Public benefit status in international legislation

Abstract

The article aims at analyzing international legislation approaches to defining the public benefit status which entitles nongovernmental noncommercial organizations to government support. International definitions of public benefit status are examined in comparison with major provisions of the Russian law on socially oriented NGOs. The analysis focused on the following key components of the public benefit status: the concept and goals of public benefi t activity, legislative and statutory approaches to the status of public benefit organizations, regulation of public benefit organizations activity, benefits and responsibilities of public benefit organizations.

The analysis has identified essential lacunas in Russian legislation which are mostly associated with the conditions of regulating activities of socially oriented NGOs receiving government support.

The article makes a conclusion that a holistic, systemic approach to the legal definition of the status of socially oriented NGOs in the Russian law, primarily addressing the identified lacunas, is an essential condition of improving the effectiveness of government support for socially oriented organizations in Russia.

Suggested recommendations on improving the legal definition of the status of socially oriented organizations include: a more specified description of types of public benefit activity; the establishment of a government body charged with awarding and withdrawing the status of socially oriented organizations and monitоring their activities; a specific list of criteria for an organization to receive the status of socially oriented and the term during which this status is valid; the responsibility for socially oriented organizations to make their reporting open to public access.

The annex contains the typology of public benefit activities and regulating bodies in European countries.