Moscow. January 26. website - At a meeting on Friday, the State Duma adopted in the third final reading a law regulating volunteer activities in Russia.

The purpose of the adopted law is to form a unified approach to regulating relations in the field of volunteerism. The bill “equalizes the concepts of “volunteering” and “volunteering,” which will eliminate the contradiction between a number of legal acts in this area,” the accompanying documents say.

The law determines the status of volunteer organizations, organizers of volunteer activities and volunteers, and sets out the requirements that such organizations and individuals must meet.

Thus, according to the law, volunteers (volunteers) are defined as individuals who voluntarily carry out charitable activities for socially beneficial purposes, or who participate in the organization and conduct of physical education and sports events.

Chairman of the State Duma's specialized committee for the development of civil society, public and religious organizations, Sergei Gavrilov, noted that the bill establishes legal conditions and opens up new opportunities for volunteer activities.

According to him, the law defines new powers of federal executive authorities - the development and implementation of state programs (subprograms) of the Russian Federation containing activities aimed at supporting volunteerism, participation in the formation of a unified information system in the field of volunteer development, providing support to such organizations, including on interaction with government agencies, socially oriented NPOs.

“It is important that the provision of information for inclusion in a unified information system in the field of development of volunteering is carried out voluntarily,” Gavrilov noted.

He added that thanks to the adoption of this bill, volunteers within the framework of state programs will be provided with “food, purchase of special clothing, equipment, personal protective equipment, provision of premises for temporary use, payment of travel to their destination and back, payment of insurance premiums for voluntary medical insurance of the volunteer ( volunteer) or to insure his life or health when he carries out voluntary (volunteer) activities.”

Volunteers of religious organizations

The bill also prescribes a provision according to which “the legislation on charitable activities does not apply to the activities of citizens aimed at free voluntary participation in the organization of worship services and other religious rites (ceremonies) performed by religious associations.”

Gavrilov explained that the separation of church and state remains in the matter of attracting volunteers to support liturgical activities. At the same time, in the matter of social service, church volunteer organizations will be able to enjoy all the rights and state support provided for in the legislation, like any other volunteers. This rule will apply to all faiths.

“The features of attracting volunteers to carry out the activities of religious organizations will be determined by the federal law “On Freedom of Conscience and on Religious Associations.” The Russian Orthodox Church, as well as religious organizations of other traditional faiths, will become full-fledged subjects of volunteer activity and will be able to receive support within the framework of volunteer state programs , and the law will not infringe on their activities in any way,” Gavrilov said.

He noted that during the consideration of the bill, an amendment was adopted according to which religious organizations, in accordance with their internal regulations, will have the right to legally attract volunteers to participate in the organization of worship services, other religious rites and ceremonies, as well as to perform work, provision of services aimed at supporting and ensuring the activities of religious organizations provided for by their charters.

Religious organizations will have the right to conclude civil contracts with volunteers on volunteer activities, the subject of which is the free performance of work and provision of services by volunteers, he noted. In this case, an essential condition of such an agreement will be compliance with the internal regulations of the religious organization that is a party to the agreement.

“An agreement on voluntary (volunteer) activity may provide for reimbursement of the volunteer’s (volunteer’s) expenses related to its implementation for food, purchase of special clothing, equipment, personal protective equipment, provision of premises for temporary use, payment of travel to the destination and back, payment of insurance premiums for voluntary medical insurance of a volunteer (volunteer) or for insurance of his life or health when he carries out voluntary (volunteer) activities,” he said.

“Such voluntary (volunteer) activities will not be regulated by the procedure for interaction of state and municipal institutions with the organizers of voluntary (volunteer) activities, volunteer organizations. These changes have found support from representatives of religious organizations of Russia, in particular, the legal service of the Moscow Patriarchate,” Gavrilov explained .

Such changes, according to Gavrilov, will allow religious organizations to maintain their freedom in the course of carrying out their spiritual, liturgical and church-pastoral activities.

“Volunteering is a delicate matter, which, on the one hand, should not be regulated by the state, since it concerns a person’s good will. On the other hand, we see the need to regulate the activities of people in special situations, when it comes to working in hospitals, restoration work, putting out fires, saving people, where the personal life of one person intersects with the personal life of another,” Metelev noted.

“We conducted a study and found out that half of Russians choose the word “volunteer,” the other half chooses “volunteer,” and it is illogical to separate these communities, so these concepts are unified in the law,” said a member of the RF OP.

“Previously, a person could come, for example, to the regional Ministry of Culture, request support for an interesting project, and he would be told that the organization does not deal with the designated topic. Now any government body can introduce its own support programs, allocate money, create conditions for millions of civil activists in our country, because the law gives them such powers,” he explained.

A “Unified Information System” is being created for volunteers. It is an Internet resource (site) where anyone who wants to participate in social projects and events can register.

The system is already working. Its main goal is to ensure a balance between supply and demand for volunteer work in Russia. For those who need certain services (museums, schools, libraries, hospitals, orphanages, animal shelters), it provides the opportunity to formulate a request for volunteer assistance in specific, quantitatively and qualitatively measurable volumes, and volunteers, in turn, receive information about how they can be useful to their city or town. “A person can literally become a volunteer in just two clicks, without going through any additional authorities or collecting certificates,” says Artem Metelev, “Literally a few days ago, the hundred thousandth user registered in the system, and the number of registrations is constantly growing.”

In addition, the system, as the country’s main volunteer Internet resource, will contain analytical and statistical data that will give organizers the opportunity to see the work of the volunteer movement in figures and facts, and this, in turn, will allow competent and reasonable adjustments to government policy in this area. “Thus, if we see that people are more interested in the healthcare sector, then we should pay attention to this and create conditions for such work. This kind of data will allow us to increase the efficiency of volunteer work,” noted a member of the RF OP.

As Artem Metelev said, any volunteer can go to the site, formulate a question or problem and find a standard answer. If a quick answer is not found, the resource provides the opportunity to send a special request. “After this, the entire system that is being built in the country comes to protect the volunteer. Colleagues from the region responsible for the Unified Information System will contact him. If necessary, the regional Public Chamber or the government body responsible for volunteering will get involved in solving the problem. Thus, we can quickly respond to problems, gradually eliminating them and creating comfortable working conditions for volunteers,” he added.

The rules will, among other things, determine what a specific volunteer organization must do to gain the opportunity to work in a particular institution, what certificates and documents can be requested from the organizers, and what they have no right to demand. “This is a document that contains simple and understandable rules of the game that will not change,” Artem Metelev emphasized.

On May 1, the law on volunteering came into force. The document is intended to ensure clearer interaction between volunteers, organizers of the volunteer movement, those who need the help of volunteers, and authorities. The law will also increase the legal protection of volunteers.

According to Artem Metelev, a member of the RF OP, chairman of the board of the Association of Volunteer Centers, work on the law has been going on for 6 years. It was offered in different versions to members of the Federation Council, State Duma, and public organizations. As a result, the final version, which came into force on May 1, became a consolidating project that suits all parties.

“Volunteering is a delicate matter, which, on the one hand, should not be regulated by the state, since it concerns a person’s good will. On the other hand, we see the need to regulate the activities of people in special situations, when it comes to working in hospitals, restoration work, putting out fires, saving people, where the personal life of one person intersects with the personal life of another,” Metelev noted.

He said that the law answers a number of important questions, first of all, about the status of a volunteer, his rights and responsibilities. The document establishes concepts such as “volunteer” and “organizer of volunteer activities,” thus identifying subjects for whom it will be possible to introduce support measures and create working conditions.

“We conducted a study and found out that half of Russians choose the word “volunteer,” the other half chooses “volunteer,” and it is illogical to separate these communities, so these concepts are unified in the law,” said a member of the RF OP.

According to Artem Metelev, a key aspect of the new law is the expansion of the powers of authorities at all levels.

“Previously, a person could come, for example, to the regional Ministry of Culture, request support for an interesting project, and he would be told that the organization does not deal with the designated topic. Now any government body can introduce its own support programs, allocate money, create conditions for millions of civil activists in our country, because the law gives them such powers,” he explained.

According to the law, authorities have the opportunity to support organizers of volunteer activities, including in the form of compensation for expenses and insurance. Organizers can provide similar support to volunteers. Previously, such actions could only be taken on the basis of a civil contract.

A “Unified Information System” is being created for volunteers. It is an Internet resource (site) where anyone who wants to participate in social projects and events can register.

The system is already working. Its main goal is to ensure a balance between supply and demand for volunteer work in Russia. For those who need certain services (museums, schools, libraries, hospitals, orphanages, animal shelters), it provides the opportunity to formulate a request for volunteer assistance in specific, quantitatively and qualitatively measurable volumes, and volunteers, in turn, receive information about how they can be useful to their city or town. “A person can literally become a volunteer in just two clicks, without going through any additional authorities or collecting certificates,” says Artem Metelev, “Literally a few days ago, the hundred thousandth user registered in the system, and the number of registrations is constantly growing.”

In addition, the system, as the country’s main volunteer Internet resource, will contain analytical and statistical data that will give organizers the opportunity to see the work of the volunteer movement in figures and facts, and this, in turn, will allow competent and reasonable adjustments to government policy in this area. “Thus, if we see that people are more interested in the healthcare sector, then we should pay attention to this and create conditions for such work. This kind of data will allow us to increase the efficiency of volunteer work,” noted a member of the RF OP.

The social activist also spoke about the creation of a “single window” designed to provide assistance to citizens who have encountered problems as part of their civic engagement. The “Single Window” was created on behalf of the chairman of the organizing committee of the Year of the Volunteer, Sergei Kiriyenko.

As Artem Metelev said, any volunteer can go to the site, formulate a question or problem and find a standard answer. If a quick answer is not found, the resource provides the opportunity to send a special request. “After this, the entire system that is being built in the country comes to protect the volunteer. Colleagues from the region responsible for the Unified Information System will contact him. If necessary, the regional Public Chamber or the government body responsible for volunteering will get involved in solving the problem. Thus, we can quickly respond to problems, gradually eliminating them and creating comfortable working conditions for volunteers,” he added.

After the law comes into force, social activists will have a lot of work to do to establish interaction between authorities and the organizers of the volunteer movement. First of all, we are talking about clarifying the rules of work in the field of healthcare, as well as social protection. It is these areas of volunteer activity that are accepted as test areas for the current year.

The rules will, among other things, determine what a specific volunteer organization must do to gain the opportunity to work in a particular institution, what certificates and documents can be requested from the organizers, and what they have no right to demand. “This is a document that contains simple and understandable rules of the game that will not change,” Artem Metelev emphasized.

In September of this year, the Public Chamber of the Russian Federation plans to monitor the enforcement of the new law, monitor the progress of its implementation, identify positive and negative changes in order to draw up plans for the further development of the volunteer movement in Russia.

Submitted by: Federation Council of the Federal Assembly of the Russian Federation

Project: FEDERAL LAW ON VOLUNTEERING (VOLUNTEERING)

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law is social relations arising in connection with the implementation of voluntary (volunteer) activities. This Federal Law establishes the legal foundations of volunteering, including the basic principles and types of volunteering activities, its goals and objectives, the main forms, types and procedures for its implementation, as well as measures to support volunteering.

2. Individual voluntary (volunteer) actions carried out on the basis of family, friendly or good neighborly relations are not subject to regulation by this Federal Law.

3. Features of the implementation of certain types of voluntary (volunteer) activities may be established by other federal laws.

Article 2. Basic concepts

This Federal Law uses the following basic concepts:

volunteering (volunteering) is a set of social relations associated with the voluntary implementation by individuals, in their free time from work (study), of activities in the interests of recipients of the help of a volunteer (volunteer);

voluntary (volunteer) activity - voluntary socially oriented, socially useful activity, carried out by performing work, providing services in the forms and types provided for by this Federal Law, without receiving monetary or material remuneration (except for cases of possible compensation related to the implementation of voluntary (volunteer) activity costs);

volunteer (volunteer) - an individual who, in his free time from work (study), carries out voluntary socially oriented, socially useful activities in the forms and types provided for by this Federal Law, without receiving monetary or material remuneration (except for cases of possible compensation related to the implementation of voluntary ( volunteer) activity costs);

recipient of the help of a volunteer (volunteer) - an individual, legal entity, social group, society as a whole who need the help of volunteers (volunteers) and in whose interests voluntary (volunteer) activities are carried out;

voluntary (volunteer) organization - a socially oriented non-profit organization that implements voluntary (volunteer) programs and projects, attracts volunteers (volunteers) to its activities, on whose behalf and on behalf of which a volunteer (volunteer) acts;

voluntary (volunteer) association - an association of citizens created to solve certain social problems through voluntary (volunteer) activities;

volunteer coordinator (volunteers) - a responsible person in a voluntary (volunteer) organization, responsible for attracting volunteers (volunteers), organizing their work and coordinating their activities;

volunteer (volunteer) program - a set of activities aimed at solving socially significant problems, implemented using the labor of volunteers;

voluntary (volunteer) action - a one-time event aimed at solving socially significant problems, the participants of which are volunteers;

personal book of a volunteer (volunteer) - a document of the established form that confirms the activities of an individual as a volunteer (volunteer);

information network of volunteerism (volunteering) is an open information resource created on the information and telecommunications network “Internet” and includes the possibility of maintaining electronic diaries and creating virtual communities, as well as mechanisms for promoting common values ​​to promote voluntary (volunteer) activities.

Article 3. Basic principles of voluntary (volunteer) activities

1. Volunteer activities are carried out in accordance with the principles:

1) gratuitousness, voluntariness, equality and legality of the activities of volunteers;

2) freedom in determining the goals, forms, types and methods in choosing voluntary (volunteer) activities;

3) transparency and general availability of information about voluntary (volunteer) activities;

4) humanity, respect for human rights and freedoms when carrying out voluntary (volunteer) activities;

5) equality of all, regardless of gender, religion, nationality, language, social status, age, in the right to carry out volunteer activities;

6) solidarity, integrity and cooperation of participants in voluntary (volunteer) activities;

7) safety for your life and the lives of others;

8) equal and mutually beneficial international cooperation in this area.

2. Volunteer activities cannot be aimed at supporting certain political parties, other public organizations and associations, as well as promoting goods, works, and services.

3. Volunteer activities do not replace the activities of state authorities and local governments in the exercise of their powers.

Article 4. Goals and objectives of voluntary (volunteer) activities

1. The goals of voluntary (volunteer) activities are:

1) providing free assistance to people in need;

2) free participation in socially significant events with the consent of their organizers;

3) the formation of a civic position, self-organization, a sense of social responsibility, solidarity, mutual assistance and mercy in society.

2. The tasks of voluntary (volunteer) activities include:

• 1. assistance to the state in solving its social problems;
  2. assistance to citizens in mastering first aid skills, the basics of life safety, environmental protection, social work with various target groups and categories of the population, stimulating vocational guidance;
  3. citizens obtaining skills of self-realization and self-organization to solve social problems;
  4. training a personnel reserve of volunteers (volunteers);
  5. formation of mechanisms for involving citizens in diverse public activities aimed at improving the quality of life of the population;
  6. development and support of youth initiatives aimed at organizing volunteer labor for young people.

Article 5. Basic forms and types of voluntary (volunteer) activities

1. Volunteer activities can be carried out in the form of:

1) individual voluntary (volunteer) activities;

2) voluntary (volunteer) activities as part of an unregistered association or group;

3) voluntary (volunteer) activities through a voluntary (volunteer) organization.

2. The main types of voluntary (volunteer) activities are:

1) providing assistance to persons affected by natural disasters, environmental, man-made and other disasters, as a result of social conflicts, accidents, victims of crime, refugees and internally displaced persons, as well as other categories and groups of persons in need of outside help and support, including in healthcare, education and social protection institutions;

2) participation in warning the population about natural disasters, environmental, man-made and other disasters, in overcoming their consequences;

3) participation in the protection and conservation of the environment, improvement of territories;

4) participation in creating opportunities for creative self-expression and revealing the creative potential of everyone, preserving cultural heritage and the historical and cultural environment, historical and cultural monuments;

5) participation in the development of education, science, popularization of knowledge, development of innovations;

6) participation in the development and popularization of physical culture, sports and active leisure;

7) carrying out work to promote a healthy lifestyle, organizing and carrying out preventive work to counter the spread of socially significant diseases;

8) participation in the organization and conduct of mass cultural, physical education, sports and other entertainment and social events;

9) participation in the organization and conduct of other municipal, regional, interregional, public and international physical education and sports events and competitions;

10) other voluntary (volunteer) activities.

Chapter 2. Organization of voluntary (volunteer) activities

Article 6. Authorized body

1. Authorized body is a federal executive body that provides support and stimulation of voluntary (volunteer) activities in the Russian Federation and other powers in the field of voluntary (volunteer) activities established by Article 7 of this Federal Law. The authorized body is determined by the Government of the Russian Federation.

Article 7. Powers of the authorized body

1. The powers of the authorized body include:
2. formation and implementation of state policy in the field of support and stimulation of voluntary (volunteer) activities;
3. development of programs for the development and stimulation of voluntary (volunteer) activities in the Russian Federation;
4. providing property, organizational, information, methodological and consulting support to volunteers (volunteers) and voluntary (volunteer) organizations;
5. registration of volunteers (volunteers), issue of personal books of volunteers (volunteers) and maintenance of the all-Russian register of volunteers (volunteers);
6. organization of electronic simplified registration of volunteers;
7. maintaining a register of volunteer (volunteer) vacancies;
8. organization of an information network of volunteering (volunteering).
9. In order to implement its powers, the authorized body holds meetings, workshops, conferences, training seminars, round tables and other events, information about which is posted on the official website of the authorized body on the Internet.
10. The authorized body publishes on its official website on the Internet information and telecommunications network a register of volunteer vacancies, as well as brief information about volunteers (last name, first name, patronymic and personal identification number assigned to the volunteer).
11. Upon the recommendation of voluntary (volunteer) organizations, the authorized body may award awards to the most distinguished volunteers (volunteers).

Article 8. Organizer of voluntary (volunteer) activities

1. The organizer of voluntary (volunteer) activities can be state authorities, local governments, state and municipal institutions, organizational committees and other organizations that attract volunteers (volunteers) to carry out their functions independently or through voluntary (volunteer) organizations.

2. Organizer of voluntary (volunteer) activities:

1. participates in the implementation of voluntary (volunteer) programs;
2. posts in the volunteering information network information about volunteer vacancies available to the organizer of volunteering activities;
3. creates the necessary conditions for volunteers (volunteers) to carry out voluntary (volunteer) activities;
4. in the case of independently recruiting volunteers (volunteers), makes entries in the personal book of the volunteer (volunteer) about socially useful activities, place of work, number of hours worked, incentives, as well as additional training of volunteers (volunteers).

3. Only the organizer of voluntary (volunteer) activities, which is a government body, has the right to involve volunteers in performing hazardous types of work. In this case, the organizer of voluntary (volunteer) activities is obliged to insure the life and health of volunteers (volunteers) in the manner and under the conditions established by law for compulsory life and health insurance of military personnel.

Article 9. Volunteer (volunteer) organization

1. A voluntary (volunteer) organization implements voluntary (volunteer) programs and projects together with the organizer of voluntary (volunteer) activities, other voluntary (voluntary) organizations or independently.
2. A voluntary (volunteer) organization develops and conducts voluntary (volunteer) actions.
3. A voluntary (volunteer) organization attracts volunteers (volunteers) from the all-Russian register of volunteers (volunteers) or maintains its own register of volunteers (volunteers).
4. A volunteer organization instructs volunteers and appoints a volunteer coordinator who carries out activities in accordance with Article 10 of this Federal Law.
5. In the case of attracting volunteers (volunteers) to carry out its functions, the voluntary (volunteer) organization makes entries in the personal books of volunteers (volunteers) about socially useful activities, place of work, number of hours worked, incentives, as well as additional training of volunteers (volunteers).
6. For more qualified performance of voluntary (volunteer) activities, a volunteer (volunteer) organization has the right to attract organizations engaged in educational activities to conduct training for volunteers (volunteers), conduct special seminars, hearings, working meetings, meetings of volunteers (volunteers).
7. A volunteer organization submits nominations for awarding the most distinguished volunteers.
8. A volunteer organization issues special clothing and reimburses the volunteer’s expenses for travel, accommodation, food, purchase of necessary personal protective equipment, tools and other expenses if this is provided for in a written civil law agreement concluded with the volunteer (volunteer). .

Article 10. Volunteer coordinator

1. A volunteer coordinator is appointed by a volunteer organization responsible for the implementation of a volunteer program, project or action, from among the members of the volunteer organization.
2. In case of work in emergency zones, the volunteer coordinator is guided by the legislation of the Russian Federation, including regulatory legal acts of federal executive authorities in the field of civil defense, protection of the population and territories from emergency situations.
3. The coordinator of volunteers (volunteers) instructs volunteers (volunteers), distributes work between them, determines the place and scope of work of each volunteer (volunteer), and controls the performance of their work.
4. The volunteer coordinator interacts directly with state authorities, local governments, organizers of volunteer activities and other volunteer organizations.

Article 11. Rights and obligations of a volunteer (volunteer)

1. A volunteer (volunteer) has the right to:

1) free choice of one’s participation in voluntary (volunteer) activities;

2) free termination of voluntary (volunteer) activities at any time, unless otherwise provided by a civil contract concluded between a volunteer (volunteer) and a voluntary (volunteer) organization;

3) obtaining reliable information about the goals, objectives and content of voluntary (volunteer) activities, about the organizer of voluntary (volunteer) activities, about voluntary (volunteer) organizations, about their leadership, operating principles and organizational structure;

4) participation in information and educational programs and other events organized, initiated or recommended for the quality implementation of voluntary (volunteer) activities;

5) receipt of special clothing and reimbursement of expenses for travel, accommodation, food, purchase of necessary personal protective equipment, tools and other expenses if this is provided for in a written civil law agreement concluded with a volunteer;

6) receiving letters of recommendation from the organizer of voluntary (volunteer) activities and voluntary (volunteer) organizations, as well as making entries in the personal book of a volunteer (volunteer) about socially useful activities, place of work, number of hours worked, incentives, as well as additional training of volunteers (volunteers);

7) maintaining the confidentiality of personal data and other information transferred to the organizer of voluntary (volunteer) activities;

8) replacement of production (introductory) practice with voluntary (volunteer) activities, subject to confirmation of the completion of work by an entry in the personal book of the volunteer (volunteer) or other document;

9) compulsory insurance in the cases provided for by this Federal Law;

10) receiving gifts in kind from the organizer of volunteer activities, the value of which should not exceed the amount established by the legislation of the Russian Federation on taxes and fees.

2. A volunteer (volunteer) is obliged to:

1) conscientiously carry out the tasks received from the volunteer coordinator (volunteers), and upon completion of the work, notify the volunteer coordinator (volunteers) about its completion;

2) when carrying out voluntary (volunteer) activities, comply with the requirements established by this Federal Law, as well as the rules governing the implementation of a certain type of voluntary (volunteer) activity, with which the volunteer (volunteer) must be familiarized with the coordinator of volunteers (volunteers);

3) comply with labor protection requirements and not cause harm to third parties or the environment through their activities;

4) maintain the confidentiality of information to which a volunteer (volunteer) has access in the process of volunteering (volunteer) activities;

5) not transfer the performance of their duties to carry out voluntary (volunteer) activities to other persons without the consent of the volunteer coordinator (volunteers);

6) treat with care the material resources and equipment transferred to him in the process of carrying out voluntary (volunteer) activities, and return them upon completion of work.

Article 12. Legal conditions for the implementation of voluntary (volunteer) activities

1. Volunteer activities can be carried out by individuals, both registered and not registered as volunteers.
2. Registration of volunteers (volunteers) is carried out on a voluntary basis by the authorized body in accordance with the rules established by it.
3. Volunteer activities can be carried out both on the basis of a civil contract concluded between a volunteer (volunteer) and a voluntary (volunteer) organization, and without concluding one.
4. The civil law agreement specified in Part 3 of this article must be concluded in writing if the organizer of volunteer activities and the volunteer organization provide for the issuance of special clothing to volunteers and/or reimbursement of travel expenses of the volunteer. , accommodation, food, purchase of necessary personal protective equipment, tools and other costs.
5. The civil contract specified in Part 3 of this article is concluded with persons over 18 years of age. It can be concluded with persons who have reached the age of 16 years and are declared fully capable in accordance with the procedure established by the Civil Code of the Russian Federation. Persons who have reached the age of 14 may enter into this agreement with the written consent of their legal representatives.
6. The rights and obligations of a volunteer in his relations with third parties can be determined in a power of attorney issued by the organizer of volunteer activities.

Article 13. Volunteer activities of foreign citizens and stateless persons

1. Foreign citizens and stateless persons have the right to carry out voluntary (volunteer) activities on an equal basis with citizens of the Russian Federation. This type of activity on the territory of the Russian Federation is not regulated by the labor legislation of the Russian Federation, is not subject to quotas and does not require obtaining a work permit.

2. For foreign citizens newly arriving on the territory of the Russian Federation as volunteers, Federal Law may establish a special, simplified procedure for obtaining a visa.

Article 14. Procedure for registration of volunteers (volunteers) by the authorized body

1. Registration of volunteers (volunteers) is carried out by filling out an electronic application on the official website of the authorized body on the Internet information and telecommunications network (hereinafter referred to as the application).
2. Based on the results of filling out the application, the volunteer (volunteer) is automatically assigned a volunteer identification number (volunteer).
3. The application form is developed by the authorized body.
4. Based on the information received, the authorized body maintains an all-Russian register of volunteers.
5. All information contained in the all-Russian register of volunteers (volunteers) is personal data and cannot be transferred to third parties, except in cases provided for by the legislation of the Russian Federation.
6. Processing of information included in the all-Russian register of volunteers (volunteers), including storage, clarification (updating, changing), distribution, destruction, is carried out by the authorized body on the basis of an application from a volunteer (volunteer), submitted in electronic form, in accordance with the legislation of the Russian Federation about personal data.

Article 15. Personal book of a volunteer (volunteer)

1. The personal book of a volunteer (volunteer), along with the all-Russian register of volunteers (volunteers), is intended to record volunteers (volunteers) and contains information about the activities of the volunteer (volunteer), his incentives and additional training.
2. The form of the personal book of a volunteer (volunteer) is approved by the authorized body.
3. A personal book of a volunteer (volunteer) is issued by a body determined by the highest executive body of state power of a constituent entity of the Russian Federation, on the basis of a written application and the identification number of a volunteer (volunteer) contained in the all-Russian register of volunteers (volunteers).
4. The personal book of a volunteer (volunteer) is drawn up in Russian. If a republic that is part of the Russian Federation establishes its state language (state languages), at the expense of the budget of this republic, an additional page can be prepared and included in the personal book of a volunteer (volunteer), on which information about the identity of the volunteer (volunteer) is duplicated on the state language (state languages) of this republic.
5. The personal book of a volunteer (volunteer) must have an identification series and number, as well as a system of protection against unauthorized production and counterfeiting.

Article 16. Support for voluntary (volunteer) activities

When developing and implementing programs to support voluntary (volunteer) activities in accordance with this Federal Law, the following measures may be provided:

1. logistics and subsidies for voluntary (volunteer) organizations and organizers of voluntary (volunteer) activities that are not government bodies, local governments, state and municipal institutions;
2. full or partial exemption of volunteers (volunteers) from payment for state or municipal services in cases provided for by the legislation of the Russian Federation;
3. full or partial exemption of organizers of voluntary (volunteer) activities that are not state authorities, local governments, state and municipal institutions, and voluntary (volunteer) organizations from paying for the use of state or municipal property;
4. financing on a competitive basis of volunteer (volunteer) programs, volunteer (volunteer) events and volunteer (volunteer) actions;
5. granting priority right to purchase tickets for all types of transport when traveling to the place of volunteering activities;
6. other types of support that do not contradict the law.

Chapter 3. Powers of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments in the field of voluntary (volunteer) activities

Article 17. Powers of government bodies of the Russian Federation in the field of voluntary (volunteer) activities

The powers of government bodies of the Russian Federation in the field of voluntary (volunteer) activities include:

1. formation and implementation of state policy in the field of support of voluntary (volunteer) activities;
2. development and implementation of federal programs to support volunteer activities;
3. monitoring and analysis of financial, economic, social and other indicators of voluntary (volunteer) activities, corporate programs to support voluntary (volunteer) activities and the results of the implementation of such programs;
4. formation of mechanisms for promoting and popularizing the values ​​and practices of volunteerism in society;
5. promoting the development of international cooperation and exchange of experience in the field of volunteerism;
6. development of recommendations for institutions in the field of healthcare, education, social protection, culture, art and sports on the procedure for attracting voluntary (volunteer) organizations and volunteers (volunteers) to participate in the activities of these institutions;
7. other powers determined by the legislation of the Russian Federation in the field of supporting voluntary (volunteer) activities.

Article 18. Powers of state authorities of the constituent entities of the Russian Federation in the field of voluntary (volunteer) activities

The powers of state authorities of the constituent entities of the Russian Federation in the field of voluntary (volunteer) activities include:

1. participation in the implementation of state policy in the field of supporting voluntary (volunteer) activities;
2. development of mechanisms for supporting and stimulating voluntary (volunteer) activities at the regional level;
3. development and implementation of regional and intermunicipal programs to support voluntary (volunteer) activities, including support for mass youth voluntary (volunteer) actions;
4. issuance of a personal book of a volunteer (volunteer);

Article 19. Powers of local government bodies in the field of voluntary (volunteer) activities

The powers of local government bodies of municipal districts and urban districts in the field of voluntary (volunteer) activities include:

1. participation in the implementation of state policy in the field of supporting voluntary (volunteer) activities at the municipal level;
2. development of mechanisms for supporting and stimulating voluntary (volunteer) activities at the municipal level;
3. development and implementation of municipal programs to support voluntary (volunteer) activities, including support for mass youth voluntary (volunteer) actions on the territory of the relevant municipality;
4. creation of economic (financial) conditions for ensuring support and development of volunteerism at the municipal level;
5. other powers determined by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in the field of supporting voluntary (volunteer) activities.

Chapter 4. Final provisions

Article 21. Entry into force of this Federal Law

President of Russian Federation

Lawyer Vasily Romanets talks about whose hands are given a free hand by the wording of the bill on volunteerism submitted to the State Duma.

To paraphrase a well-known saying, we can say: whoever does not want (or did not want to be) a volunteer has no heart, and whoever wants (or would like) to make money from volunteers has no conscience. The desire to convert your energy into money or other income is not reprehensible, but it is unacceptable where happiness cannot be found in money and commerce is inappropriate.

The President of the Russian Federation has repeatedly drawn attention to the fact that volunteerism and volunteerism are “first of all, selfless and sincere service to noble and creative goals,” which has enormous social potential, which must be in demand.” Legislators should measure not seven, but seventy times before establishing the rules by which this area will develop. This is not difficult to do if you take seriously the criticisms and warnings of experts from NGOs who are well acquainted with the pitfalls in this area. There are a lot of such stones in the latest bill on volunteers (volunteers), they are named by name, but the subjects of the legislative initiative do not see them point blank.

Volunteers. Photo from the RUSAL Marathon page on VKontakte

The modern voluntary and voluntary movement, of course, needs regulation, no one argues with this, and the issue of a legal solution to this problem has been on the agenda of legislators since 2013. But the object of regulation is very unusual, standard approaches are not suitable for it, there are more questions than answers when discussing the next bill...

The first minus is declarative

The explanatory note to the bill states that “the task of the bill is to form a unified approach to regulating relations in the field of volunteerism (volunteering)” and it “equalizes the concepts of “volunteering” and “volunteering”, which will eliminate the contradictions that have developed to date between a number of regulatory legal acts in this area." The equalization is very simple: the authors put an equal sign between the concepts (waving a magic wand), declare them identical, and - lo and behold! – all the discrepancies, all the inconsistencies that experts have been struggling with since 2013 supposedly disappear.

However, no matter how much you repeat the word “halva”, your mouth will not become sweet. It’s the same story with volunteers and volunteers: no matter how much you put volunteers in brackets, the difference between them and volunteers remains. Actually, the term “volunteer” owes its appearance in 2007 precisely to the need to fix its difference from the term “volunteer”, and at the same time to distance itself from charitable activities (see Federal Law of December 1, 2007 No. 310-FZ “On the organization and holding of the XXII Olympic Games Winter Games and the XI Paralympic Winter Games 2014..."). In current legislation, the definitions of the terms “volunteer” and “volunteer” are enshrined in various federal laws and have two significant differences that cannot disappear just because the concepts have been declared identical:

1) scope of activity. Volunteers carry out their activities in the field of charity, volunteers act exclusively in the field of physical education and sports (with rare exceptions, possible subject to certain strict restrictions);

2) gratuitous activities. The activities of the “volunteer” are completely free of charge, this corresponds to such principles of charitable activities as selflessness and gratuitousness. The activities of a “volunteer” exclude the possibility of providing him with monetary compensation, but the law is silent about other forms of remuneration, therefore, non-monetary compensation is theoretically possible. This contradicts the principles of charitable activities and does not allow volunteers to engage in this activity.

The introduced bill, seeking equality between volunteers and volunteers, directly violates the principles of selflessness and gratuitousness, proposing to consolidate the right of a volunteer “to receive, in cases provided for by the legislation of the Russian Federation, support in the form of free, preferential or priority receipt of services provided by state or municipal institutions and organizations "(Clause 5 Part 1 of draft Article 17.1).

Photo: volunteerspobedy.rf

Thus, the technical identification of the terms “volunteer” and “volunteer”, which the bill proposes, does not eliminate contradictions, but adds new ones, which can lead to the emergence of two institutions with different legal status and different legal regulation, but... with an identical name.

By the way, the existing division of the terms “volunteer” and “volunteer” makes it possible to apply in practice the rules governing the legal status of these different institutions. There is no need to declare these terms identical. Of course, at the everyday level, in the media and at the level of government bodies (events, programs, correspondence) they are often interchanged, but this is not a reason to amend the law. And certainly not a criterion for the clarity of the legal framework.

Minus the second – sports-commercial

The bill proposes to extend charitable activities to professional sports; under the current law this is excluded.

What so unusual has happened to professional sports recently that it suddenly needs the assistance of philanthropists (not to be confused with sponsors!) on equal terms with the children's yard team, the authors of the bill kept silent. But this change fundamentally contradicts the essence of charitable activities, because “professional sports competitions” and “professional sports”, in fact, are entrepreneurial activities (see paragraphs 10.3, 11, article 2 of the Federal Law of December 4, 2007 No. 329 -FZ “On Physical Culture and Sports in the Russian Federation”).

Minus the third – organizational-party

According to current legislation, volunteer activities can be carried out exclusively within the framework of charitable activities, as the most consistent with the very nature of volunteering. The authors of the new bill seem to have doubted this and are proposing a new definition of the term “voluntary (volunteer) organization,” adding to the list of non-profit organizations that can engage in charitable activities, autonomous non-profit organizations (ANO) and associations (unions). But it’s no secret to anyone—certainly to lawyers—that neither autonomous non-profit organizations, nor associations, nor unions are intended for charitable activities and cannot engage in them. Experts have drawn attention to this error more than once or twice in previous bills, but the authors again include autonomous non-profit organizations and associations (unions) in the draft norm. For what? Unclear.

It is also unclear where the direct clause regarding political parties, which also cannot be voluntary (volunteer) organizations, went. It is curious that at the stage of public discussion of the bill on the regulation.gov.ru portal there was this clause, but it is not in the text of the bill submitted to the Duma for consideration. The reservation was not accepted into the Duma! It follows from this that there is no prohibition and that political parties can attract volunteers. What prospects are opening up! But they have nothing to do with either charity or the field of physical education and sports. And this is another very serious contradiction to current legislation.

Minus four – corruption

The bill proposes a definition of “organizer of voluntary (volunteer) activity,” which practically coincides with the term “voluntary (volunteer) organization.” The only difference is that only NPOs can be an organization, and the organizer can be citizens (i.e. individuals), any organizations (both non-profit and commercial), state authorities and local governments.

At the same time, there are no differences in the activities of the organization and the organizer: both of them attract volunteers (volunteers) on a permanent or temporary basis, and both of them have the right to manage their activities.

To be honest, allowing commercial organizations to organize voluntary and voluntary activities is no longer a minus, but a real mine (!), by the way, not a very slow-acting one. It seems that the authors of the bill completely forgot that the main purpose of commercial organizations is to make a profit, and this is not at all the way with volunteers. Moreover, this creates serious risks of abuse, in particular when registering actual employees of the organization as volunteers and evading taxes and payroll fees.

In addition, the authors of the document, apparently, lost sight of the fact that the activities of commercial organizations, just like the activities of state authorities and local governments (which are also kindly invited to be among the volunteer organizers), are not aimed at achieving socially beneficial goals. Both commercial organizations and government bodies at various levels solve other problems - also important, but different, and therefore require revision of Part 4 of the draft Article 17.1.

But that's not all. As a “cherry on the cake,” the reform allows for the provision of state support to “organizers of voluntary (volunteer) activities,” including commercial organizations, state authorities and local governments... What prospects threaten to open up! True, the forms of support are not yet specified in the bill, but this is no longer important.

The fifth minus is terminological

And finally, the last, at first glance not particularly noticeable, but very important, even iconic detail. The text of the bill uses terminology that is not applicable to the field of volunteerism, namely the term “labor” (see part 7 of article 5, paragraph 7 of part 1 of the draft article 17.1). In accordance with the Labor Code of the Russian Federation (Article 15), labor relations are a priori remunerative, and therefore cannot be applied to the activities of a citizen as a volunteer.

The adoption of the document in its current version will lead to the “nationalization” of the sphere of volunteering, create opportunities for abuse of law and corruption and, ultimately, discredit volunteering as a type of charitable activity. According to current legislation, only NPOs can attract volunteers, and this is not accidental. Any attempt to exploit volunteers, especially based on the law, will very quickly nullify that very “colossal social potential”, which, according to the President of the Russian Federation, must necessarily be in demand.

What kind of clear legal basis for the activities of NGOs can we talk about when, according to the bill, anyone who wants to become an organizer of volunteer activities, be it an individual or a legal entity, or even some kind of political party! Where are the guarantees that they will not use volunteers for their personal interests? There are no such guarantees in the bill. But there are numerous deviations from the current legislation, which objectively lead to a worsening of the situation in the field of volunteering.

Photo: volunteer squad “Ashes of Chernobyl”

It turns out that as a result of the president’s demand for the need to remove all barriers to the development of volunteerism, the authors of the document removed barriers for everyone who wants to have access to this sacred cause. Regardless of the intentions that guide those who want to manage volunteers and volunteers.

Nowadays, many young people, schoolchildren and students are involved in volunteer and voluntary projects. Without a doubt, they are attracted by “selfless and sincere service to noble and creative goals,” but in legal terms, young people are often defenseless. Therefore, the task of legislators is not to worry about the interests of those who want to organize, manage and receive state support for volunteers, but to worry about ensuring that young people always have the opportunity and conditions to direct their energy truly towards these very “noble and creative goals” .

Vasily Romanets- expert of the Association “Lawyers for Civil Society”. The Association provides legal support and assistance to all non-profit organizations in Russia. The non-profit partnership of professional lawyers has existed since 2006 in Moscow, and now the association operates throughout Russia.