Director of a municipal autonomous institution. Features of autonomous state (municipal) institutions. Tatyana Sergeevna, AU "Ugra Chess Academy"

Chapter 1. General Provisions

Article 1. Relations regulated by this Federal Law

1. Real the federal law determines in accordance with the Civil Code Russian Federation legal status autonomous institutions, the procedure for their creation, reorganization and liquidation, goals, the procedure for the formation and use of their property, the basics of managing autonomous institutions, the basics of relations between autonomous institutions with their founders, with participants in civil circulation, the responsibility of autonomous institutions for their obligations.

2. For autonomous institutions operating in the areas specified in Part 1 of Article 2 of this Federal Law, federal laws may determine the specifics of the regulation of relations specified in Part 1 of this Article.

Article 2. Autonomous institution

1. An autonomous institution is recognized as a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity to perform work, provide services for the purpose of exercising the powers of state authorities, the powers of state authorities provided for by the legislation of the Russian Federation local government in the fields of science, education, healthcare, culture, social protection, employment, physical education and sports.

2. An autonomous institution is a legal entity and, on its own behalf, may acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court.

3. Autonomous institution in in due course the right to open accounts in credit institutions.

4. An autonomous institution shall be liable for its obligations with the property assigned to it, with the exception of immovable property and especially valuable movable property assigned to it by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of this property.

5. The owner of the property of an autonomous institution shall not be liable for the obligations of the autonomous institution.

6. An autonomous institution shall not be liable for the obligations of the owner of the property of an autonomous institution.

7. An autonomous institution carries out its activities in accordance with the subject and goals of its activities, determined by federal laws and the charter, by performing work, rendering services in the areas specified in part 1 of this article.

8. The income of an autonomous institution shall be at its independent disposal and used by it to achieve the goals for which it was created, unless otherwise provided by this Federal Law.

9. The owner of the property of an autonomous institution shall not have the right to receive income from the activities carried out by the autonomous institution and the use of the property assigned to the autonomous institution.

10. Every year, an autonomous institution is obliged to publish reports on its activities and on the use of property assigned to it in the manner established by the Government of the Russian Federation, in the media determined by the founder of the autonomous institution.

11. An autonomous institution is obliged to keep accounting records, submit financial statements and statistical reporting in the manner prescribed by the legislation of the Russian Federation.

12. An autonomous institution provides information about its activities to state statistics bodies, tax authorities, other bodies and persons in accordance with the legislation of the Russian Federation and its charter.

13. An autonomous institution ensures the openness and availability of the following documents:

1) the charter of the autonomous institution, including amendments made to it;

2) certificate of state registration autonomous institution;

3) the founder's decision to establish an autonomous institution;

4) the decision of the founder on the appointment of the head of the autonomous institution;

5) regulations on branches, representative offices of an autonomous institution;

6) documents containing information on the composition of the supervisory board of the autonomous institution;

7) financial plan economic activity autonomous institution;

8) the annual financial statements of the autonomous institution;

9) an auditor's report on the authenticity of the annual financial statements of the autonomous institution.

Article 3. Property of an Autonomous Institution

1. The property of an autonomous institution is assigned to it on the basis of the right of operational management in accordance with the Civil Code of the Russian Federation. The owner of the property of an autonomous institution is, respectively, the Russian Federation, a subject of the Russian Federation, a municipal formation.

2. An autonomous institution, without the consent of the founder, is not entitled to dispose of immovable property and especially valuable movable property assigned to it by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of this property. The rest of the property, including real estate, the autonomous institution has the right to dispose of independently, unless otherwise provided by part 6 of this article.

3. For the purposes of this Federal Law, especially valuable movable property means property without which the implementation of its statutory activities by an autonomous institution will be significantly hampered. The types of such property are determined in the manner established by the Government of the Russian Federation.

4. The decision of the founder to classify the property as a particularly valuable movable property shall be made simultaneously with the decision to assign the said property to an autonomous institution or to allocate funds for its acquisition.

5. Real estate assigned to an autonomous institution or acquired by an autonomous institution at the expense of funds allocated to it by the founder for the acquisition of this property, as well as especially valuable movable property located at the autonomous institution, shall be subject to separate accounting in accordance with the established procedure.

6. An autonomous institution has the right to contribute monetary funds and other property to the authorized (share) capital of other legal entities or otherwise transfer this property to other legal entities as their founder or participant only with the consent of its founder.

7. The land plot necessary for the fulfillment by an autonomous institution of its statutory tasks is provided to it on the basis of the right of permanent (unlimited) use.

8. Objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, cultural values, Natural resources(with the exception of land plots) restricted for use in civil circulation or withdrawn from civil circulation are assigned to an autonomous institution on the terms and in the manner determined by federal laws and other regulatory legal acts of the Russian Federation.

Article 4. Types of activities of an autonomous institution

1. The main activity of an autonomous institution is the activity directly aimed at achieving the goals for which the autonomous institution was created.

2. The founder sets tasks for the autonomous institution in accordance with the main activity provided for by its charter. An autonomous institution, in accordance with the tasks of the founder and obligations to the insurer under compulsory social insurance, carries out activities related to the performance of work, the provision of services, partially for a fee or free of charge.

3. The founder carries out financial security fulfillment of the task, taking into account the costs of maintaining real estate and especially valuable movable property assigned to the autonomous institution by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of such property, the costs of paying taxes, for which the relevant property is recognized as an object of taxation , including land, as well as financial support for the development of autonomous institutions within the framework of programs approved in the prescribed manner. In the case of leasing, with the consent of the founder, immovable property or especially valuable movable property assigned to an autonomous institution by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of such property, the founder does not provide financial support for the maintenance of such property by the founder.

4. Financial support for the activities specified in parts 1 and 2 of this article is carried out in the form of subventions and subsidies from the relevant budget of the budgetary system of the Russian Federation and other sources not prohibited by federal laws.

5. The conditions and procedure for the formation of the task of the founder and the procedure for financial support for the implementation of this task are determined by:

2) the highest executive body of state power of a constituent entity of the Russian Federation in relation to autonomous institutions created on the basis of property owned by a constituent entity of the Russian Federation;

3) local administration in relation to autonomous institutions created on the basis of property owned by the municipality.

6. In addition to the tasks of the founder and obligations specified in Part 2 of this Article, an autonomous institution, at its discretion, has the right to perform work, provide services related to its main activity, for citizens and legal entities for a fee and on the same conditions for the provision of homogeneous services in the manner established by federal laws.

7. An autonomous institution has the right to carry out other types of activity only insofar as it serves the achievement of the goals for which it was created, provided that such types of activity are indicated in its charter.

Chapter 2. Creation of an Autonomous Institution

Article 5 Establishment of an Autonomous Institution

1. An autonomous institution may be created by founding it or by changing the type of an existing state or municipal institution.

2. The decision to create an autonomous institution on the basis of federally owned property is taken by the Government of the Russian Federation on the basis of proposals from federal executive bodies, unless otherwise provided by a regulatory legal act of the President of the Russian Federation.

3. The decision to create an autonomous institution on the basis of property owned by a constituent entity of the Russian Federation or in municipal ownership is taken by the highest executive body of state power of a constituent entity of the Russian Federation or local administration municipality.

4. The decision to create an autonomous institution by changing the type of an existing state or municipal institution shall be taken on the initiative or with the consent of the state or municipal institution, unless such a decision entails a violation of the constitutional rights of citizens, including the right to receive free education, the right to participate in cultural life.

5. The Government of the Russian Federation may establish additional conditions for making a decision on the creation of a federal autonomous institution by changing the type of an existing public institution. The Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation or the local administration of a municipal formation may determine lists of state or municipal institutions, whose type cannot be changed.

6. A proposal to create an autonomous institution by changing the type of an existing state or municipal institution shall be prepared by the executive body of state power or the body of local self-government, which is in charge of the relevant state or municipal institution, in agreement with the executive body of state power or the body of local self-government, which are entrusted with management of state or municipal property. This proposal is prepared by such a body on the initiative or with the consent of a state or municipal institution.

7. A proposal to create an autonomous institution by changing the type of an existing state or municipal institution, submitted in the form prescribed by the Government of the Russian Federation, must contain:

1) justification for the creation of an autonomous institution, including taking into account the possible socio-economic consequences of its creation, the accessibility of such an institution to the population and the quality of the work performed by it, the services provided to it;

2) information about the approval of a change in the type of an existing state or municipal institution by the highest collegial body of this institution, if such a body exists;

3) information about the property that is in the operational management of the relevant state or municipal institution;

4) information about other property to be transferred to operational management an autonomous institution being created;

5) other information.

8. The procedure for considering proposals for the creation of autonomous institutions by changing the type of existing state or municipal institutions is determined by the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, or the local administration of a municipal formation.

9. The decision to create an autonomous institution by changing the type of an existing state or municipal institution must contain:

1) information about the body vested with the powers of the founder of the autonomous institution being created and responsible for carrying out measures to create an autonomous institution;

2) information about the property assigned to the autonomous institution, including a list of immovable property and particularly valuable movable property;

3) a list of measures to create an autonomous institution with an indication of the timing of their implementation.

10. The property (including monetary funds) assigned to an autonomous institution upon its creation must be sufficient to enable it to carry out the activities provided for by its charter and be liable for the obligations incurred by the state or municipal institution before its type was changed.

11. When creating an autonomous institution by changing the type of an existing state or municipal institution, it is not allowed to withdraw or reduce the property (including monetary funds) assigned to the state or municipal institution.

12. An autonomous institution created by changing the type of an existing state or municipal institution shall have the right to carry out the types of activities provided for by its charter on the basis of a license, as well as a certificate of state accreditation, other permits issued to the relevant state or municipal institution before the expiration of such documents. At the same time, it is not required to reissue documents confirming the availability of licenses in accordance with Article 11 of the Federal Law of August 8, 2001 N 128-FZ "On Licensing certain types activities" and reissuance of other permits.

13. If the authorized body decides to create an autonomous institution by changing the type of an existing state or municipal institution, the rules of paragraphs 1 and 2 of Article 60 of the Civil Code of the Russian Federation shall apply.

14. The creation of an autonomous institution by changing the type of an existing state or municipal institution is not its reorganization. When changing the type of an existing state or municipal institution, appropriate changes are made to its charter.

Section 6. Founder of an Autonomous Institution

1. The founder of an autonomous institution is:

1) the Russian Federation in relation to an autonomous institution that was created on the basis of federally owned property;

2) a constituent entity of the Russian Federation in relation to an autonomous institution established on the basis of property owned by a constituent entity of the Russian Federation;

3) a municipal entity in relation to an autonomous institution that has been established on the basis of property owned by the municipality.

2. An autonomous institution may have only one founder.

3. Unless otherwise established by federal laws or a regulatory legal act of the President of the Russian Federation, the functions and powers of the founder of an autonomous institution provided for by this Federal Law shall be exercised:

1) by the federal executive body in respect of an autonomous institution created on the basis of federally owned property, in the manner determined by the Government of the Russian Federation;

2) by the executive body of state power of a constituent entity of the Russian Federation in relation to an autonomous institution created on the basis of property owned by a constituent entity of the Russian Federation, in the manner determined by the highest executive body of state power of a constituent entity of the Russian Federation;

3) by a local self-government body in relation to an autonomous institution created on the basis of property owned by a municipal formation, in the manner determined by the local administration.

Article 7

1. The founding document of an autonomous institution is the charter approved by its founder.

2. The charter of an autonomous institution must contain the following information:

1) the name of the autonomous institution, which includes the words "autonomous institution" and contains an indication of the nature of its activities, as well as the owner of its property;

2) location of the autonomous institution;

3) information about the body exercising the functions and powers of the founder of an autonomous institution;

4) the object and objectives of the activities of the autonomous institution;

5) an exhaustive list of activities that an autonomous institution is entitled to carry out in accordance with the goals for which it was created;

6) information about branches, representative offices of the autonomous institution;

7) the structure, competence of the bodies of the autonomous institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies;

8) other information provided for by federal laws.

Chapter 3. Autonomous Management

institution

Article 8 Bodies of an Autonomous Establishment

1. The structure and competence of the bodies of an autonomous institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies are determined by the charter of the autonomous institution in accordance with this Federal Law and other federal laws.

2. The bodies of an autonomous institution are the supervisory board of the autonomous institution, the head of the autonomous institution, as well as other bodies provided for by federal laws and the charter of the autonomous institution (general meeting (conference) of employees of the autonomous institution, academic council, artistic council, and others).

Article 9

The competence of the founder in the field of management of an autonomous institution includes:

1) approval of the charter of an autonomous institution, introduction of amendments to it;

2) consideration and approval of the proposals of the head of the autonomous institution on the creation and liquidation of branches of the autonomous institution, on the opening and closing of its representative offices;

3) reorganization and liquidation of an autonomous institution, as well as changing its type;

4) approval of the deed of transfer or separation balance sheet;

5) appointment of a liquidation commission and approval of interim and final liquidation balance sheets;

6) the appointment of the head of an autonomous institution and the termination of his powers, as well as the conclusion and termination of employment contract with him, unless federal laws provide for a different procedure for appointing a head and terminating his powers and (or) concluding and terminating an employment contract with him for organizations in the relevant field of activity;

7) consideration and approval of the proposals of the head of an autonomous institution on transactions with the property of an autonomous institution in cases where, in accordance with Parts 2 and 6 of Article 3 of this Federal Law, the consent of the founder of an autonomous institution is required for such transactions;

8) resolution of other issues provided for by this Federal Law.

Section 10. Supervisory Board of an Autonomous Institution

1. An autonomous institution shall have a supervisory board consisting of no less than five and no more than eleven members. The supervisory board of an autonomous institution includes representatives of the founder of the autonomous institution, representatives executive bodies state authorities or representatives of local self-government bodies entrusted with the management of state or municipal property, and members of the public, including persons with merits and achievements in the relevant field of activity. The supervisory board of an autonomous institution may include representatives of other state bodies, local self-government bodies, representatives of employees of the autonomous institution. The number of representatives of state bodies and local self-government bodies in the composition of the supervisory board must exceed one third of the total number of members of the supervisory board of the autonomous institution. The number of representatives of employees of an autonomous institution may not exceed one third of the total number of members of the supervisory board of the autonomous institution.

2. The term of office of the supervisory board of an autonomous institution shall be established by the charter of the autonomous institution, but may not exceed five years.

3. One and the same person may be a member of the supervisory board of an autonomous institution an unlimited number of times.

4. The head of an autonomous institution and his deputies may not be members of the supervisory board of an autonomous institution.

5. Members of the supervisory board of an autonomous institution may not be persons with an unexpunged or outstanding conviction.

6. An autonomous institution shall not be entitled to pay remuneration to the members of the supervisory board of an autonomous institution for the performance of their duties, with the exception of compensation for documented expenses directly related to participation in the work of the supervisory board of an autonomous institution.

7. Members of the supervisory board of an autonomous institution may use the services of an autonomous institution only on equal terms with other citizens.

8. The decision on the appointment of members of the supervisory board of an autonomous institution or early termination of their powers shall be made by the founder of the autonomous institution. The decision to appoint a representative of employees of an autonomous institution as a member of the supervisory board or to terminate his powers ahead of time shall be made in the manner prescribed by the charter of the autonomous institution.

9. The powers of a member of the supervisory board of an autonomous institution may be terminated early:

1) at the request of a member of the supervisory board of an autonomous institution;

2) if a member of the supervisory board of an autonomous institution is unable to perform his duties due to health reasons or due to his absence from the location of the autonomous institution for four months;

3) if a member of the supervisory board of an autonomous institution is held criminally liable.

10. The powers of a member of the supervisory board of an autonomous institution who is a representative of a state body or local self-government body and is in labor relations with this body may also be terminated ahead of schedule in the event of termination labor relations.

11. Vacancies created in the Supervisory Board of an Autonomous Institution due to the death or early termination of the powers of its members shall be filled for the remaining term of office of the Supervisory Board of the Autonomous Institution.

12. The chairman of the supervisory board of an autonomous institution is elected for the term of office of the supervisory board of an autonomous institution by the members of the supervisory board from among them by a simple majority vote of the total number of votes of the members of the supervisory board of the autonomous institution.

13. A representative of employees of an autonomous institution may not be elected chairman of the supervisory board of an autonomous institution.

14. The supervisory board of an autonomous institution has the right to re-elect its chairman at any time.

15. The chairman of the supervisory board of an autonomous institution organizes the work of the supervisory board of an autonomous institution, convenes its meetings, chairs them and organizes the keeping of minutes.

16. In the absence of the chairman of the supervisory board of an autonomous institution, his functions shall be performed by the eldest member of the supervisory board of the autonomous institution, with the exception of the representative of the employees of the autonomous institution.

Section 11. Competence of the Supervisory Board of an Autonomous Institution

1. The supervisory board of an autonomous institution considers:

1) the proposals of the founder or head of the autonomous institution to amend the charter of the autonomous institution;

2) proposals of the founder or head of an autonomous institution on the creation and liquidation of branches of an autonomous institution, on the opening and closing of its representative offices;

3) proposals of the founder or head of the autonomous institution regarding the reorganization of the autonomous institution or its liquidation;

4) proposals of the founder or head of the autonomous institution on the seizure of property assigned to the autonomous institution on the right of operational management;

5) proposals of the head of an autonomous institution on the participation of an autonomous institution in other legal entities, including the contribution of funds and other property to the authorized (share) capital of other legal entities or the transfer of such property in another way to other legal entities, as a founder or participant;

6) a draft plan for the financial and economic activities of an autonomous institution;

7) upon submission of the head of the autonomous institution, draft reports on the activities of the autonomous institution and on the use of its property, on the implementation of the plan for its financial and economic activities, the annual financial statements of the autonomous institution;

8) proposals of the head of an autonomous institution to conclude transactions for the disposal of property, which, in accordance with Parts 2 and 6 of Article 3 of this Federal Law, the autonomous institution is not entitled to dispose of independently;

9) proposals of the head of an autonomous institution on major transactions;

10) proposals of the head of an autonomous institution on making transactions in which there is an interest;

11) proposals of the head of the autonomous institution on the choice of credit institutions in which the autonomous institution may open bank accounts;

12) issues of conducting an audit of the annual financial statements of an autonomous institution and approving an audit organization.

2. The Supervisory Board of the Autonomous Institution shall make recommendations on the issues specified in paragraphs 1-5 and 8 of paragraph 1 of this article. The founder of the Autonomous Institution shall take decisions on these issues after considering the recommendations of the Supervisory Board of the Autonomous Institution.

3. The Supervisory Board of an autonomous institution shall issue an opinion on the issue specified in paragraph 6 of paragraph 1 of this article, a copy of which shall be sent to the founder of the autonomous institution. The supervisory board of an autonomous institution shall issue an opinion on the issue specified in paragraph 11 of paragraph 1 of this section. The head of the autonomous institution shall take decisions on these issues after considering the conclusions of the supervisory board of the autonomous institution.

4. Documents submitted in accordance with paragraph 7 of part 1 of this article shall be approved by the supervisory board of the autonomous institution. Copies of these documents shall be sent to the founder of the autonomous institution.

5. The Supervisory Board of an Autonomous Institution shall take decisions on the issues specified in Clauses 9, 10 and 12 of Part 1 of this Article, which are binding on the head of the Autonomous Institution.

7. Decisions on the issues referred to in clauses 9 and 12 of paragraph 1 of this Article shall be taken by the supervisory board of an autonomous institution by a two-thirds majority of the total number of votes of the members of the supervisory board of the autonomous institution.

8. A decision on the issue specified in clause 10 of part 1 of this article is taken by the supervisory board of an autonomous institution in the manner prescribed by parts 1 and 2 of article 17 of this Federal Law.

9. Issues falling within the competence of the supervisory board of an autonomous institution in accordance with paragraph 1 of this article may not be referred to other bodies of the autonomous institution.

10. At the request of the Supervisory Board of an Autonomous Institution or any of its members, other bodies of the Autonomous Institution shall be obliged to provide information on issues within the competence of the Supervisory Board of the Autonomous Institution.

Article 12

1. Meetings of the supervisory board of an autonomous institution are held as necessary, but at least once a quarter.

2. A meeting of the supervisory board of an autonomous institution is convened by its chairman on his own initiative, at the request of the founder of the autonomous institution, a member of the supervisory board of the autonomous institution or the head of the autonomous institution.

3. The procedure and terms for preparing, convening and holding meetings of the supervisory board of an autonomous institution are determined by the charter of the autonomous institution.

4. The head of the autonomous institution shall have the right to participate in a meeting of the supervisory board of an autonomous institution. Other persons invited by the Chairman of the Supervisory Board of the Autonomous Institution may participate in the meeting of the Supervisory Board of the Autonomous Institution, unless more than one third of the total number of members of the Supervisory Board of the Autonomous Institution object to their presence.

5. A meeting of the Supervisory Board of an Autonomous Institution shall be valid if all members of the Supervisory Board of the Autonomous Institution have been notified of the time and place of the meeting and more than half of the members of the Supervisory Board of the Autonomous Institution are present at the meeting. A member of the supervisory board of an autonomous institution may not transfer his or her vote to another person.

6. The charter of an autonomous institution may provide for the possibility of taking into account the written opinion of a member of the supervisory board of an autonomous institution who is absent from its meeting due to good reason, when determining the presence of a quorum and voting results, as well as the possibility of making decisions by the supervisory board of an autonomous institution by absentee voting. The specified procedure cannot be applied when making decisions on the issues provided for in paragraphs 9 and 10 of Part 1 of Article 11 of this Federal Law.

7. Each member of the supervisory board of an autonomous institution shall have one vote in voting. In case of equality of votes, the vote of the Chairman of the Supervisory Board of the Autonomous Institution shall be decisive.

8. The first meeting of the supervisory board of an autonomous institution after its creation, as well as the first meeting of the new composition of the supervisory board of an autonomous institution, shall be convened at the request of the founder of the autonomous institution. Before the election of the chairman of the supervisory board of the autonomous institution, such meeting shall be chaired by the oldest member of the supervisory board of the autonomous institution, except for the representative of the employees of the autonomous institution.

Section 13. Head of an Autonomous Institution

1. The competence of the head of an autonomous institution (director, general director, rector, chief physician, artistic director, manager, etc.) includes the issues of current management of the activities of an autonomous institution, with the exception of issues referred by federal laws or the charter of an autonomous institution to the competence of the founder of an autonomous institution. , the Supervisory Board of the Autonomous Institution or other bodies of the Autonomous Institution.

2. The head of an autonomous institution, without a power of attorney, acts on behalf of the autonomous institution, including representing its interests and making transactions on its behalf, approves staffing autonomous institution, the plan of its financial and economic activities, its annual financial statements and internal documents regulating the activities of the autonomous institution, issues orders and gives instructions that are binding on all employees of the autonomous institution.

Article 14. Major transactions

For the purposes of this Federal Law, a major transaction is a transaction related to the disposal of funds, the attraction of borrowed funds, the alienation of property (which, in accordance with this Federal Law, an autonomous institution has the right to dispose of independently), as well as the transfer of such property for use or as a pledge, provided that the price of such a transaction or the value of the alienated or transferred property exceeds ten percent of the book value of the autonomous institution's assets, determined on the basis of its financial statements as of the last reporting date, unless the charter of the autonomous institution provides for a smaller amount of a major transaction.

Article 15. The procedure for making major transactions and the consequences of its violation

1. A major transaction is made with the prior approval of the supervisory board of an autonomous institution. The supervisory board of an autonomous institution is obliged to consider the proposal of the head of the autonomous institution to conclude a major transaction within fifteen calendar days from the moment such proposal is received by the chairman of the supervisory board of the autonomous institution, unless the charter of the autonomous institution provides for a shorter period.

2. A major transaction made in violation of the requirements of this article may be declared invalid at the suit of an autonomous institution or its founder, if it is proved that the other party to the transaction knew or should have known about the lack of approval of the transaction by the supervisory board of the autonomous institution.

3. The head of an autonomous institution shall be liable to the autonomous institution in the amount of losses caused to the autonomous institution as a result of making a major transaction in violation of the requirements of this article, regardless of whether this transaction has been declared invalid.

Section 16. Interest in a Transaction by an Autonomous Institution

1. For the purposes of this Federal Law, members of the supervisory board of the autonomous institution, the head of the autonomous institution and his deputies are recognized as persons interested in the conclusion of transactions by an autonomous institution with other legal entities and citizens, subject to the conditions specified in Part 3 of this Article.

2. The procedure established by this Federal Law for the conclusion of transactions in which there is an interest shall not apply to the conclusion of transactions related to the performance of work by an autonomous institution, the provision of services by it in the course of its ordinary statutory activities, on conditions that do not materially differ from the conditions for making similar transactions.

3. A person is recognized as interested in the transaction if he, his spouse (including the former), parents, grandparents, children, grandchildren, full and half brothers and sisters, as well as cousins and sisters, uncles, aunts (in including brothers and sisters of the adoptive parents of this person), nephews, adoptive parents, adopted:

1) are a party to the transaction, beneficiary, intermediary or representative;

2) own (each individually or in aggregate) twenty or more percent of voting shares joint-stock company or more than twenty percent of the authorized capital of a limited or additional liability company, or are the sole or one of no more than three founders of another legal entity, which in the transaction is the counterparty of the autonomous institution, beneficiary, intermediary or representative;

3) hold positions in the management bodies of a legal entity that is a counterparty of an autonomous institution, beneficiary, intermediary or representative in a transaction.

4. Prior to making a transaction, an interested person shall be obliged to notify the head of the autonomous institution and the supervisory board of the autonomous institution of a transaction being made known to him or a proposed transaction known to him, in which he may be recognized as an interested party.

Article 17

1. An interested party transaction may be entered into with the prior approval of the supervisory board of an autonomous institution. The supervisory board of an autonomous institution is obliged to consider a proposal to conclude an interested party transaction within fifteen calendar days from the moment such proposal is received by the chairman of the supervisory board of the autonomous institution, unless the charter of the autonomous institution provides for a shorter period.

2. The decision to approve a transaction in which there is an interest is made by a majority vote of the members of the supervisory board of an autonomous institution who are not interested in making this transaction. If the persons interested in making a transaction constitute the majority in the supervisory board of an autonomous institution, the decision to approve the transaction in which there is an interest is made by the founder of the autonomous institution.

3. A transaction in which there is an interest and which was concluded in violation of the requirements of this article may be declared invalid at the suit of an autonomous institution or its founder, unless the other party to the transaction proves that it did not know and could not have known about the existence of a conflict of interest in regarding this transaction or about the lack of its approval.

4. An interested person who has violated the duty provided for by Part 4 of Article 16 of this Federal Law shall be liable to the autonomous institution in the amount of losses caused to him as a result of a transaction in which there is an interest, in violation of the requirements of this Article, regardless of whether it was whether this transaction is declared invalid, if it does not prove that it did not know and could not know about the proposed transaction or about its interest in its completion. The same responsibility shall be borne by the head of an autonomous institution who is not a person interested in making a transaction in which there is an interest, unless he proves that he did not know and could not know about the existence of a conflict of interest in relation to this transaction.

5. If several persons are liable for losses caused to an autonomous institution as a result of an interested-party transaction in violation of the requirements of this article, their liability shall be joint and several.

Chapter 4. Reorganization and liquidation of an autonomous institution, changing its type

Article 18. Reorganization of an autonomous institution and change of its type

1. An autonomous institution may be reorganized in the cases and in the manner provided for by the Civil Code of the Russian Federation, this Federal Law and other federal laws.

2. The reorganization of an autonomous institution may be carried out in the form of:

1) the merger of two or more autonomous institutions;

2) accession to an autonomous institution of one institution or several institutions of the corresponding form of ownership;

3) division of an autonomous institution into two institutions or several institutions of the corresponding form of ownership;

4) separation from an autonomous institution of one institution or several institutions of the corresponding form of ownership.

3. Autonomous institutions may be reorganized in the form of a merger or accession if they are created on the basis of the property of the same owner.

4. An autonomous institution may be reorganized if this does not entail a violation of the constitutional rights of citizens in the socio-cultural sphere, including the rights of citizens to receive free medical care and free education or the right to participate in cultural life.

5. A budget institution may be created by decision of the founder of an autonomous institution by changing its type in the manner established by:

1) by the Government of the Russian Federation in respect of autonomous institutions created on the basis of federally owned property;

2) by a public authority of a constituent entity of the Russian Federation in respect of autonomous institutions created on the basis of property owned by a constituent entity of the Russian Federation;

3) by a local self-government body in relation to autonomous institutions established on the basis of municipal property.

Section 19. Liquidation of an Autonomous Institution

1. An autonomous institution may be liquidated on the grounds and in the manner provided for by the Civil Code of the Russian Federation.

2. Claims of creditors of an autonomous institution being liquidated shall be satisfied at the expense of property against which execution may be levied in accordance with this Federal Law.

3. The property of an autonomous institution remaining after the satisfaction of creditors' claims, as well as the property which, in accordance with federal laws, cannot be levied for the obligations of an autonomous institution, shall be transferred by the liquidation commission to the founder of the autonomous institution.

Chapter 5. Final Provisions

Article 20. Final provisions

1. The amount of financial support for the fulfillment of the task, established by the founder of a state or municipal institution (budgetary or autonomous), cannot depend on the type of such an institution.

2. Changing the type of existing state and municipal institutions is not allowed until the approval of the procedure for determining the types of especially valuable movable property provided for by Part 3 of Article 3 of this Federal Law.

3. Changing the type of existing state and municipal health care institutions is not allowed.

Article 21. Entry into force of this Federal Law

This Federal Law shall enter into force sixty days after the date of its official publication.

President of Russian Federation

In the case of the transformation of a budgetary institution into an autonomous institution, managers have to rebuild working relationships not only with the parent organization, but also with the management bodies of the autonomous institution. The structure of the governing bodies of an autonomous institution has its own characteristics. Consider the composition, powers and degree of competence of the management bodies of the AC.

The structure of the governing bodies of an autonomous institution

The structure, powers and list of governing bodies of an autonomous institution are established by Federal Law No. 74-FZ of November 3, 2006 "On Autonomous Institutions" (hereinafter - Law No. 174-FZ).

According to Art. 8 of Law No. 174-FZ, the governing bodies of an autonomous institution are:

supervisory board;
head of an autonomous institution;
other bodies (general meeting, academic council, artistic council, etc.) provided for by federal laws and the charter.

At the same time, the structure, powers, as well as the procedure for the formation of management bodies and much more should be determined by the charter of an autonomous institution in accordance with Law No. 174-FZ and other federal laws. It is obvious that for effective management institution, each governing body must be endowed with an optimal set of powers, taking into account the specifics of a particular autonomous institution.

An important feature of the management of an autonomous institution is the creation of a Supervisory Board.

The procedure for the creation, formation and powers of the Supervisory Board are set out in Art. 10 of Law No. 174-FZ. The Supervisory Board is one of the elements of the management mechanism of an autonomous institution.

The Supervisory Board shall be composed of at least five and no more than eleven members. It consists of:

representatives of the Founder;
representatives of the executive bodies of state power or local self-government, who are entrusted with the management of state or municipal property (their number should not exceed one third of the total number of members of the Supervisory Board);
members of the public, including persons with merits and achievements in the relevant field of activity;
representatives of other state bodies, local self-government bodies;
representatives of employees of an autonomous institution (their number should not exceed 1/3 of the total number of members of the Supervisory Board).

Please note that the head of an autonomous institution and his deputies cannot be members of the Supervisory Board.

The maximum term of office of the Supervisory Board is five years. At the same time, the number of appointments of the same citizen as an "observer" is not limited in time (clause 3, article 10 of Law No. 174-FZ). This means one thing: in fact, the Supervisory Board from the first convocation is created for an indefinite time, because. the composition of observers may remain unchanged every five years.

The decision on the appointment of members of the Supervisory Board or on early termination and powers is made by the founder of the autonomous institution. Therefore, it can be assumed that the Founder will be interested in the "perpetual mandate" of the members of the Supervisory Board. In turn, the path to the Supervisory Board of representatives of the opposition to the Founder of the public will be ordered.

The range of issues in which the Supervisory Board takes part is quite wide, but in many areas its decisions can only be advisory in nature. This applies especially to the use of property, the reorganization and structure of an autonomous institution and the conclusion of transactions. However, the Founder can make decisions on these issues only after studying the proposals and recommendations of the Supervisory Board.

Obviously, when introducing such a norm, the legislator wanted to see in the Supervisory Board a body with an objective, independent and competent view of the activities of an autonomous institution. However, it will not be difficult for the Founder to obtain the consent of the Supervisory Board on this or that decision, if he approves the "mandate of trust" of loyal "observers"

The competence of the Supervisory Board includes not only organizational aspects, but also the financial and economic activities of an autonomous institution. At meetings, members of the Supervisory Board will consider:

a draft plan for the financial and economic activities of an autonomous institution;
draft reports on the activities of an autonomous institution and on the use of its property, the implementation of the plan of its financial and economic activities, the annual financial statements of an autonomous institution (on the proposal of the head of an autonomous institution);
offers of an autonomous institution to conclude major transactions, as well as to conclude related-party transactions;
proposals of the autonomous institution on the choice of credit institutions in which the autonomous institution may open bank accounts;
proposals for amendments to the charter of an autonomous institution;
proposals on the creation and liquidation of branches of an autonomous institution, on the opening and closing of its representative offices;
proposals for the reorganization of an autonomous institution or for its liquidation;
proposals for the seizure of property assigned to an autonomous institution on the basis of the right of operational management.

The initiator of consideration of the majority of proposals may be the head of an autonomous institution or the Founder. At the same time, in most cases, the final decision on a particular issue, but taking into account the opinion of the Supervisory Board, is made by the Founder. Obviously, in this way Law No. 174-FZ assigns the Supervisory Board the role of a kind of "buffer" in the relationship between the leadership of an autonomous institution and its Founder.

Please note that, in particular, many theaters and concert organizations do not need an intermediate link between the management of the institution and the Founder in the form of a Supervisory Board. It was for cultural organizations that the legislator introduced an exception. So, according to Art. 41.1 "Fundamentals of the Legislation of the Russian Federation on Culture", approved by the Supreme Council of the Russian Federation on 09.10.1992 No. 3612-1 (as amended and supplemented) The founder of an autonomous institution was granted the right to abolish the Supervisory Board on the initiative of a cultural institution. In this case, the functions of the Supervisory Board of an autonomous institution, provided for by Law No. 174-FZ, are performed by the Founder.

Supervisor

In accordance with Art. 13 of Law No. 174-FZ, the head of an autonomous institution (director, general director, rector, chief physician, artistic director, manager, etc.) carries out the current management of the activities of an autonomous institution, with the exception of issues within the competence of the Founder or the Supervisory Board. Obviously, the main task of the head of an autonomous institution will be the fulfillment of the state (municipal) assignment issued to the institution by its Founder.

The implementation of the powers of the head is carried out on a general basis (clause 2, article 13 of Law No. 174-FZ) and within the framework of an employment contract concluded with him.

Other governing bodies

Law No. 174-FZ provides for the possibility of creating collegial management bodies in an autonomous institution with the participation of the public concerned, employees of the autonomous institution or representatives labor collective. To do this, it is necessary to fix the presence of an appropriate body in the charter of an autonomous institution: a general meeting of employees, an academic council, an artistic council, etc. In addition, the charter must provide for the powers and procedure for creating such collegiate bodies.

Founder as a governing body

With a literal reading of the Provisions of Law No. 174-FZ, the body of state power or local self-government that established an autonomous institution does not apply to the governing bodies of an autonomous institution, although Art. 9 "Competence of the Founder in the field of management of an autonomous institution" and is part of Ch. 4 "Management of an autonomous institution" of Law No. 174-FZ. In addition, as mentioned above, many critical aspects financial and economic activities of an autonomous institution the last word remains with the founder.

Let's try to figure out how significant the role of the Founder is in the management of an autonomous institution.

founding body

According to Law No. 174-FZ, an autonomous institution can have only one Founder. At the same time, the founder of an autonomous institution may not be any body of state (municipal) power, but only one that is endowed with the appropriate functions and powers.

We recall that, according to Art. 6 of Law No. 174-FZ, the functions of the authority of the Founder of an autonomous institution are carried out by the relevant executive authorities (federal or subject of the Russian Federation), as well as local governments. At the same time, the decision on the creation of an autonomous institution must indicate the state (municipal) authority that will perform the functions and powers of the Founder of the autonomous institution.

According to Art. 4 of Law No. 174-FZ, the Founder establishes tasks for an autonomous institution, and also provides financial support for the implementation of the task. However, the role of the Founder in the life of an autonomous institution does not end there.

Powers of founders

The main list of issues within the competence of the founder of any level of government or local government for managing the institution is given in Art. 9 of Law No. 174-FZ.

The powers of the founders of federal autonomous institutions were expanded and clarified by Decree of the Government of the Russian Federation of October 10, 2007 No. 662 "On approval of the Regulations on the implementation by federal and executive authorities of the functions and powers of the founder of a federal autonomous institution" (hereinafter - Decree No. 662).

Thus, at present, the powers of the founders of federal autonomous institutions cover almost the entire spectrum of issues related to the economic activity of an autonomous institution. At the same time, the Founder performs managerial functions: makes decisions, approves, establishes, issues, agrees, appoints, concludes and terminates contracts, etc.

So, the competence of the Founder of the federal autonomous institution, in addition to the above, includes the following:

approval, in agreement with the federal executive body in charge of managing federal property, the charters of the autonomous institution, as well as changes made to it;
setting the task of an autonomous institution in accordance with the main activity provided for by its charter;
adoption of a decision on the creation or liquidation of branches of a federal autonomous institution, the opening or closing of its representative offices, as well as on the reorganization or liquidation of a federal autonomous institution;
adopting a decision to classify the property of an autonomous institution as especially valuable movable property and to exclude from the composition of especially valuable movable property objects assigned to a federal autonomous institution that cease to be classified as a type of especially valuable movable property (in agreement with the federal executive body in charge of management of federal property);
issuance to an autonomous institution of consent to the disposal of real estate assigned to it by the Founder or acquired at the expense of funds allocated by the Founder for the acquisition of this property, as well as consent to the disposal of especially valuable movable property assigned to it by the Founder or acquired at the expense of funds allocated by the Founder for the acquisition this property (in agreement with the federal executive body entrusted with the management of federal property);
issuance of consent for an autonomous institution to contribute funds and other property to the authorized (reserve) capital of other legal entities or otherwise transfer this property to other legal entities as their founder or participant (in terms of contributing real estate - in agreement with the federal executive body, which is entrusted with the management of federal property);
submission, in accordance with the established procedure, of proposals on the creation of a federal budgetary institution by changing the type of federal autonomous institution;
the appointment of the head of an autonomous institution and the termination of his powers, as well as the conclusion and termination of an employment contract with him;
making a decision on approval of a transaction with the property of an autonomous institution, in which there is an interest, if the persons interested in its conclusion constitute the majority in the Supervisory Board of the institution, as well as transactions in respect of real estate and especially valuable movable property;
resolution of other issues provided for by Law No. 174-FZ and other regulatory acts.

Without the implementation of the appropriate management action, most decisions of the head and the Supervisory Board will remain illegitimate. Therefore, in my opinion, the Founder, as the main manager of budgetary funds, is also the key governing body in the management of an autonomous institution.

It is obvious, in my opinion, that the Founder, in order to implement his managerial functions, will have to maintain an appropriate staff of specialists. At the same time, we note that according to the norms of Decree No. 662, the Founder is obliged to bring all his decisions to the autonomous institution in writing within seven days from the date of their adoption.

Conclusion

Please note that it is no coincidence that the supervisory board in the diagram is taken out of the scope of management bodies, although, according to Law No. 174-FZ, it is the management body of an autonomous institution.

Obviously, from the point of view of the scope of authority and the level of responsibility for the decisions made, the Founder is the most influential governing body of an autonomous institution. After all, among other things, the Founder has a direct influence on the activities of an autonomous institution - it issues a task to provide public services, the fulfillment of which is the main purpose of the existence of the institution. In addition, the Founder makes a decision to terminate the activities of the AC, if the institution performs this task unsatisfactorily.

At the same time, the Supervisory Board is an intermediate link, the recommendations and comments of which must be taken into account by the Founder when making significant decisions regarding the activities of an autonomous institution.

In turn, the head of an autonomous institution, according to Law No. 174-FZ, must take into account not only the direct instructions of the Founder, but also the recommendations of the Supervisory Board.

But we must not forget that an autonomous institution is a new form of organization, so only with time it will be possible to talk about how effectively the governing bodies will be able to perform their functions in everyday life.

EXPERT OPINION
T.K. Ershova,
Deputy Head of Industry Development Department social sphere Department for Analysis and Monitoring of Priority Programs of the Ministry of Economic Development of Russia

The formation of the governing bodies of an autonomous institution and their interaction with each other is an important stage in the period of transformation budget institutions into autonomous ones.

Autonomous institutions are subject to mandatory collegial governing bodies with the participation of the public concerned, as well as higher requirements for mandatory public reporting, which makes the activities of autonomous institutions more flexible and transparent.

The Supervisory Board is being created to give publicity to the decision-making process on important issues and can bring tangible benefits to transparency economic activity both for the society and for the founder. The Supervisory Board must be formed by the time of transformation into an autonomous institution.

It should be kept in mind that the Supervisory Board of an Autonomous Institution is not the supreme collegial governing body of the Institution. The Supervisory Board is a body of an autonomous institution, designed to become an intermediate link between the founder and head of an autonomous institution. The term of office of the supervisory board is established by the charter.

The decisions of the Supervisory Board are advisory in nature. However, controlling functions are delegated to this body when the head of an autonomous institution makes major transactions, transactions with interest and conducts an audit. The Supervisory Board gives an opinion on the plan of financial and economic activities and the choice credit institution, approves the report on the plan of financial and economic activities and the annual accounting report.

For amplification public control The competence of the Supervisory Board includes consideration of the issues of withdrawal by the founder of the property assigned to the autonomous institution, and the choice of a credit institution in which the autonomous institution can open a bank account.

Thus, the supervisory board of an autonomous institution plays the role of a currently necessary balancing tool in connection with the expansion of the property independence of an autonomous institution.

Is it possible to work as a part-time director of an autonomous institution? Can one person be the director of two autonomous institutions?

In accordance with Art. 276 of the Labor Code of the Russian Federation, the head of an organization may work part-time for another employer only with the permission of the authorized body of the legal entity or the owner of the property of the organization, or a person (body) authorized by the owner.

However, for certain organizational and legal forms of organizations, additional restrictions are established for part-time work in relation to the head of the organization. In particular, in accordance with Art. 21 of the Federal Law N 161-FZ * (1) head unitary enterprise is not entitled to be a founder (participant) of a legal entity, hold positions and engage in other paid activities in state bodies, local government bodies, commercial and non-profit organizations, except for teaching, scientific and other creative activities, engage in entrepreneurial activity, be the sole executive body or a member of the collegial executive body commercial organization, except in cases where participation in the bodies of a commercial organization is included in official duties this leader, as well as take part in strikes.

Also, the current federal legislation establishes restrictions on the types of state and municipal institutions. In accordance with Art. 35 of the Law of the Russian Federation N 3266-1 * (2) to heads of state and municipal educational institutions combining their positions with others leadership positions(except for scientific and scientific-methodical guidance) inside or outside educational institutions is not allowed.

In accordance with Art. 13 of Federal Law N 174-FZ * (3) the competence of the head of an autonomous institution includes the implementation of the current management of the activities of an autonomous institution, with the exception of issues referred by federal laws or the charter of an autonomous institution to the competence of the founder of an autonomous institution, the supervisory board of an autonomous institution or other bodies of an autonomous institution. institutions. The head of an autonomous institution without a power of attorney acts on behalf of the autonomous institution, including representing its interests and making transactions on its behalf. He approves the staff list of the autonomous institution, the plan of financial and economic activities, the annual financial statements and internal documents regulating the activities of the autonomous institution, issues orders and gives instructions that are binding on all employees of the autonomous institution.

Federal Law N 174-FZ does not contain any special restrictions in terms of holding the position of head of an autonomous institution.

Thus, with the permission of the authorized body of a legal entity or the owner of the property of an organization, or a person (body) authorized by the owner, for example, a supervisory board, one person can be the head of two autonomous institutions, or work part-time as the head of an autonomous institution. The ban on working as a part-time director is established by federal law only in relation to autonomous state and municipal educational institutions.

At the same time, if the charter of an autonomous institution provides that the head has no right to carry out other activities, in addition to managing the current activities of the organization, this rule must be observed, and its violation can be regarded as a single gross violation. job duties and entails the dismissal of the head under paragraph 10 of part 1 of Art. 81 of the Labor Code of the Russian Federation. The provision that the head of an institution does not have the right to perform part-time work or engage in entrepreneurial activities that may conflict with the interests of an autonomous institution must be fixed in the employment contract concluded with the head.

1. An autonomous institution shall have a supervisory board consisting of no less than five and no more than eleven members. The supervisory board of an autonomous institution shall include representatives of the founder of the autonomous institution, representatives of the executive bodies of state power or representatives of local self-government bodies entrusted with the management of state or municipal property, and members of the public, including persons with merits and achievements in the relevant field of activity. The supervisory board of an autonomous institution may include representatives of other state bodies, local self-government bodies, representatives of employees of the autonomous institution. The number of representatives of state bodies and local self-government bodies in the composition of the supervisory board should not exceed one third of the total number of members of the supervisory board of the autonomous institution. At least half of the representatives of state bodies and local self-government bodies are representatives of the body exercising the functions and powers of the founder of an autonomous institution. The number of representatives of employees of an autonomous institution may not exceed one third of the total number of members of the supervisory board of the autonomous institution.

2. The term of office of the supervisory board of an autonomous institution shall be established by the charter of the autonomous institution, but may not exceed five years.

3. One and the same person may be a member of the supervisory board of an autonomous institution an unlimited number of times.

4. The head of an autonomous institution and his deputies may not be members of the supervisory board of an autonomous institution. The head of an autonomous institution participates in the meetings of the supervisory board of the autonomous institution with the right of an advisory vote.

(see text in previous edition)

5. Members of the supervisory board of an autonomous institution may not be persons with an unexpunged or outstanding conviction.

7. Members of the supervisory board of an autonomous institution may use the services of an autonomous institution only on equal terms with other citizens.

9. The powers of a member of the supervisory board of an autonomous institution may be terminated early:

1) at the request of a member of the supervisory board of an autonomous institution;

3) if a member of the supervisory board of an autonomous institution is held criminally liable.

10. Powers of a member of the supervisory board of an autonomous institution who is a representative of a state body or a local self-government body and is in labor relations with this body:

1) are terminated ahead of schedule in case of termination of the employment relationship;

2) may be terminated ahead of schedule on the proposal of the specified state body or local self-government body.

(see text in previous edition)

Read in a magazine

Changes in legislation regarding autonomous institutions.
State (municipal) task. Regulatory costs for the provision of services.
Control of the activities of an autonomous institution.
Features of the disposal of property.
Organization of income-generating activities.
Organization procurement activities autonomous institutions.
Prospects for the development of a network of state and municipal institutions.
Features of the management of an autonomous institution.
Planning activities and evaluation of its effectiveness.
The practice of applying the mechanism of autonomous institutions in questions and answers.
Practical experience successful leaders autonomous institutions.

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