the Council of the Union. The Presidium of the Council of the Union is responsible to the Council of the Union, acts on the basis of the regulation on the Presidium of the Council of the Union approved by the Council of the Union.

9. Members of the council should not be members of the board or members of the audit commission of the union.

10. The board of the union of consumer societies is the executive body of the union of consumer societies, created in each union to manage the economic activities of the union, appointed by the council of the union and accountable to the council of the union. Issues that are not within the exclusive competence of the general meeting of representatives of consumer societies of the union and the exclusive competence of the council of the union may be transferred to the decision of the board of the union. The chairman of the board of the union, without a power of attorney, acts on behalf of the union, issues orders and gives instructions within his competence, binding on all employees of the union. The board of the union is responsible for the economic activities of the union. Distribution of duties between members of the board of the union of consumer societies is carried out by the board.

Article 38

1. The audit commission of the union controls the observance of the charter of the union, the economic, financial and other activities of the union. It is accountable to the general meeting of representatives of consumer societies of the union.

2. The audit commission of the union elects from among its members by open voting the chairman and deputy chairmen of the audit commission of the union.

3. The audit commission of the union is guided in its activities by this Law, the charter of the union, the regulation on the audit commission of the union, approved by the general meeting of representatives of consumer societies of the union.

Article 39

1. The reorganization of the union (merger, accession, separation, separation) is carried out by decision of the general meeting of representatives of consumer societies of the union and other grounds provided for by the legislation of the Russian Federation.

2. The transformation of the union is carried out by unanimous decision of all representatives of the consumer societies of the union.

3. The liquidation of the union is carried out by decision of the general meeting of representatives of consumer societies of the union or by a court decision in accordance with the legislation of the Russian Federation.

4. When the general meeting of representatives of consumer societies makes a decision to liquidate the union, the council of the union immediately informs in writing the body that carries out the state registration of legal entities.

5. The council of the union or the body that made the decision to liquidate the union appoints a liquidation commission (liquidator) and establishes the procedure and terms for the liquidation of the union. (as amended by Federal Law No. 31-FZ of March 21, 2002)

2. Recognize as invalid paragraph 3 of the Resolution of the Supreme Council of the Russian Federation of June 19, 1992 N 3086-1 "On the Enactment of the Law of the Russian Federation "On Consumer Cooperatives in the Russian Federation" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 30, item 1789. Decisions of the governing bodies of consumer societies, unions of consumer societies on securing the property of consumer cooperation for legal and individuals adopted in 1992-1994 shall be brought into line with this Law.

3. Constituent documents of joint-stock companies, limited liability partnerships established on the basis of the property of consumer societies and their unions in violation of the legislation of the Russian Federation, including in the absence of a decision of the supreme body of the consumer society, the union of consumer societies, are subject to being brought into line with this Law in within 12 months from the date of its official publication.

President of the Russian
Federations
B. YELTSIN

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

The law "On consumer cooperation (consumer societies, their unions) in the Russian Federation" was 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.

AT general provisions The law on cooperation provides 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

font size

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