О коллизии норм гражданского законодательства в части определения порядка управления автономной некоммерческой организацией

Abstract

Introduction. The article is devoted to the comparative legal analysis of the civil legislation norms establishing the requirements to the management of an autonomous non-profit organisation, which allowed us to identify the conflict of certain provisions of the Civil Code of the Russian Federation and the Federal Law ‘On Non-Profit Organisations’. Resolving the identified contradictions requires amendments to the special legislation on non-profit organisations to bring it into line with the requirements of the Civil Code of the Russian Federation. The aim of the work is to propose improvements to the Russian legislation on non-profit organisations, in particular, determining the procedure for managing autonomous non-profit organisations. Methods. When writing the article, the author used the dialectical method of cognition, general scientific methods of cognition, namely, analysis and synthesis, as well as such specific scientific methods as comparative-legal, formal-logical and other methods. Results. Based on the study of the norms of the Civil Code of the Russian Federation and the Federal Law ‘On Non-Profit Organisations’, the measures to resolve the identified conflict regarding the definition of management of an autonomous non-profit organisation are proposed. Guided by the principle of priority of a codified normative act, the author proposes to exclude from the Federal Law ‘On Non-Profit Organisations’ the norms that contradict the Civil Code of the Russian Federation, which will make it possible to distinguish the competing norms of the above legal acts and preserve the norms concerning public legal aspects of the status of a non- profit society.