Governing bodies of an autonomous institution. Head of an autonomous institution Director of an autonomous institution

Is it possible to work part-time as the 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 can work part-time for another employer only with the permission of the authorized body legal entity either the owner of the organization's property, 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) the head of a 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 governments, commercial and non-profit organizations, except for teaching, research and other creative activity, engage in entrepreneurial activity, be the sole executive body or a member of a collegial executive body commercial organization, except in cases where participation in the bodies of a commercial organization is included in job duties this leader, and also 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) heads of state and municipal educational institutions combining their posts with others leadership positions(except for scientific and scientific-methodological guidance) inside or outside educational institutions is not allowed.

In accordance with Art. 13 of the Federal Law No. 174-FZ * (3) the competence of the head of an autonomous institution includes the issues 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 executing transactions on its behalf. He claims staffing table of an autonomous institution, a plan of financial and economic activities, annual financial statements and internal documents regulating the activities of an autonomous institution, issues orders and gives instructions that are binding on all employees of an autonomous institution.

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

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

At the same time, if the charter of an autonomous institution stipulates that the head has no right to carry out activities other than leadership current activities organization, this rule must be observed, and its violation can be regarded as a one-time gross violation job responsibilities and entails the dismissal of the head under clause 10 of h. 1 of Art. 81 of the Labor Code of the Russian Federation. The provision that the head of an institution is not entitled to perform part-time work or engage in entrepreneurial activities that may conflict with the interests of an autonomous institution must be enshrined in an employment contract concluded with the head.

1. A supervisory board shall be created in an autonomous institution, consisting of not less than five and not 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 who are entrusted with the management of state or municipal property, and representatives of the public, including persons with merit 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 an 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 an 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 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 an 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 be more than five years.

3. One and the same person can 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 the 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.

6. An autonomous institution shall not have the right to pay remuneration to 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 on the appointment of a representative of the employees of an autonomous institution as a member of the supervisory board or early termination of his powers 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 fulfill his duties for health reasons or due to his absence from the location of the autonomous institution for four months;

3) in the case of bringing a member of the supervisory board of an autonomous institution to criminal liability.

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

1) terminate early in the event of termination of the employment relationship;

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

(see text in previous edition)

11. Vacancies those formed in the supervisory board of an autonomous institution in connection with the death or early termination of the powers of its members are replaced for the remainder of the term of office of the supervisory board of the autonomous institution.

Article 8. Organs of an Autonomous Institution

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

Article 9. Competence of the founder in the field of management of an autonomous institution

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

1) approval of the charter of the autonomous institution, 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 a change in its type;

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

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

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

7) consideration and approval of the proposals of the head of the autonomous institution on the conclusion of transactions with the property of the 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 the autonomous institution is required for such transactions;

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

Article 10. Supervisory Board of an Autonomous Institution

1. A supervisory board shall be created in an autonomous institution, consisting of not less than five and not more than eleven members. The supervisory board of an autonomous institution includes 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 representatives of the public, including persons who have 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 an 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 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 an 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 be more than five years.

3. One and the same person can 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.

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) in the case of bringing a member of the supervisory board of an autonomous institution to criminal liability.

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 early in the event of termination of labor relations.

11. Vacancies formed in the supervisory board of an autonomous institution in connection with the death or early termination of the powers of its members are filled for the remainder of the 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 members of the supervisory board from among them by a simple majority of votes of the total number of votes of members of the supervisory board of an autonomous institution.

13. A representative of the employees of an autonomous institution may not be elected as the 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, presides over 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 oldest member of the supervisory board of an autonomous institution, with the exception of a representative of the employees of the autonomous institution.

Article 11. Competence of the supervisory board of an autonomous institution

1. The supervisory board of an autonomous institution considers:

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

2) proposals of the founder or 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) proposals of the founder or the head of the autonomous institution for the reorganization of the autonomous institution or for its liquidation;

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

5) proposals of the head of the autonomous institution on the participation of the autonomous institution in other legal entities, including the introduction of Money and other property in the authorized (pooled) capital of other legal entities or transfer of such property in any other way to other legal entities, as a founder or participant;

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

7) on the 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 execution of the plan of its financial and economic activities, the annual financial statements of the autonomous institution;

8) proposals of the head of the autonomous institution on the conclusion of 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 the autonomous institution on the conclusion of major transactions;

10) proposals of the head of the autonomous institution on the conclusion of 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 can open bank accounts;

12) issues of the annual audit accounting statements autonomous institution and the approval of the auditing organization.

2. The supervisory council of the autonomous institution makes recommendations on the issues specified in clauses 1 - 5 and 8 of part 1 of this article. The founder of the autonomous institution makes decisions on these issues after considering the recommendations of the supervisory board of the autonomous institution.

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

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

5. On the issues specified in clauses 9, 10 and 12 of part 1 of this article, the supervisory council of an autonomous institution adopts decisions that are binding on the head of the autonomous institution.

7. Decisions on the issues specified in clauses 9 and 12 of part 1 of this article shall be adopted by the supervisory board of the 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 shall be made 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 within the competence of the supervisory board of an autonomous institution in accordance with part 1 of this article may not be referred to other bodies of the autonomous institution for consideration.

10. At the request of the supervisory board of an autonomous institution or any of its members, other bodies of the autonomous institution are obliged to provide information on matters within the competence of the supervisory board of the autonomous institution.

Article 12. Procedure for holding meetings of the supervisory board of an autonomous institution

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

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

3. The procedure and terms of preparation, convocation and holding of meetings of the supervisory board of an autonomous institution shall be determined by the charter of the autonomous institution.

4. The head of the autonomous institution has the right to participate in the meeting of the supervisory board of an autonomous institution. Other persons invited by the chairman of the supervisory board of an autonomous institution may participate in a meeting of the supervisory board of an autonomous institution, if more than one third of the total number of members of the supervisory board of an autonomous institution does not object to their presence.

5. A meeting of the supervisory board of an autonomous institution is competent if all members of the supervisory board of an autonomous institution are notified of the time and place of its holding and more than half of the members of the supervisory board of an autonomous institution are present at the meeting. A member of the supervisory board of an autonomous institution may not transfer his vote to another person.

6. The charter of an autonomous institution may provide for the possibility of taking into account the opinion of a member of the supervisory board of an autonomous institution who is absent from its meeting on 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. This procedure cannot be applied when making decisions on issues provided for by Clauses 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 is 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. Until the election of the chairman of the supervisory board of an autonomous institution, such a meeting shall be chaired by the oldest member of the supervisory board of the autonomous institution, with the exception of a representative of the employees of the autonomous institution.

Article 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 and others) includes the issues of the current management of the activities of the autonomous institution, with the exception of issues referred to the competence of the founder of the autonomous institution by federal laws or the charter of the autonomous institution. , the supervisory board of an autonomous institution or other bodies of an 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 concluding transactions on its behalf, approves the staffing table of the 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 assets of the autonomous institution, determined from the data of its financial statements as of the last reporting date, unless the charter of the autonomous institution provides for a smaller size of the major transaction.

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

1. A major transaction is made with the prior approval of the supervisory board of the autonomous institution. The supervisory board of an autonomous institution is obliged to consider the proposal of the head of the autonomous institution to commit big deal within fifteen calendar days from the date of receipt of such a proposal to the chairman of the supervisory board of the autonomous institution, unless a shorter period is provided for by the charter of the autonomous institution.

2. A major transaction concluded in violation of the requirements of this article may be invalidated 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 a major transaction in violation of the requirements of this article, regardless of whether this transaction was invalidated.

Article 16. Interest in the conclusion of a transaction by an autonomous institution

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

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

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

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

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

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

4. An interested person, prior to the conclusion of a transaction, shall be obliged to notify the head of the autonomous institution and the supervisory council of the autonomous institution about the transaction being made known to him or about the prospective transaction known to him, in the conclusion of which he may be recognized as interested.

Article 17. The procedure for the conclusion of a transaction in the conclusion of which there is an interest, and the consequences of its violation

1. An interested party transaction may be concluded 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 a transaction in which there is an interest within fifteen calendar days from the date of receipt of such a proposal to the chairman of the supervisory board of an autonomous institution, unless a shorter period is provided for by the charter of the autonomous institution.

2. The decision to approve an interested party transaction is made by a majority vote of the members of the supervisory board of the autonomous institution who are not interested in the transaction. If the persons interested in the transaction constitute a majority in the supervisory board of the autonomous institution, the decision to approve the transaction, in which there is an interest, is taken 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 invalidated 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 in relation to this transaction or lack of its approval.

4. An interested person who has violated the obligation provided for in Part 4 of Article 16 of this Federal Law shall be liable to an 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 whether this transaction is recognized as 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 is borne by the head of an autonomous institution, who is not a person interested in the transaction, in which there is an interest, unless he proves that he did not know and could not have known about the existence of a conflict of interest in relation to this transaction.

5. In the event that several persons are responsible 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 is joint and several.

Supervisor of the autonomous institution is appointed by the founder and acts without a power of attorney on behalf of the autonomous institution, approves the staffing table, the plan of financial and economic activities, submits annual financial statements for approval by the supervisory board of the autonomous institution, issues orders and gives instructions that must be followed by all employees of the autonomous institution, and also represents the interests of an autonomous institution and transacts on its behalf.

The Principles for Restructuring the Budget Sector developed by the Ministry of Finance of Russia, in accordance with which the network of state and municipal institutions in the Russian Federation is being transformed, states that “to ensure the possibility of effective control over the administration of state (municipal) institutions of a new organizational and legal form, it is necessary to approve a standard contract with the head of such an institution. Contracts should include specific indicators of the institution's performance, as well as provide for liability for exceeding the volume of commitments made in terms of budget financing over budget commitments that have been brought to the institution, for violation of the established accounting and reporting procedure, etc. Violation of the terms of the contract should serve as the basis for its early termination (removal from office of the head of the institution). "

On the federal level the forms of standard contracts with the heads of autonomous and budgetary institutions have not yet been approved. However, a constituent entity of the Russian Federation or a municipal formation has the right to its regulatory legal act approve the form of an employment contract with the heads of autonomous, budgetary and state institutions (an example of a standard contract with the head of an autonomous institution is given in Appendix 5).

In accordance with the labor legislation of the Russian Federation, an employment contract with the head of an autonomous institution can be concluded either for an indefinite period, or for a period not exceeding 5 years.

The founder of an autonomous institution has the right to remove the head of an autonomous institution from office in case of unsatisfactory work on grounds that do not contradict the provisions of the Labor Code of the Russian Federation and the provisions fixed in the employment contract between the head of the autonomous institution and its founder. In particular, in the form of a standard employment contract, given in Appendix 5, such grounds include:

Failure to fulfill the state (municipal) task through the fault of the head of the autonomous institution;

On the admission by the head of an autonomous institution of a delay of more than three months in payments to employees wages, benefits established by the legislation and regulatory legal acts of the Russian Federation (subject of the Russian Federation, municipality) and the collective agreement, as well as the formation of a debt of an autonomous institution for the payment of taxes, fees and other obligatory payments to the relevant budgets for more than three months;

About non-use for the intended purpose of the property assigned to the autonomous institution or budgetary funds allocated to the autonomous institution for the acquisition of immovable and especially valuable movable property.

Law No. 83-FZ in paragraph 27 of Art. 30 for budgetary institutions, a norm has been established according to which the head of a budgetary institution is personally responsible for overdue accounts payable of a budgetary institution. The labor contract concluded with the head of a budgetary institution provides for a condition on termination of the contract in accordance with Labor Code RF in the event that a budgetary institution has overdue accounts payable that exceeds the maximum permissible value determined by the body that performs the functions and powers of the founder of the budgetary institution.

A similar condition may be provided for by an employment contract with the head of an autonomous institution by decision of its founder. In accordance with paragraph 1 of Art. 15 and paragraph 1 of Art. 17 of the Law on Autonomous Institutions, the head of an autonomous institution, when making major or interested-party transactions, is obliged to obtain the preliminary approval of another governing body of the autonomous institution - the supervisory board. If a major transaction or an interested-party transaction is made in violation of this requirement, the head of the autonomous institution shall be liable to the autonomous institution in the amount of losses caused to the autonomous institution as a result of such transactions, regardless of whether these transactions were invalidated.

Chapter 1. General Provisions

Article 1. Relations governed by this Federal Law

1. This Federal Law determines, in accordance with the Civil Code Russian Federation legal position autonomous institutions, the procedure for their creation, reorganization and liquidation, goals, the procedure for the formation and use of their property, the basis for the management of autonomous institutions, the basis of relations between autonomous institutions with their founders, with participants in civil turnover, 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 regulating the relations specified in Part 1 of this Article.

Article 2. Autonomous institution

1. An autonomous institution is recognized non-profit organization created by the Russian Federation, a constituent entity of the Russian Federation or a municipal formation for the performance of work, the provision of services in order to exercise the powers of state authorities provided for by the legislation of the Russian Federation, the powers of local authorities in the fields of science, education, health care, culture, social protection, employment of the population, physical culture and sports.

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

3. Autonomous institution in established order has the right to open accounts with credit institutions.

4. An autonomous institution is responsible 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 an 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 objectives of the activity, 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 goes to its independent disposal and is 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 does not have the right to receive income from the performance of the autonomous institution and the use of property assigned to the autonomous institution.

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

11. An autonomous institution is obliged to maintain 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 on its activities to the 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 transparency and availability of the following documents:

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

2) certificate of state registration an autonomous institution;

3) the decision of the founder to create 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) the plan of the financial and economic activities of the autonomous institution;

8) the annual financial statements of the autonomous institution;

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

Article 3. Property of an autonomous institution

1. The property of an autonomous institution shall be 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 the Russian Federation, a constituent entity of the Russian Federation, a municipal entity, respectively.

2. An autonomous institution, without the consent of the founder, shall not have the right to dispose of immovable property and especially valuable movable property assigned to it by the founder or acquired by an 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 is understood as property, without which the implementation of its statutory activities by an autonomous institution would be significantly hampered. The types of such property are determined in accordance with the procedure 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 taken simultaneously with the decision to assign the said property to an autonomous institution or to allocate funds for its acquisition.

5. Immovable property 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 held by an autonomous institution shall be subject to separate accounting in accordance with the established procedure.

6. An autonomous institution has the right to contribute funds and other property to the authorized (pooled) 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 autonomous institution to fulfill 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 shall be deemed to be activities directly aimed at achieving the goals for which the autonomous institution was created.

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

3. The founder shall provide financial support for the fulfillment of the assignment, taking into account the costs of maintaining immovable property and especially valuable movable property assigned to an autonomous institution by the founder or acquired by an autonomous institution at the expense of funds allocated to him by the founder for the acquisition of such property, expenses for paying taxes, as an object taxation for which the relevant property is recognized, including land plots, 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 an 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.

4. Financial support of the activities specified in parts 1 and 2 of this article shall be carried out in the form of subventions and subsidies from the corresponding 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 fulfillment of this task are determined by:

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

3) local administration in relation to autonomous institutions created on the basis of property located in municipal property.

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 in the provision of homogeneous services in the manner prescribed 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 specified in its charter.

Chapter 2. Creation of an autonomous institution

Article 5. Creation of an autonomous institution

1. An autonomous institution can be created by its establishment or by changing the type of an existing state or municipal institution.

2. The decision to create an autonomous institution on the basis of federal 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 municipal property shall be made by the supreme executive body of state power of the constituent entity of the Russian Federation or by the local administration. municipality.

4. The decision to create an autonomous institution by changing the type of an existing state or municipal institution is made on the initiative or with the consent of a 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 state institution. The government of the Russian Federation, the supreme 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, the type of which 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 local self-government body in charge of the relevant state or municipal institution, in agreement with the executive body of state power or local self-government body, 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, presented in the form provided by the Government of the Russian Federation, must contain:

1) the rationale for the creation of an autonomous institution, including taking into account the possible socio-economic consequences of its creation, the availability of such an institution for the population and the quality of the work it performs, the services it provides;

2) information on the approval of a change in the type of an existing state or municipal institution by the higher collegial body this institution, if there is such a body;

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

4) information about other property to be transferred to operational management the 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 the subject of the Russian Federation or the local administration of the 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 especially 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 obligations arising from a state or municipal institution before changing its type.

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

12. An autonomous institution created by changing the type of an existing state or municipal institution has 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, and 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 activity "and renewal of other permits.

13. If accepted authorized body decisions 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 apply.

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

Article 6. Founder of an Autonomous Institution

1. The founder of an autonomous institution is:

1) the Russian Federation in relation to an autonomous institution, which is created on the basis of property in federal ownership;

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

3) a municipality in relation to an autonomous institution, which is created on the basis of property in municipal ownership.

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) federal body executive power in relation to an autonomous institution created on the basis of property in federal ownership, in the manner determined by the Government of the Russian Federation;

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

3) a local 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. Statute of an autonomous institution

1. Constituent document 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) the location of the autonomous institution;

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

4) the subject and purpose of the activity of the autonomous institution;

5) an exhaustive list of the types of activities that the autonomous institution is entitled to carry out in accordance with the goals for the achievement of 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, terms of office and the procedure for the activities of such bodies;

8) other information provided for by federal laws.

Chapter 3. Managing Standalone

institution

Article 8. Organs of an Autonomous Institution

2. The bodies of the autonomous institution are the supervisory council 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) workers of an autonomous institution, academic council, artistic council and others).

Article 9. Competence of the founder in the field of management of an autonomous institution

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

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

3) reorganization and liquidation of an autonomous institution, as well as a change in its type;

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

5) appointment of the liquidation commission and approval of the 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 an employment contract with him, unless federal laws provide for a different procedure for the appointment of a head and termination of his powers and (or) the conclusion and termination of an employment contract with him ;