Bills Bill 126454-7
Bill 126454-7 On Amending Certain Justices of the Peace
On amendments to individual legislative acts Russian Federation in connection with the improvement of legal regulation in the field organizational support activities of magistrates
second reading
12.12.2017
| Bill number: | 126454-7 |
| Bill commentary: | in terms of improving the organizational support for the activities of justices of the peace |
| Date of introduction of the bill to the State Duma: | 17.03.2017 |
| The address of the page of the bill in ASOZD: | http://sozd.parlament.gov.ru/bill/126454-7 |
| Responsible committee: | |
| Profile Committee: | State Duma Committee on State Building and Legislation |
| Date of status/phase change: | 12.12.2017 |
| Bill status: | Consideration of the bill in the second reading |
| Bill status phase: | Consideration by the Council of the State Duma of the draft law submitted by the responsible committee |
| Accepted decision (wording): | submit a bill to the State Duma |
| Solution document type: | Minutes of the meeting of the Council of the State Duma |
| Name of the decision document: | 86 |
| Bill type: | the federal law |
| Subject of the legislative initiative: | Supreme Court of the Russian Federation |
Stages of consideration:
Transcript to Bill No. 126454-7 On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of Legal Regulation in the Sphere of Organizational Support for the Activities of Justices of the Peace
in terms of improving the organizational support for the activities of justices of the peace
Meeting date 12.07.2017 , meeting number 55 , lines in the transcript 10217
Stage of consideration:
5224 38th paragraph, the draft federal law "On Amendments to Certain
5225 legislative acts of the Russian Federation in connection with the improvement
5226 legal regulation in the field of organizational support of activities
5227 justices of the peace". Report of the Secretary of the Plenum of the Supreme Court of the Russian Federation
5228 Viktor Viktorovich Momotov.
5230 V. V. MOMOTOV, Representative of the Supreme Court of the Russian Federation, Secretary
5231 Plenum of the Supreme Court of the Russian Federation.
5233 Dear Alexander Dmitrievich, dear deputies of the State Duma
5235 year by the Supreme Court of the Russian Federation to the State Duma of the Federal
5236 The Assembly of the Russian Federation submitted a draft federal law "On
5237 amendments to certain legislative acts of the Russian Federation in
5238 connection with the improvement of legal regulation in the field of organizational
5239
5241 Article 2 of the Law of the Russian Federation "On the status of judges in the Russian
5242 Federation" the principle of the unity of the status of judges is enshrined. Currently
5243 Supreme Court of the Russian Federation and bodies of the judiciary
5244 active legislative work is carried out aimed at the implementation of this
5245 principle. A situation is unacceptable in which the judiciary artificially
5246 It is divided into a subsystem of federal judges and a subsystem of justices of the peace.
5247 The bill under consideration is one of the most important initiatives
5248 aimed at solving this problem. The draft law aims to
5249 further unification of the status of magistrates and federal judges, as well as
5250 establishing unified order organizational support for their activities.
5252 Attempts to solve the problem of organizational support for the activities of world
5253 judges and unify the status of judges have been undertaken for more than a year. Also in
5254 In 2008, the VII All-Russian Congress of Judges pointed out the inappropriateness
5255 preservation of the dual position of justices of the peace, in which justices of the peace,
5256 on the one hand, are included in single system courts general jurisdiction, and on the other
5257 parties are judges of the subjects of the Russian Federation with all the consequences
5258 hence the consequences. In particular, the entire scope of the powers of the employer in
5259 regarding the apparatus of justices of the peace is concentrated not in the hands of justices of the peace, but
5260 in the hands of the organs executive power subjects of the Russian Federation.
5261 Naturally, a paradoxical situation arises in which the apparatus,
5262 fully engaged in ensuring the work of a particular judge, in fact
5263 this judge does not obey. The justice of the peace is deprived of any formal
5264 authority to manage their own apparatus. As a result, justices of the peace
5265 in fact, are completely dependent on regional authorities
5266 executive power in the formation of its apparatus and leadership
5267 them. This state of affairs calls into question not only the unity of the status of judges,
5268 but also the very principle of the independence of the judiciary.
5270 Duality and inconsistency of the legal status of world justice
5271 is also manifested in the fact that, on the one hand, organizational support
5272 activities of justices of the peace and financing of all expenses for justice of the peace
5273 carried out with funds federal budget, and on the other hand,
5274 organizational support and financing of the apparatus of justices of the peace are
5275 obligation of the subjects of the Russian Federation. The need to address these
5276 problems drew attention to the VIII All-Russian Congress of Judges.
5278 To solve these problems, the bill provides, first of all,
5279 granting justices of the peace separate powers to direct their
5280 apparatus. In particular, in agreement with the justice of the peace body
5281 executive power of the subject of the Russian Federation is carried out
5282 movement of employees of the apparatus, approval of the schedule of their holidays and application
5283 rewards and rewards for them.
5285 VII, VIII and IX All-Russian Congresses of Judges also drew attention to the general
5286 low level of material and technical support of justices of the peace. World
5287 justice, unfortunately, is in a situation of significant underfunding,
5288 At the same time, there is a constant trend towards an increase in the load
5289 world judges. In 2015, the total number of cases heard by justices of the peace
5290 increased by 11 percent compared to 2014, and in 2016 - by 6
5291 percent compared to 2015. In addition, the total number of
5292 Justices of the Peace materials in 2015 grew by 30 percent over
5293 since 2014, and in 2016 - by 15 percent compared to 2015. At
5294 this is precisely the world justice accounts for the largest share of all
5295 cases before the courts. Justices of the peace consider about half
5296 all criminal cases, more than 70 percent of civil cases, and more than 85 percent
5297 cases of administrative offenses. Such a heavy legal burden
5298 requires adequate funding for the activities of magistrates, worthy
5299 level of organizational support. Meanwhile, at the legislative level,
5300 any unified procedure for financing world justice is fixed,
5301 as a result, in a number of regions there are serious difficulties in the work
5302 world judges. We are talking about a serious understaffing of the apparatus,
5303 lack of own premises and necessary computer equipment,
5304 non-realization social guarantees. Funding of justices of the peace in general
5305 a number of subjects is not only insufficient, but is also declining with each
5306 year.
5308 In connection with the above, there is an urgent need to establish a unified
5309 procedure for financing the activities of justices of the peace and a unified procedure
5310 formation of the relevant part of regional budgets. For this in
5311 the proposed draft law proposes to fix the duties of the highest
5312 executive bodies state power subjects of the Russian Federation
5313 interact with regional councils of judges when developing
5314 corresponding part of the budget.
5316 In addition, it is proposed to provide for a mandatory approval procedure
5317 reducing the amount of funding for justices of the peace with the councils of judges of the subjects
5318 Russian Federation. Similar provisions regarding interaction
5319 Government of the Russian Federation and the Council of Judges of the Russian Federation
5320 preparation of the federal budget, federal law about
5321 financing the courts of the Russian Federation, for more than eighteen years these
5322 rules apply to funding federal courts and do not cause any
5323 practical difficulties or questions. Taking into account the unity of legal
5324 space and status of judges, we deem it expedient to fix similar
5325 procedures for subjects of the Russian Federation.
5327 The Government of the Russian Federation supports the project. Adoption
5328 bill will not require additional costs. Please support him.
5330
5332 Co-report by Nikolai Gavrilovich Brykin.
5334 BRYKIN NG Dear Alexander Dmitrievich, dear colleagues! Victor
5335 Viktorovich in his report outlined in detail why there is a need
5336 amendments to the three laws on the court. I want to tell you the following. When I
5337 went to the meeting, updated the information: today, according to the card index on the balance
5338 there are more than 20 million cases that are considered by the courts, of which, as
5339 and reflected the speaker, 70 percent falls on the justice of the peace. You
5340 Can you imagine what shaft it is? This is about 15-20 cases per day - a colossal
5341 number. In order to talk about some quality of work, the magistrate in
5342 In any case, you need a device that must work effectively.
5343 The conceptual disposition, which the speaker spoke about, is understandable, its committee
5344 reviewed and supported. I would also note that the implementation of the proposed
5345 changes in legislation will help improve the organizational
5346 provision of justices of the peace and unification of the conditions of their logistical and
5347 staffing, which will ultimately affect the quality of justice.
5349 Thank you for attention.
5351 CHAIRMAN. Are there any questions? There is.
5353 Turn on the recording mode for questions.
5355 Show the list.
5357 Kurinny Alexey Vladimirovich, please.
5359 KURINNY AV Thank you. I have a question for Viktor Viktorovich.
5361 Dear Viktor Viktorovich, how does the approval procedure look like?
5362 conference of judges to reduce the costs of the apparatus of justices of the peace? You
5363 say that such a thing exists at the federal level with judges of the general
5364 jurisdiction, - at least once this rule worked in the process of adopting the budget for
5365 the last fifteen years?
5367 Well, the second point concerns such an interesting procedure, which, in fact,
5368 except at the level of the federal budget, it does not happen anywhere else:
5369 the government last year tightened the limits by 10 percent for almost all
5370 sectors, including both health care and education, while it was not advised
5371 not only with the professional circle, but even with the deputies of the State
5372 Duma.
5374 MOMOTOV V. V. No, there is an approval procedure, with the Council of Judges
5375 The Government of the Russian Federation always coordinates the budget, we participate
5376 in this job, so it's not a problem.
5378 CHAIRMAN. Kolomeytsev Nikolay Vasilievich.
5380 KOLOMEYTSEV N. V., Communist Party faction.
5382 Viktor Viktorovich, indeed, justices of the peace are overloaded, as well as
5383 federal, in most regions. Don't you think that maybe
5384 it is necessary, say, to rank the branches in which judges should work? FROM
5385 my point of view, there is often confusion, and the magistrate takes cases higher,
5386 than he can consider, I don't know why.
5388 And the second. Participating in the work of the Legislative Assembly of the Rostov Region, I,
5389 to my surprise, found that 80 percent of the candidates have 50-100
5390 fines for speeding and others. Can a person be a judge?
5391 who himself is, in principle, a malicious violator?
5393 CHAIRMAN. Please answer.
5395 MOMOTOV V. V. As regards whether the judge has the right to be malicious
5396 violator, probably, this is a question for legislative assemblies, which
5397 form the judiciary. I don't think this applies to our
5398 competencies.
5400 Well, as for the competence of the magistrates themselves, their jurisdiction,
5401 opportunities to consider certain disputes, I must tell you that now
5402 legislative work is underway in the Supreme Court of the Russian Federation,
5403 which, in my opinion, will ultimately lead to a change in the thresholds of the considered
5404 disputes, and I think their competence will change.
5406 CHAIRMAN. Alshevsky Andrey Gennadievich, please.
5408 A. G. ALSHEVSKIKH, "UNITED RUSSIA" faction.
5410 Viktor Viktorovich, you said that a justice of the peace cannot influence his
5411 apparatus in terms of incentives, penalties, vacations, and so on, but in
5412 the bill states that incentives, penalties, as well as approval
5413 the vacation schedule of the apparatus is made by the executive bodies for
5414 agreement with the justice of the peace of the relevant section, so maybe there is
5415 it makes sense to prescribe that not by agreement, but by representation, that is, to do
5416 so that the magistrate himself appeals to the executive authorities, and not
5417 vice versa?
5419 MOMOTOV V. V. I think that the term "coordination" just defines this
5420 structure, including the corresponding representations. A paradoxical situation
5421 when a justice of the peace does not manage his apparatus, of course, this problem has long been
5422 needed to be addressed, and I believe that the proposed bill addresses this
5423 problem.
5425 CHAIRMAN. Is there anyone who wants to speak? Representative of the president?
5426 Governments? Speaker? Co-speaker? No.
5429 certain legislative acts of the Russian Federation in connection with
5430 improvement of legal regulation in the field of organizational
5431 ensuring the activity of magistrates".
5435 Show results.
5440 Abstained 1 person 0.2%
5443 Result: accepted
5445 Adopted on first reading.
Meeting date 07.07.2017 , meeting number 54 , lines in the transcript 9018
On the draft federal law No. 126454-7 "On introducing amendments to certain legislative acts of the Russian Federation in connection with the improvement of legal regulation in the field of organizational support for the activities of justices of the peace."
Stage of consideration: Consideration of the bill in the first reading
(each line contains the line number from the transcript to the bill)
3961 Question 31, Draft Federal Law "On Amendments to Certain
3962 legislative acts of the Russian Federation in connection with the improvement
3963 legal regulation in the field of organizational support of activities
3964 justices of the peace". Report of the First Deputy Chairman of the Supreme Court
3965 Russian Federation Pyotr Pavlovich Serkov.
3967 Ready for our speaker? No.
3969 Colleagues, who from the committee will comment on what is the problem?
3971 Please turn on Brykin's microphone.
3973 FROM THE HALL. (Can not hear.)
3975 CHAIRMAN. Brykin is also on a business trip.
3977 Dear colleagues, we discussed with you at the beginning of the meeting the procedure for
3978 the chairman of the committee was here, you this question brought to
3979 discussion - did you have any understanding in the morning about the presence
3980 speaker?
3982 FROM THE HALL. (Can not hear.)
3984 CHAIRMAN. And what does "from the faction" have to do with it? Colleagues, in the faction
3985 discuss issues of discipline and voting for and against, and procedural
3986 issues are dealt with by the committee, in accordance with the Regulations.
3988 From the committee, the floor is given to the first deputy ...
3990 Please turn on the microphone for Rafael Mirkhatimovich Mardanshin, Deputy.
3992 Please.
3994 R. M. MARDANSHIN, "UNITED RUSSIA" faction.
3996 Dear Vyacheslav Viktorovich, Lysakov is our first deputy.
3998 CHAIRMAN. Lysakov does not ask for the floor. You are always with us from the committee
3999 report, tell me ... (Animation in the hall.) I also proceed from the fact that ...
4001 MARDANSHIN R. M. Vyacheslav Viktorovich, is not ready to answer this question.
4003 CHAIRMAN. Not ready...
4005 Then Lysakov, who does not ask for the floor.
4007 LYSAKOV V. I., "UNITED RUSSIA" faction.
4009 Dear Vyacheslav Viktorovich, Lysakov does not ask for the floor, because I, to
4010 Unfortunately, there is no information on this issue either.
4012 CHAIRMAN. Yes, colleagues, improved ...
4014 Do you have any objections, colleagues, if we remove this issue from consideration?
4015 There is no chairman of the committee, the first deputy and deputy, who usually
4016 report on such issues, do not have information. We shoot from
4017 consideration...
4019 Here Vyacheslav Ivanovich received information.
4021 Turn on the microphone.
4023 Please.
4025 LYSAKOV V. I. Operational information came from the Supreme Court with a request for
4026 postponement of consideration of the bill to the 19th. (Animation in the hall.)
4028 CHAIRMAN. Thank you.
4030 Colleagues, there is a proposal to set the date for consideration of the bill at
4031 meeting of the Council, having first asked for information on why yesterday at
4032 meeting of the Council there was information that this issue was ready for consideration, and
4033 today, judging by the morning discussion of the order of work, everything was also ready for
4034 consideration. But the most interesting thing is that not only the speaker is absent, but also
4035 the co-speaker is missing - that, colleagues, could probably be traced.
4036 Thus, if no one objects, we postpone the consideration of the 31st
4037 question, we remove it today from consideration.
O.F. Boykova,candidate pedagogical sciences,
Leading Researcher of the Russian State Library, Legal Adviser on Civil Law Issues
Radical reform of the legal status of public libraries
Perfection Russian legislation taking into account development
new organizational and legal forms of non-profit institutions, including
number -; public libraries of the city of Moscow is one of the urgent problems
jurisprudence. The Federal Law "On Amendments to Certain
legislative acts of the Russian Federation in connection with the improvement
legal status state (municipal) institutions" from
05/08/2010 No. СЗ-ФЗ a new modern concept is proposed
regulation of the civil law status of state and
municipal institutions, including schools, colleges, universities, museums. theaters, libraries. The country begins a radical reform of state and municipal institutions. primary goal of the Law to reduce the internal costs of the relevant state and municipal institutions, improve the efficiency of their work and attract extrabudgetary sources of financing. The reform concerns 328 thousand people. budget institutions, including 25 thousand federal and over 300 thousand regional and municipal. These institutions will be transformed by changing their legal status. To such institutions include and 441 public libraries of the city of Moscow.
Public librarians experience significant
difficulties in determining the civil status of state and
municipal institutions, so consideration of the features
regulation by Russian civil law of the order
formation of their legal status as non-profit organizations, has
great practical importance.
The law provides for amendments to 18 legislative acts, including 15 federal laws in the field of science, education, culture, museum and archival affairs, defense, as well as the Civil Code of the Russian Federation, the Budget Code of the Russian Federation, and the Tax Code of the Russian Federation. At the same time, as can be concluded from the text of the Federal Law, the activities of all institutions are significant changes requiring reflection and further integration into the practice of their work. These changes offer new organizational and legal forms for institutions. However, these changes do not make it possible to clearly distinguish between the relationship and differences between such organizational and legal forms as a budgetary institution, a state institution or an autonomous institution. As a result, there is an identification of the civil-legal status of a budgetary institution and government institution, which is then traced in the changes made to the Budget Code of the Russian Federation and the Tax Code of the Russian Federation.
In accordance with the Law, all public libraries in the city of Moscow can become budgetary, autonomous or state-owned. Each of these types has its own advantages and disadvantages. Let's consider them in more detail.
A budgetary institution is a non-profit organization created by the Russian Federation, a constituent entity of the Russian Federation or a municipality, to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of state authorities or bodies local government in the fields of science and education. healthcare, culture, social protection, employment, physical education and sports, in other areas (clause 1, article 9.2 of the Federal Law "On non-profit organizations").
A budgetary institution carries out its activities in accordance with the subject and goals determined by federal laws, other
normative legal acts, municipal legal acts, charter (clause 2, article 9.2 of the Federal Law "On non-profit organizations"). Thus, the activity, for example, of a library, which is a budgetary institution, is carried out in accordance with the Federal Law "On Library Science", the laws of the constituent entities of the Russian Federation and municipal legal acts, and its charter.
A budgetary institution carries out its activities in accordance with state or municipal assignments (clause 3, article 9.2 of the Federal Law "On non-profit organizations"). At the same time, they have no right to refuse to fulfill a state or municipal task.
Financing of a budgetary institution that performs
the state or municipal task is provided on the basis of subsidies from the corresponding budget of the budgetary system of the Russian Federation (clause 6, article 9.2 of the Federal Law "On non-profit organizations"). At the same time, financial support is provided % taking into account maintenance costs real estate and especially valuable movable property, expenses for the payment of taxes, as an object of taxation for which the relevant property, including land plots, is recognized.
Let us pay special attention to the fact that when renting real estate with the consent of the founder, that is, for example, library premises, financial support for the maintenance of such property is not carried out (paragraph 6 of article 9.2 of the Federal Law "On non-profit organizations").
The procedure for the formation of a state or municipal task and the procedure for its financial support determined accordingly by the Government of the Russian Federation - for federal budgetary institutions; higher executive body subject of the Russian Federations- for budgetary institutions of the subject of the Russian Federation; local administration- for municipal budgetary institutions (clause 7, article 9.2 of the Federal Law t: On non-profit organizations").
Personal accounts for budgetary institutions, that is, public
libraries hiding in territorial body federal treasury,
financial body of a constituent entity of the Russian Federation or municipality(Clause 8, Article 9.2 of the Federal Law "On non-profit organizations").
The budget library is liable for its obligations with all the property that it has on the right of operational management of property, both assigned to it by the owner and acquired at the expense of income received from income-generating activities, with the exception of especially valuable movable property, as well as real estate (para. 1 article 120 of the Civil Code of the Russian Federation, paragraph 9 article 9.2 of the Federal Law "On non-profit organizations"). At the same time, the state relieves itself of subsidiary liability for its obligations, in contrast to the rule of law enshrined earlier in civil law.
It is specifically stipulated that libraries of this type are not allowed to deal with securities unless otherwise provided by law. At the same time, the Law establishes that a major transaction, that is, actions, for example, of a public library - a legal entity, aimed at establishing, changing or terminating civil rights and obligations, can be carried out only with the prior consent of the relevant bodies that perform the functions and powers of the founder (p. 13 article 9.2 of the Federal Law "On non-profit organizations").
The head of the budget library is liable in the amount of losses caused as a result of a major transaction in violation of the requirements of the law (clause 13, article 9.2 of the Federal Law "On non-profit organizations").
A budget library, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner, or acquired at the expense of funds allocated to it by the owner, as well as real estate. The list of especially valuable movable property is determined by the relevant authorities, executing
functions and powers of the founder (clause 12, article 9.2 of the Federal Law "On non-profit organizations"). The budget library has the right to dispose of the rest of the property that is on the right of operational management independently (clause 3
Art. 298 of the Civil Code of the Russian Federation).
The law gives the budget library the right to engage in activities that generate income in excess of the established state or municipal assignment, serving to achieve the goals for which it was created, provided that such activities are provided for in its constituent document - the charter. Incomes received from this activity or acquired at the expense of these incomes go to the independent disposal of a budgetary institution (clause 3, article 298 of the Civil Code of the Russian Federation; clause 4, article 9.2 of the Federal Law "On non-profit organizations").
An autonomous institution is a non-profit organization created on the basis of property that is in federal ownership, or in the ownership of a constituent entity of the Russian Federation, or in municipal ownership to perform work, provide services in the field of education, culture and other services (part 3 of article 2 of the Federal Law "On Autonomous Institutions"). An autonomous institution has the right to open accounts in credit institutions, in territorial bodies Federal Treasury, financial authorities of the constituent entities of the Russian Federation, municipalities.
The founder of an autonomous library created on the basis of property owned by a constituent entity of the Russian Federation has the right to conclude agreements on the opening by an autonomous institution under their control of personal accounts in the territorial bodies of the Federal Treasuries (Part 3.1, Article 2 of the Federal Law "On Autonomous Institutions").
Thus, a library that is standalone, according to Civil Code of the Russian Federation (Article 120, paragraph 2) and the federal law "On Autonomous Institutions" is created by decision of the state executive body or representative body of local self-government: the head of the municipality or local
administration. Decree of the Government of the Russian Federation of May 28, 2007 No. 325
the proposal forms for the creation of an autonomous institution by changing the type of an existing state or municipal institution were approved. By order of the Ministry of Economic Development and Trade of the Russian Federation of July 20, 2007 No. 261, “ Guidelines on filling out the proposal form for the creation of an autonomous institution by changing the type of an existing state or municipal institution.
The types of particularly valuable movable property of an autonomous institution are determined by: federal executive authorities - for federal libraries; executive authorities of the constituent entities of the Russian Federation - for state libraries of the constituent entities of the Russian Federation; local administration - for municipal autonomous libraries in accordance with the list of especially valuable movable property (part 3 of article 3 of the Federal Law "On Autonomous Institutions").
Objects cultural heritage, historical and cultural monuments of the peoples of the Russian Federation, cultural values, restricted for use in civil circulation or withdrawn from it, assigned to an autonomous library, is determined by federal laws and other regulatory legal acts of the Russian Federation (Part 8, Article 3 of the Federal Law "On Autonomous Institutions"),
An autonomous library, without the consent of the owner, is not entitled to dispose of immovable property and especially valuable movable property assigned to it by the owner or acquired at the expense of funds allocated by the owner. The rest of the property, which is on the right of operational management, an autonomous institution has the right to dispose of independently (clause 2, article 298 of the Civil Code of the Russian Federation).
An autonomous library has the right to carry out income-generating activities that serve to achieve the goals for which it was created if
such activity is specified in its founding document - the charter. The income received from this activity or the property acquired at the expense of these incomes goes to the independent disposal of an autonomous institution (clause 2 of article 298 of the Civil Code of the Russian Federation).
Autonomous institutions may open accounts with credit institutions or personal accounts with territorial bodies of the federal treasury, financial bodies of constituent entities of the Russian Federation. They are prohibited from opening accounts outside the treasury system. The Ministry of Finance of the Russian Federation will determine the accounting procedure.
The state and municipal task for an autonomous institution is formed and approved by the founder in accordance with the types of activities established in the charter (part 2, article 4 of the Federal Law "On Autonomous Institutions"). Financial support for the fulfillment of a state or municipal task, taking into account the costs of maintaining real estate 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 it by the founder (Part 3, Article 4 of the Federal Law "On Autonomous Institutions") .
The owner of the property is not responsible for the obligations of the autonomous library.
In accordance with the law of the Russian Federation "Fundamentals of the Legislation of the Russian Federation on Culture", the founder of an autonomous institution provides financial support for its activities related to the performance of work, the provision of services for the consumer in accordance with the instructions of the founder free of charge or partially for a fee. The founder provides full financing of the costs of maintenance, preservation for replenishment, for example, library funds, including public libraries, as well as the preservation and use of cultural heritage objects transferred to an autonomous institution (Article 46 of the Law of the Russian Federation "Fundamentals of Legislation
When creating a library in the form of an autonomous institution by its
institutions are making a decision for federal libraries -
Government of the Russian Federation on the basis of proposals from federal authorities
executive power, for libraries of subjects of the Russian Federation - executive
body of the subject of the Russian Federation, for municipal libraries - local
the administration of the municipality (Article 5, paragraphs 2, 3 of the Federal Law "On
autonomous institutions). At present, the decision
The Government of the Russian Federation dated 10.10.2007 No. 662 approved the “Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal autonomous institution”, which regulates the procedure for exercising the functions and powers of the founder of an autonomous institution created on the basis of federally owned property.
When creating an autonomous institution by changing the type of state or municipal institution, the decision is made on the initiative or with the consent of the state or municipal institution, if such a decision does not entail violations constitutional rights citizens, including the right to participate in cultural life, the right to receive free services (clauses 4, 5, 6, article 5 of the Federal Law “On Autonomous Institutions”). Such changes are prepared by the executive body of state power or local government, which is in charge of the relevant institution and must contain (clause 7, article 5 of the Federal Law "On Autonomous Institutions"):
Justification for the creation of an autonomous institution, taking into account possible
socio-economic impacts, accessibility for the population and
quality of performed and rendered services;
Information about the approval of the change in the type of institution by the higher
collegiate body, if any;
Information about the property that is in the operational management of the relevant state or municipal institution;
relevant state or municipal institution;
Information about other property to be transferred to the operational
management in the created autonomous institution;
Other information.
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.
The creation, for example, of an autonomous library by changing the type of an existing state or municipal institution is not its reorganization. At the same time, appropriate changes are made to the library's charter (clause 14, article 5 of the Federal Law "On Autonomous Institutions").
An autonomous institution is obliged to publish annually reports on its activities and on the use of property assigned to it (clause 10, article 2 of the Federal Law “On Autonomous institutions").
We note in particular that the Law provides for the obligation of the founder of a budgetary or autonomous institution in the field of culture in in full finance the costs of maintaining, maintaining and replenishing the state part Museum fund Russian Federation, Archival fund Russian Federation and national library fund, which has a special historical, scientific, cultural significance, which is in the operational management of state or municipal cultural institutions. These funds shall be classified as particularly valuable movable property. Corresponding changes were made to Article 26 of the Law of the Russian Federation "Fundamentals of the Legislation of the Russian Federation on Culture" dated 09.10.1992 Year No. 3612-1.
A government institution is a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality, which is a state or municipal institution that provides state or municipal services, performs work and/or performs
state or municipal functions in order to ensure the implementation of the powers of state authorities or local governments provided for by the legislation of the Russian Federation, the financial support of which is carried out at the expense of the relevant budget on the basis of the budget estimate, (paragraph 39, clause 3, article 69.2 of the Budget Code of the Russian Federation; Art. 24 of the Federal Law "On non-profit organizations"). An exhaustive list of activities in accordance with the objectives of its creation is determined by the constituent documents.
This is a new type of budgetary institution, which was not previously in the civil legislation of the Russian Federation. Features of the legal status of a state institution are determined by Article 161 of the Budget Code of the Russian Federation. So. it was established that financial support for the activities of a state institution is carried out at the expense of the corresponding budget of the budgetary system of the Russian Federation on the basis of a budget estimate.
A government institution may carry out income-generating activities only if such a right is provided for in its founding document - the charter. The income received from this activity will go to the appropriate budget of the budget system of the Russian Federation, that is, to the federal, regional or 4 local budget (clause 4 of article 298 of the Civil Code RF; paragraph 3 of Art. 161 of the Budget Code of the Russian Federation). Thus, the state institution will have to give all the income it receives to the appropriate budget.
State institutions will conclude and pay for state or municipal contracts or other agreements subject to execution at the expense of budgetary funds on behalf of the Russian Federation, a constituent entity of the Russian Federation, a municipality within the limits of budgetary obligations brought to a state institution (clause 5, article 161 of the Budget Code of the Russian Federation) . In case of insufficiency of budgetary limits
obligations brought to the state institution for the execution of its
monetary obligations on them on behalf of the Russian Federation, the subject
Russian Federation, the municipality is responsible
the relevant public authority, the governing body of the state non-budgetary fund, the local government body, the local administration body exercising the budgetary powers of the main manager of budgetary funds (clause 7 of article 161 of the Budget Code of the Russian Federation) .
A government institution independently acts in court as a plaintiff and defendant for its obligations (clause 8, article 161 of the Budget Code of the Russian Federation).
A government institution is not entitled to alienate or otherwise dispose of property without the consent of the owner (clause 4, article 298 of the Civil Code of the Russian Federation). Thus, the eye is deprived of the right to dispose of immovable and especially valuable movable property assigned to it or purchased with the funds allocated by the founder. These institutions cannot be subject to bankruptcy, but their leader can be fired when they accumulate a large amount of debt.
On the one hand, the Law has greatly limited the list of state-owned institutions. In accordance with the Law, these will include military departments, pre-trial detention centers, correctional institutions, psychiatric hospitals, leprosaria, institutions of a number federal departments, in particular, fire fighting, migration and customs services, the FSB, as well as some others. On the other hand, some others include educational institutions (schools, kindergartens, colleges and universities). educational establishments), medical institutions(hospitals and polyclinics) and cultural institutions (theaters, museums, clubs, houses of culture, archives and libraries).
The decision to create a budgetary or state-owned institution is taken by its founder in the manner prescribed by the Government of the Russian Federation - for federal ones; supreme executive body
state power of the constituent entity of the Russian Federation - for the constituent entities of the Russian Federation (autonomous republics, territories, regions, autonomous regions, autonomous region, the cities of Moscow and St. Petersburg); local administration of the municipality - for municipal (clause 2, article 13 of the Federal Law "On non-profit organizations").
The relevant founder approves the charter of a budgetary or state-owned institution (clause 1.1, article 14 of the Federal Law "On non-profit organizations").
The charter of a budgetary or government institution must contain the name of the institution, indicating its organizational and legal form, information about the owner of its property; an exhaustive list of the types of activities that it has the right to carry out in accordance with the goals for which it was created, an indication of the structure, competence of the governing bodies, the procedure for their formation, terms of office and the procedure for their activities (clause 3, article 14 of the Federal Law "On non-profit organizations" ). In addition, the charter may determine the subject and objectives of the activity, contain information about the branches of the institution, its separate subdivisions, other information provided by the Law.
Separate types activities, for example, activities in the field of communications, educational activities, can be carried out on the basis of special permits - licenses (paragraph 1 of article 24 of the Federal Law iT O non-profit organizations "). The list of these types of activities is determined by the Federal Law "On Licensing Certain Types of Activities" dated 08/08/2001 No. 128-FZ.
State or municipal tasks for budgetary and autonomous institutions, as well as state-owned ones, are determined in accordance with the decisions of the state authority, local government body exercising the budgetary powers of the main manager of budgetary funds (clause 2 of article 69.2 of the Budget Code of the Russian Federation).
The decision on the reorganization of budgetary or state institutions and their
conduct takes place in the manner prescribed by the Government of the Russian Federation - for federal institutions; the highest executive body of state power of a constituent entity of the Russian Federation - for institutions of constituent entities of the Russian Federation (autonomous republics, territories, regions, autonomous districts, an autonomous region, the cities of Moscow and St. Petersburg); local administration of the municipality - for municipal institutions (clause 2.1 of article 16 of the Federal Law "On non-profit organizations").
The transfer of budgetary institutions to state institutions will be reduced only to the introduction of changes in their charter. The Law notes that a change in the type of a state or municipal institution is not its reorganization (clause 1, article 17.1 of the Federal Law "On non-profit organizations"). To do this, it is enough to enter founding documents appropriate changes in the type of budgetary institution in order to create a state-owned institution and vice versa. Such changes are carried out in the manner established by the Government of the Russian Federation - for federal institutions; the highest executive body of state power of a constituent entity of the Russian Federation - for institutions of constituent entities of the Russian Federation (autonomous republics, territories, regions, autonomous districts, an autonomous region, the cities of Moscow and St. Petersburg); local administration of the municipality - for municipal institutions.
Changing the type of an existing budgetary or state-owned institution in order to create an autonomous institution and vice versa is carried out in the manner established by the Federal Law "On Autonomous Institutions" dated
November 3, 2006 No. 178-FZ (clause 3, article 17.1 of the Federal Law "On non-profit organizations").
In contrast to the previously existing rules of law, according to which a budgetary institution, as a rule, could not be liquidated, Article 18
Federal Law "On Non-Commercial Organizations" was supplemented by paragraph 5 on the liquidation and liquidation of a budgetary institution, which is carried out in the manner established by the Government of the Russian Federation - for federal institutions; the highest executive body of state power of a constituent entity of the Russian Federation - for institutions of the constituent entities of the Russian Federation (autonomous republics, territories , regions, autonomous districts, autonomous region, cities of Moscow and St. Petersburg); local administration of the municipality - for municipal institutions.
The federal law "On non-profit organizations" was also supplemented
new article 19.1, which provides for the specifics of the liquidation of a state institution. In particular, it was established that in the event of liquidation of a state-owned institution, the creditor is not entitled to demand early fulfillment of the corresponding obligation.
Budgetary, autonomous and state-owned institutions ensure openness to the availability of the following documents (clause 3.3 of article 32 of the Federal Law "On non-profit organizations"):
constituent documents, including changes made to them;
certificates of state registration;
decisions of the founder on the establishment of the institution;
decisions of the founder on the appointment of the head of the institution;
regulations on branches and subdivisions of the institution;
plan of financial and economic activities of the institution;
annual financial statements of the institution;
information about the conducted in relation to the institution control measures and their results;
state or municipal task for the provision of services;
report on the results of its activities and on the use, fixed
behind a government agency or municipal property.
The law should come into force on January 1, 2011. Before I July 2012, a transitional period will be established that will allow the institutions to operate as usual. legal regime. In particular, previously adopted normative legal acts are in force, their personal accounts are not reopened. There is still time for the heads of public libraries in the city of Moscow to decide whether to change their legal status. Choose!!!
COMMENTARY OF THE FEDERAL LAW N 83-FZ OF MAY 8, 2010 "ON AMENDING CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE IMPROVEMENT OF THE LEGAL STATUS OF STATE (MUNICIPAL) INSTITUTIONS"
S.P. GRISHAEV
Federal Law No. 83-FZ of May 8, 2010 amended a number of legal acts, including Federal Law No. 395-1 of December 2, 1990 "On Banks and Banking Activity", Law of the Russian Federation of April 18 1991 N 1026-1 "On the Police", Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", Law of the Russian Federation of October 9, 1992 N 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture", part First of the Civil Code of the Russian Federation, Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations", Part Two of the Civil Code of the Russian Federation, Federal Law of May 31, 1996 N 61-FZ "On Defense", Federal Law of 22 August 1996 N 125-FZ "On higher and postgraduate vocational education", Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy", Federal Law of November 21, 1996 N 129-FZ "On Accounting", the Budget Code of the Russian Federation and a number of other legal acts .
The most important and numerous changes affected the Civil Code of the Russian Federation, the Law on Non-Commercial Organizations, and the Budget Code of the Russian Federation. In this regard, the Commentary will be limited to the three specified legal acts.
As follows from the title of the commented Law, the changes concern the legal status of state (municipal) institutions. In particular, the legal status of budgetary and state-owned institutions is fixed, which were either previously only mentioned by legislation (budgetary institutions in paragraph 2 of article 120 of the Civil Code), or are fundamentally new legal form(government institutions). Thus, we can talk about the presence of three types of state (municipal) institutions - budgetary, state, autonomous. As for the latter, their legal status is regulated in sufficient detail by the Federal Law of November 3, 2006 N 174-FZ "On Autonomous Institutions", therefore little attention is paid to them in the commented Law.
At the same time, the mentioned types of institutions are not some kind of frozen forms; the commented Law allows the transformation of one type into another. Thus, according to the newly introduced art. 17.1 of the Law on Non-Commercial Organizations, a change in the type of a state or municipal institution is not its reorganization. When changing the type of a state or municipal institution, appropriate changes are made to its constituent documents.
Changing the type of a budgetary institution for the purpose of creating a state institution, as well as changing the type of a state institution for the purpose of creating a budgetary institution, shall be carried out in the manner established by:
1) the Government of the Russian Federation - in relation to federal budgetary or state institutions;
2) the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary or state institutions of a constituent entity of the Russian Federation;
3) by the local administration of the municipality - in relation to municipal budgetary or state-owned institutions.
Changing the type of an existing budgetary or state-owned institution in order to create an autonomous institution, as well as changing the type of an existing autonomous institution in order to create a budgetary or state-owned institution, shall be carried out in accordance with the procedure established by Federal Law No. 174-FZ of November 3, 2006 "On Autonomous Institutions".
The emergence of such a gradation of institutions is due to the fact that the system of budgetary institutions that existed earlier in the Russian Federation was formed in other socio-economic conditions and did not meet modern requirements, since it was excessively costly. Essentially, organs public authority at all levels they carried out the maintenance of budgetary institutions, regardless of the volume and quality of the services they provide, paying for their activities according to the estimate. At the same time, some budgetary institutions were actively engaged in entrepreneurial activity, providing additional paid services, but without making appropriate contributions to the budget. The legal status of income from such activities, as well as the rights and obligations of institutions, were not clearly defined.
First of all, the legislator regulates the procedure for creating these types of institutions. In relation to a budgetary or state-owned institution, the decision to establish them in accordance with paragraph 2 of Art. 13 of the Law on non-profit organizations is adopted in the manner prescribed by:
1) the Government of the Russian Federation - for federal budgetary or state institutions;
2) the highest executive body of state power of a constituent entity of the Russian Federation - for budgetary or state institutions of the constituent entities of the Russian Federation;
3) by the local administration of the municipal formation - for municipal budgetary or state-owned institutions.
In other words, the procedure for creating a budgetary or state-owned institution through the establishment should be regulated by special legal acts adopted by the above bodies, but so far such legal acts have not been adopted.
Budgetary or government institutions operate on the basis of the charter, which is approved by the above bodies. They also decide to amend the charter and reorganize state-owned or budgetary institutions (clause 2.1, article 16 of the Law on Non-Commercial Organizations).
Sometimes the question arises about the possibility of establishing institutions by legal entities that are not owners of their property, in particular state and municipal unitary enterprises and institutions. AT this case one should proceed from the fact that the owner of institutions, including the state, can act in civil circulation both directly and indirectly through the institutions created by him. Thus, with the consent of the owner - a public entity, this is possible in cases specified by law.
Similarly, the legislator resolved this issue in the commented Law, delimiting the rights of budgetary and state institutions. So, according to the newly introduced paragraph 4 of Art. 24 of the Law on non-profit organizations, a budget institution has the right, with the consent of the owner, to transfer to non-profit organizations as their founder or participant cash(unless otherwise established by the terms of their provision) and other property, with the exception of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property.
Thus, in the cases and in the manner provided for by federal laws, a budgetary institution has the right to contribute property, the said property to the authorized (reserve) capital of business companies or otherwise transfer this property to them as their founder or participant. At the same time, a state institution is not entitled to act as a founder (participant) legal entities.
Although earlier the concept of a budgetary institution was mentioned in a number of legal acts, and above all in paragraph 2 of Art. 120 of the Civil Code, however, its legal definition and clear legal status did not exist. The situation has changed in connection with the adoption of the commented Law, which introduced changes to a number of legal acts, and in particular to the Law on Non-Commercial Organizations. According to the newly introduced art. 9.2 of the Law on Non-Profit Organizations, a budgetary institution is a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of state authorities (state bodies) or local governments in the areas of science, education, healthcare, culture, social protection, employment, physical culture and sports, as well as in other areas.
Budgetary institutions carry out their activities in accordance with state (municipal) assignments and (or) obligations to the insurer for compulsory social insurance. The state (municipal) task is formed for budgetary institutions determined in accordance with the decision of the state authority (state body), local government body exercising the budgetary powers of the main manager of budgetary funds. They cannot refuse to fulfill the state (municipal) task.
At the same time, the activities of budgetary institutions are not limited to these tasks. According to paragraph 4 of Art. 9.2 of the Law on Non-Commercial Organizations, a budgetary institution has the right, in addition to the established state (municipal) assignment, and also in cases specified by federal laws, within the established state (municipal) assignment, to perform work, provide services related to its main activities, provided for by its constituent document , in the areas specified in paragraph 1 of Article 9.2, for citizens and legal entities for a fee and on the same conditions for the provision of the same services. The procedure for determining the specified fee is established by the relevant body exercising the functions and powers of the founder, unless otherwise provided by federal law.
At the same time, a budget institution has the right to carry out other types of activities that are not the main types of activity, only insofar as this serves to achieve the goals for which it was created and corresponding to the specified goals, provided that such activities are indicated in its constituent documents.
A budgetary institution is liable for its obligations with all the property it has on the right of operational management of property, both assigned to the budgetary institution by the owner of the property, and acquired at the expense of income received from income-generating activities, with the exception of especially valuable movable property assigned to the budgetary institution by the owner of this property or acquired by a budgetary institution at the expense of funds allocated by the owner of the property of a budgetary institution, as well as real estate. The owner of the property of a budgetary institution shall not be liable for the obligations of a budgetary institution.
In relation to budgetary institutions, the legislator uses the term "financial support for the implementation of the state (municipal) task" (Article 9.2 of the Law on Non-Commercial Organizations). In this case, it means that, setting tasks for a budgetary institution, public education bear the necessary costs for its implementation. So, according to paragraph 6 of Art. 9.2 of the Law on Non-Commercial Organizations, financial support for the fulfillment of the state (municipal) task by a budgetary institution is carried out in the form of subsidies from the corresponding budget of the budgetary system of the Russian Federation.
Financial support for the fulfillment of the state (municipal) assignment is carried out taking into account the costs of maintaining real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, the costs of paying taxes, as object of taxation for which the relevant property is recognized, including land plots.
At the same time, in the case of leasing, with the consent of the founder, immovable property and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary 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. Obviously, the legislator proceeds from the fact that the funds received will be sufficient for the institution to be able to carry out the functions assigned to it without receiving subsidies from public entities. It should be noted that this is true only for budgetary institutions located in large cities (primarily in Moscow). Therefore, for the majority of budgetary institutions there will be a difficult choice - either to refuse rent as a source of additional income, even if there is an unused area, or to lose financial support from public entities.
The specific procedure for financial support will be established in legal acts adopted by the Government of the Russian Federation, state authorities of a constituent entity of the Russian Federation, and local governments (so far, such legal acts have not been adopted).
According to Art. 161 of the Budget Code of the Russian Federation, a budgetary institution carries out operations with budgetary funds through personal accounts opened for it in accordance with the provisions of the Code. More specifically, this is stated in paragraph 8 of Art. 9.2 of the Law on non-profit organizations, according to which a budgetary institution carries out operations with funds received by it in accordance with the legislation of the Russian Federation through personal accounts opened with a territorial body of the federal treasury or a financial body of a subject of the Russian Federation (municipal formation) in the manner established by the legislation of the Russian Federation ( except as otherwise provided by federal law). Obviously, an even more detailed procedure will be established in by-laws.
The issue of property rights, on the basis of which a land plot is provided to a budgetary institution, is regulated in a special way. Such property right is the right of permanent (unlimited) use (clause 9, article 9.2 of the Law on non-commercial organizations). It should be noted that the existence of such a right is unknown in the legislation of other countries. The subjects of a permanent (unlimited) right to use a land plot can be both legal entities (regardless of the form of ownership) and individuals. According to paragraph 2 of Art. 20 of the Land Code of the Russian Federation, at present, land plots are not provided to citizens for permanent (unlimited) use.
Possibilities for the disposal of such land are limited. The owner of the site has the right only to transfer it to other persons for rent or free fixed-term use and only with the consent of the owner. However, if there is a building or structure on such a plot that belongs to the owner of the plot on the right of ownership, then, having alienated such a building or structure, the transfer of the right to use this land plot belonging to him is carried out. Thus, we can say that the subject of permanent law perpetual use, making transactions for the disposal of real estate, may to a certain extent dispose of the land.
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 a budgetary institution on the terms and in the manner determined by federal laws and other regulatory legal acts of the Russian Federation. Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" in Art. 3 regulates this issue. According to this article, objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation include real estate objects with related works of painting, sculpture, arts and crafts, objects of science and technology and other objects of material culture that arose as a result of historical events, which are of value in terms of history, archeology, architecture, urban planning, art, science and technology, aesthetics, ethnology or anthropology, social culture and are evidence of eras and civilizations, true sources of information about the origin and development of culture. Thus, historical and cultural monuments are understood only as objects of immovable property.
It should be noted that the legislator gives a special meaning to the concept of a monument of history and culture, which lies in the fact that objects recognized as monuments of history and culture are subject to a special legal regime and are under special legal protection. In order for an object to receive a special legal protection, it is necessary that it be recognized as such in the manner prescribed by law. At the same time, it should be borne in mind that there are no objective signs for recognizing them as such. Each time this issue is resolved on an individual basis based on the opinion of specialists.
Thus, a budgetary institution is a state (municipal) institution, the financial support for the performance of the functions of which, including the provision of state (municipal) services to individuals and legal entities in accordance with the state (municipal) task, is carried out at the expense of the relevant budget. At the same time, the state (municipal) assignment is a document that establishes requirements for the composition, quality and (or) volume, conditions, procedure and results of the provision of state (municipal) services.
The conclusion and payment by a budgetary institution of state (municipal) contracts, other agreements subject to execution at the expense of budgetary funds, are made within the limits of budgetary obligations brought to it by the classification codes of expenditures of the corresponding budget and taking into account accepted and unfulfilled obligations.
If a budgetary institution violates the procedure for accounting for budgetary obligations established by the financial authority, the authorization of payment of monetary obligations of the budgetary institution is suspended in accordance with the procedure determined by the relevant financial authority.
Some types of budgetary institutions have a certain economic independence, provided for by other legal acts. So, according to paragraph 8 of Art. 27 of the Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education" higher educational institutions that are budgetary educational institutions, and created state academies sciences, higher educational institutions have the right, without the consent of the owner of their property, with notification of the federal executive body responsible for the development of state policy and legal regulation in the field of scientific and scientific and technical activities, to be founders (including jointly with other persons) of economic companies whose activities are practical application(implementation) results intellectual activity(programs for electronic computers, databases, inventions, utility models, industrial designs, breeding achievements, topologies integrated circuits, production secrets (know-how), exclusive rights to which these institutions of higher education belong).
In addition, according to paragraph 3.1 of Art. 5 of the Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy", budgetary scientific institutions and scientific institutions established by state academies of sciences have the right without the consent of the owner of their property with notification of the federal executive body that performs the functions of development of state policy and legal regulation in the field of scientific and scientific and technical activities, to be founders (including jointly with other persons) of economic companies whose activities consist in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, breeding achievements, topologies of integrated circuits, production secrets (know-how), the exclusive rights to which belong to these scientific institutions).
As for the state institution, the concept of which was introduced by the commented Law, its status essentially coincides with the status of a budgetary institution enshrined in the previous legislation with an additional restriction in the form of transferring from 2011 all income received from income-generating activities to the appropriate budget.
Yes, according to new edition paragraph 4 of Art. 298 of the Civil Code, a state-owned institution may carry out income-generating activities in accordance with its constituent documents. Income received from the said activities shall be transferred to the relevant budget of the budgetary system of the Russian Federation. The adopted provision will put an end to the disputes regarding the fate of the additional money earned by the institution, which arose earlier in practice. However, it is obvious that there will be no incentive for state-owned institutions to engage in additional income-generating activities.
The same paragraph states that a state institution is not entitled to alienate or otherwise dispose of property without the consent of the owner of the property. Thus, there is no need to talk about any property independence of a state institution.
The definition of a government institution is given in the Budget Code of the Russian Federation. According to paragraph 39 of Art. 6 of the Budget Code of the Russian Federation, a state institution is a state (municipal) institution that provides state (municipal) services, performs work and (or) performs state (municipal) functions in order to ensure the implementation of the powers of state authorities (state bodies) provided for by the legislation of the Russian Federation or local self-government bodies, the financial support of which is carried out at the expense of the relevant budget on the basis of the budget estimate.
The state (municipal) task is formed for state institutions, determined in accordance with the decision of the state authority (state body), local government body exercising the budgetary powers of the main manager of budgetary funds.
According to paragraph 1 of Art. 161 of the Budget Code of the Russian Federation, a public institution is under the jurisdiction of a state authority (state body), a management body of a state off-budget fund, a local government body exercising budgetary powers of the main manager (manager) of budgetary funds, unless otherwise established by the legislation of the Russian Federation.
The founders of state institutions can only be public entities: the Russian Federation - in relation to a federal state institution; a subject of the Russian Federation - in relation to a budgetary or government institution of a subject of the Russian Federation; municipality - in relation to a municipal budgetary or state institution.
The constituent document of state institutions is the charter, which is approved in the manner established by the heads of the relevant public entities:
It should be noted that this procedure has not yet been established.
The charter of a public institution must contain the name of the institution with an indication of the type (respectively, a state institution), information about the owner of its property, an exhaustive list of the types of activities that a public institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, competence of the governing bodies institutions, the procedure for their formation, the terms of office and the procedure for the activities of such bodies. Changes to the charter are made by the same bodies that approve the charter (clause 4, article 14 of the Law on Non-Commercial Organizations).
Special rules apply to the reorganization, change in the type of a public institution and its liquidation. In all these cases, a special procedure must be established and approved by the heads of the relevant public entities:
1) the Government of the Russian Federation - in relation to federal state institutions;
2) the highest executive body of state power of a constituent entity of the Russian Federation - in relation to state institutions of a constituent entity of the Russian Federation;
3) by the local administration of the municipality - in relation to municipal government institutions.
During the reorganization of a government institution, the creditor shall not be entitled to demand early performance of the relevant obligation, as well as termination of the obligation and compensation for losses associated with it.
Financial support for the activities of a public institution is carried out at the expense of the appropriate budget of the budgetary system of the Russian Federation and on the basis of a budget estimate. Thus, all expenses of a public institution should be reimbursed from the budget. However, according to paragraph 3 of Art. 161 of the Budget Code of the Russian Federation, a state-owned institution can carry out income-generating activities only if such a right is provided for in its constituent document. As already noted, the income received from these activities goes to the appropriate budget of the budget system of the Russian Federation.
It should be noted that a government institution has no right to provide and receive credits (loans), purchase securities. Subsidies and budget loans are not provided to a state-owned institution (clause 10, article 161 of the RF BC).
According to paragraph 2.2 of Art. 16 of the Law on Non-Commercial Organizations in the course of reorganization of a public institution, the creditor is not entitled to demand early performance of the relevant obligation, as well as termination of the obligation and compensation for losses associated with this. It should be borne in mind that according to general rule according to paragraph 2 of Art. 60 of the Civil Code, the creditor of a legal entity, if its rights of claim arose before the publication of a notice of reorganization of a legal entity, has the right to demand early performance of the corresponding obligation by the debtor, and if early performance is impossible, termination of the obligation and compensation for related losses, except as otherwise established by law.
In this case, we are talking about such an exception. Obviously, the legislator proceeded from the fact that since state institutions are fully funded from the budget, the latter may not have additional funds for the early fulfillment of the corresponding obligation, since they were not allocated from the budget.
Changes were made to Art. 298 of the Civil Code, which is called "Disposal of the property of an institution." In accordance with these changes, the legislator has established its own limits on the authority to dispose of each type of institution (previously, such limits did not exist). The greatest freedom is granted to autonomous institutions, which, according to the amended version of paragraph 2 of Art. 298 of the Civil Code is not entitled to dispose of immovable property and especially valuable movable property assigned to it by the owner or acquired by an autonomous institution at the expense of funds allocated to it by the owner for the acquisition of such property. An autonomous institution has the right to dispose of the rest of the property that is under its right of operational management, unless otherwise provided by law.
A budgetary institution, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property. The rest of the property that is under its right of operational management, the budgetary institution has the right to dispose of independently, unless otherwise provided by law.
As for a government institution, it is not entitled to alienate or otherwise dispose of property without the consent of the owner of the property.
Thus, the property of an autonomous or budgetary institution, which is under the right of operational management, does not have a general legal regime. Two special legal regimes can be distinguished, depending on which category this or that property belongs to.
The first regime is real estate and especially valuable movable property.
The concept of real estate is derived from paragraph 1 of Article 130 of the Civil Code of the Russian Federation, which reads: "Real estate (real estate, real estate) includes land plots, subsoil plots, isolated water bodies and everything that is firmly connected with the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including forests, perennial plantings, buildings and structures.
Real estate also includes maritime, aircraft, inland navigation vessels, space objects. A distinctive feature of real estate is its inseparable connection with the land (in this case, land plots themselves are also considered as real estate), which, in turn, implies its significant value. The list of objects specified in Art. 130 of the Civil Code, which are immovable, is not purely legally exhaustive, since, as follows from paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, other property (the so-called real estate by law) can also be classified as immovable. Enterprises can be cited as an example (Article 132 of the Civil Code).
The specificity of real estate is the possibility of using this property only in conditions of more or less permanent location on a certain land plot, and for objects not connected with land and intended for the movement of people and goods, special condition is the place of their use - it is water, air or outer space.
According to paragraph 3 of Art. 3 of the Law on Autonomous Institutions, especially valuable movable property is understood as property, without which the implementation of its statutory activities by an autonomous institution will be significantly hampered (this is an estimated concept). The types of such property are determined in the manner established by the Government of the Russian Federation. The decision of the founder to classify the property as especially valuable movable property is taken simultaneously with the decision to assign the said property to an autonomous institution or to allocate funds for its acquisition. In the development of the provisions of paragraph 3 of Art. 3 of the Law on Autonomous Institutions The Government of the Russian Federation adopted Decree of May 31, 2007 N 337 "On the Procedure for Determining the Types of Particularly Valuable Movable Property of an Autonomous Institution".
The attribution of property transferred by the founder to a federal autonomous institution as especially valuable movable property is determined by a joint decision of the relevant federal executive body that performs the functions of normative legal regulation in the fields of science, education, healthcare, culture, social protection, employment, physical culture and sports, and the federal executive body, which is entrusted with the management federal property(clause 1 of the Resolution). Property ( material base) for the implementation of the statutory activities of the institution is provided by the owner, who is the founder of the autonomous institution, i.e. The Russian Federation, a constituent entity of the Federation or a municipality. For an autonomous institution, the property transferred by the owner is secured on the basis of the right of operational management (clause 1, article 3 of the Law on Autonomous Institutions). This provision of Art. 296 of the Civil Code of the Russian Federation applies to all types of institutions, including autonomous ones.
In a number of departmental legal acts, the concept of especially valuable movable property is specified. So, we can name the Order of the Ministry of Education and Science of the Russian Federation N 72, the Federal Property Management Agency N 58 of March 4, 2009 "On the types of especially valuable movable property of federal autonomous educational institutions" and the Order of the Ministry of Education and Science of the Russian Federation N 385, the Federal Property Management Agency N 416 of December 16, 2008 "On the types especially valuable movable property of federal autonomous scientific institutions.
In addition, according to Art. 26 of the Law of the Russian Federation of October 9, 1992 N 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture" items of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and the National Library Fund, which are in the operational management of state (municipal) cultural institutions, are subject to classification to especially valuable movable property of state (municipal) cultural institutions.
The second mode is the rest of the property, including real estate (acquired at the expense of its own income), which an autonomous institution has the right to dispose of independently, except for the contribution of the funds and other property included in it to the authorized (reserve) capital of other legal entities or otherwise transfer this property to other legal entities as their founder or participant, which is possible for an autonomous institution only with the consent of its founder (clause 6, article 3 of the Law on Autonomous Institutions).
Some attention in the commented Law was given to private institutions. Recall that according to paragraph 1 of Art. 9 of the Law on Non-Commercial Organizations, a private institution is a non-commercial organization created by the owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-commercial nature. The property of a private institution is assigned to it on the basis of the right of operational management in accordance with the Civil Code of the Russian Federation (clause 2, article 9 of the Law on Non-Commercial Organizations).
According to paragraph 1 of Art. 298 of the Civil Code, a private institution is not entitled to alienate or otherwise dispose of property assigned to it by the owner or acquired by this institution at the expense of funds allocated to it by the owner for the acquisition of such property.
A private institution has the right to carry out income-generating activities only if such a right is provided for in its constituent document, while the income received from such activities and the property acquired at the expense of these incomes shall be at the independent disposal of the private institution.
Thus, the rights and obligations of a private institution are formulated quite clearly.
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The draft Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of the Legal Status of State (Municipal) Institutions" (hereinafter referred to as the bill) is aimed at improving the efficiency of the provision of public and municipal services, subject to maintaining (or reducing growth rates) costs budgets for their provision, by creating conditions and incentives for reducing the internal costs of institutions and attracting extra-budgetary sources of financial support, as well as creating conditions and incentives for federal executive authorities to optimize the subordinated network.
The system of budgetary institutions existing in the Russian Federation was formed in other socio-economic conditions and still functions in isolation from modern approaches to development government controlled, from the principles of optimality and sufficiency for the provision of state and municipal services.
In fact, public authorities simply maintain existing system budgetary institutions, regardless of the volume and quality of services they provide. At the same time, the total number of institutions included in this system is very large - at the federal level, as of April 1, 2009, there were 25,287 institutions (without a closed part), at the regional and municipal levels, as of January 1, 2009 - 302,660 institutions .
In the current legal status, there are no incentives for budgetary institutions to optimize and increase efficiency, which is primarily due to estimated funding from actual costs. The degree of closedness of the management of most budgetary institutions is high - both from ordinary employees of these institutions, and from other citizens - consumers of state (municipal) services.
At the same time, in fact, most budgetary institutions are already included in the economic turnover and receive fairly high incomes from income-generating activities. Thus, in 2008, out of 9,997 federal budgetary institutions providing public services legal entities and individuals, 3,786 institutions (37.9% of their total number) had a share of income from income-generating activities in their total financial support of more than 40%, including 1,030 institutions were fully funded from such income. These institutions are mainly related to such areas as education, health, science and culture.
In previous years, a number of consistent actions were taken to solve the main problems of the development of the budgetary network, among which should be noted the adoption of Federal Law No. all regulations necessary for the implementation of this Law.
However, in practice, in more than two years since the entry into force of the Federal Law "On Autonomous Institutions", only four autonomous institutions have been created at the federal level. On the regional level the creation of autonomous institutions is more active, but only in those constituent entities of the Russian Federation in which modern models of budget system management are being introduced (Tyumen region, Krasnoyarsk region, Krasnodar Territory, Republic of Tatarstan, etc.).
Accelerating the process of creating and functioning of autonomous institutions, including at the federal level, is hampered by a number of factors, including the unreasonably complicated procedure for creating autonomous institutions (it requires the Government of the Russian Federation to make individual decisions for each institution), and the fears of the heads of most budgetary institutions about organizational and other difficulties associated with the transition to an autonomous institution.
Accordingly, the previously enshrined legal mechanisms were not implemented in practice, which did not allow solving the problems of optimizing the budget network.
In this regard, it is proposed:
1. Change the legal status of existing budgetary institutions capable of functioning on the basis of market principles, without their transformation and create conditions and incentives for reducing internal costs and increasing the efficiency of their activities, including:
To change the mechanisms of financial provision of budgetary institutions with an expanded scope of rights, transferring them from January 1, 2011 from estimated financing to subsidies within the framework of the state task;
Grant the right to budgetary institutions to engage in income-generating activities with the receipt of income at the independent disposal of these institutions;
Eliminate the subsidiary liability of the state for the obligations of budgetary institutions with an expanded scope of rights;
Expand the rights of budgetary institutions to dispose of any movable property assigned to the institution, with the exception of especially valuable movable property, the list of which is established by the public authority - the founder of the relevant institution.
2. Create a new type of state (municipal) institutions - a state institution, the status of which essentially coincides with that enshrined in current legislation the current status of a budgetary institution with an additional restriction in the form of transferring from 2011 all income received from income-generating activities to the relevant budget.
At the same time, the procedure for transferring institutions to state-owned institutions should ensure the minimization of organizational measures associated with changing the status of state-owned institutions, and reduce them only to amending the charter (standard charter) of the institution or its regulation.
Moreover, a transitional period is set for 2010, which allows both budgetary institutions with an expanded scope of rights and state-owned institutions to function, in fact, in the previous legal regime (in particular, the previously adopted regulations, personal accounts of institutions are not reopened, and extra-budgetary revenues of state institutions are not credited to the budget).
At the same time, the initial standards for the costs of providing services by a federal budgetary institution and the costs of maintaining the property of such an institution must be determined by the federal authority - chief steward federal budget funds, in relation to each of the budgetary institutions, based on the amount of budgetary allocations provided to this federal agency estimated in 2010.
Starting January 1, 2011, the changes concerning the legal status of budgetary institutions and state-owned institutions are proposed to be extended to institutions that are under the jurisdiction of the constituent entities of the Russian Federation and municipalities.
In addition, it is necessary to create conditions and incentives for federal authorities to optimize the network of subordinate institutions:
Simplify the procedures for reorganization (in the form of mergers and acquisitions) and liquidation of institutions by transferring the relevant powers from the Government of the Russian Federation federal authorities state power;
Establish in regulatory legal acts a rule on maintaining the volume of budget allocations to federal authorities - the main managers of budgetary funds in the event of reorganization (merger, accession) or liquidation of subordinate institutions by them (subject to maintaining the volume and quality of the services they provide).
In this regard, the draft law proposes a number of changes, both substantive and editorial, to ensure the creation legal framework for the functioning of public institutions, clarification (change) of the status of budgetary and autonomous institutions, elimination of internal contradictions, filling gaps in legal regulation or clarification of wording current editions normative legal acts.
The bill will apply to the federal, regional and local levels.
Articles 1, 2, 5, 6, 7, 10, 13, 15, 16, 17, 18 of the draft law provide for the introduction of amendments to ensure the implementation of the main conceptual solutions of the draft law, including the creation of a legal framework for the functioning of public institutions, in sectoral legislative acts, namely: Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education", Law of the Russian Federation of October 9, 1992 N 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture", Federal Law of May 31, 1996 N 61 -FZ "On Defense", Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education", Federal Law of August 23, 1996 N 127-FZ "On Science and State Scientific and Technical Policy", Federal Law No. 115-FZ of August 7, 2001 "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism", Federal Law No. 20-FZ of January 10, 2003 "On the State automated system of the Russian Federation "Elections", Federal Law of July 26, 2006 N 135-FZ "On Protection of Competition", Federal Law of November 8, 2007 N 261-FZ "On Seaports in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation", Federal Law of October 22, 2004 N 125-FZ "On Archiving in the Russian Federation", Federal Law of May 26, 1996 N 54-FZ "On the Museum Fund of the Russian Federation and Museums in the Russian Federation" and Federal Law of June 3, 2009 N 103-FZ "On the activity of accepting payments from individuals carried out by payment agents".
Article 3 of the draft law provides for amendments to the first part of the Civil Code of the Russian Federation in terms of determining the legal status of institutions in property relations.
1. The property of a budgetary institution will belong to it on the basis of the right of operational management.
The bill contains norms prohibiting, without the consent of the owner, to dispose of immovable and especially valuable movable property assigned to a budgetary institution by the owner or acquired by a budgetary institution at the expense of earmarked funds allocated to him by the owner.
The budget institution shall have the right to dispose of the rest of the property assigned to it independently, unless otherwise established by law.
A budgetary institution has the right to carry out income-generating activities in accordance with its constituent documents, while the income received from such activities and the property acquired at the expense of these incomes shall be at the independent disposal of the budgetary institution.
If at present a budgetary institution is liable for its obligations only with the funds at its disposal, then the draft law proposes to consolidate the rule according to which a budgetary institution is liable for its obligations with all its property, with the exception of especially valuable movable property assigned to a budgetary institution by the owner of this property or acquired by a budgetary institution at the expense of funds allocated by such an owner, as well as real estate. At the same time, it is planned to abandon the subsidiary liability of the owner for the obligations of a budgetary institution.
2. A treasury institution shall not have the right to alienate or otherwise dispose of property without the consent of the owner of the property. The property of a state institution will also belong to it on the basis of the right of operational management.
A government institution may carry out income-generating activities only if such a right is granted to it in accordance with the constituent documents. Income received from the said activities shall be transferred to the relevant budget of the budgetary system of the Russian Federation.
At the same time, the state institution will be liable for its obligations only with the funds at its disposal. In case of insufficiency of the said funds, the owner of its property bears subsidiary liability for the obligations of such an institution.
Article 4 of the bill provides for amendments to the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations" in terms of determining the status of a budgetary institution.
A budgetary institution is defined by the draft law as a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work or provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of state authorities (state bodies) or local governments in the fields of science, education , health care, culture, social protection, employment, physical culture and sports, as well as in other areas.
A budgetary institution carries out, in accordance with state (municipal) assignments, activities related to the performance of work, the provision of services related to its main activities. An exhaustive list of activities (main and other) that a budgetary institution is entitled to carry out in accordance with the goals for which it was created, is subject to fixing in the charter of a budgetary institution.
State (municipal) tasks for a budgetary institution in accordance with the main types of activity provided for by its constituent documents are established by the body exercising the functions and powers of the founder. At the same time, a budgetary institution is not entitled to refuse to fulfill a state (municipal) assignment.
Financial support for the fulfillment of the state (municipal) task by a budgetary institution is carried out in the form of subsidies from the corresponding budget of the budgetary system of the Russian Federation. When fulfilling a state (municipal) task, a budgetary institution shall have the right to additionally use funds received from other sources provided for by the legislation of the Russian Federation.
The founder provides financial support for the fulfillment of the state (municipal) task, taking into account the costs of maintaining real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, expenses for paying taxes, in as an object of taxation for which the relevant property, including land plots, is recognized.
A budgetary institution has the right to carry out other (from the main) types of activities provided for by its constituent document, only insofar as this serves to achieve the goals for which it was created. Financial support for such activities of a budgetary institution is carried out at the expense of income from this activity and other sources not prohibited by federal laws.
Article 8 of the draft law provides for the introduction of amendments to the Budget Code of the Russian Federation in terms of determining the legal status of state institutions as subjects of budgetary legal relations and the exclusion of norms on budgetary institutions.
A government institution is defined by the draft law as a state (municipal) institution that provides state (municipal) services, performs work and (or) performs state (municipal) functions in order to ensure the implementation of the powers of state authorities (state bodies) or bodies provided for by the legislation of the Russian Federation local self-government, the financial support of which is carried out at the expense of the relevant budget on the basis of the budget estimate.
A government institution is under the jurisdiction of the relevant chief manager (manager) of budgetary funds, which, among other things, will determine the procedure for approving budget estimates of subordinate government institutions.
In turn, the budget estimate is defined in the draft law as an estimate of a state institution, which establishes the limits of budget obligations in accordance with the classification of budget expenditures.
Any funds received by state institutions from income-generating activities (which they can carry out only in cases provided for by their constituent documents) go to the appropriate budget of the budget system of the Russian Federation.
The draft law proposes to refer to budgetary appropriations for the provision of state (municipal) services (performance of work), among other things, appropriations for ensuring the performance of the functions of state institutions.
According to the norms of the draft law, a budgetary institution is not a participant budget process- the recipient of budgetary funds.
According to the draft law, it is proposed to attribute to budgetary appropriations for the provision of state (municipal) services (performance of work), among other things, appropriations for the provision of subsidies to budgetary institutions, including subsidies for the reimbursement of standard costs associated with the provision of state (municipal) services by them to individuals and (or ) legal entities (performance of works).
Article 9 of the draft law provides for the introduction in the second part tax code Russian Federation. To optimize taxation and reduce tax burden state (municipal) institutions, the draft law introduces amendments (additions) to Chapter 21 "Value Added Tax", Chapter 25 "Corporate Income Tax", Chapter 25.3 " Government duty", chapter 26.1 "Taxation system for agricultural producers", chapter 26.2 "Simplified taxation system" of the Tax Code of the Russian Federation.
Article 11 of the draft law provides for the introduction into the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs"changes in terms of extending its provisions to state-owned institutions.
Article 12 of the draft law provides for the introduction of amendments to the Federal Law of November 3, 2006 N 174-FZ "On Autonomous Institutions" in terms of simplifying the procedures for creating and improving the activities of autonomous institutions (including the procedure for determining a list of especially valuable movable property, the composition and powers of government bodies such an institution, etc.).
Article 19 of the bill establishes:
rules for opening and maintaining personal accounts of budgetary institutions in the bodies of the Federal Treasury or financial bodies of the constituent entities of the Russian Federation (municipalities);
features of accounting and implementation of operations with funds of budgetary institutions on their personal accounts;
extension of the provisions of the Federal Law of July 21, 2005 N 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs" to budgetary institutions;
features of foreclosure on the funds of budgetary institutions;
features of planning and distribution of budgetary appropriations between state institutions;
features of the use of income received from income-generating activities by federal state institutions located outside the Russian Federation.
Article 20 establishes rules of direct effect, providing for:
1) the extension of the provisions established by the draft law for state-owned institutions to federal government bodies (state bodies) and their territorial bodies, management bodies of state extra-budgetary funds;
2) creation by virtue of law of federal state institutions by changing the type of the following federal state institutions:
a) union directorates, union directorates and military units Armed Forces of the Russian Federation, military commissariats, command and control bodies of internal troops, command and control bodies civil defense, formations and military units internal troops, as well as other troops and military formations;
b) pretrial detention centers of the criminal trial system and correctional facilities executing punishments;
in) specialized agencies for minors in need of social rehabilitation;
d) institutions of the Main Directorate for Special Programs of the President of the Russian Federation, the State Courier Service of the Russian Federation, the Federal migration service, the Federal Customs Service, the Federal Space Agency, the Federal Security Service of the Russian Federation, the Foreign Intelligence Service of the Russian Federation, the Federal Security Service of the Russian Federation, the Federal Drug Control Service of the Russian Federation;
e) psychiatric hospitals(hospitals) of a specialized type with intensive observation, leper colonies and anti-plague institutions.
At the same time, the draft law minimizes the organizational measures necessary for the creation of state institutions by virtue of the law. In particular:
The reappointment of the head and other employees of the institution is not carried out;
The property is not re-fixed (that is, it is recognized as fixed on the right of operational management without making an additional decision);
Licenses, certificates of accreditation, other permits issued to the institution continue to be valid;
Re-registration is not carried out - in fact, only amendments to the constituent documents are required.
3) the main stages of the implementation of the draft law, the obligations of public authorities related to this and the deadlines for the fulfillment of these obligations, in particular:
Approval by the Government of the Russian Federation of the lists of public institutions that are created during the transition period by changing the type of budgetary institutions - until July 1, 2010;
Adoption by public authorities of the constituent entities of the Russian Federation and local governments of decisions on the creation of state institutions by changing the type of budgetary institutions - until July 1, 2010;
Approval for the purpose of calculating subsidies of lists of immovable property of subordinate institutions assigned to them by the founder or acquired at the expense of funds allocated by the founder for these purposes:
Adoption by federal authorities of decisions on classifying movable property of federal budgetary institutions as especially valuable movable property - before November 1, 2010;
Amendments to the charters of federal budgetary and state institutions - within a year from the date of official publication law;
Adoption at the regional and municipal levels of decisions on classifying movable property of budgetary institutions as especially valuable - until January 1, 2011;
Amendments to the charters of regional and municipal budgetary and state institutions - until July 1, 2011.
Article 21 of the draft law establishes the norms on the entry into force of the law and certain transitional provisions.
The draft law provides for a transitional period (from the date of the official publication of the law until January 1, 2011), which allows both budgetary institutions with an expanded scope of rights and state-owned institutions to function, in fact, in the previous legal regime.
In particular, during the transitional period:
Extra-budgetary incomes of state institutions are not credited to the budget;
Personal accounts of institutions are not reopened;
Previously adopted regulations apply.
After the expiration of the transition period, from January 1, 2011, all the key norms of the draft law will come into force regarding changes in the legal status and procedure for the financial provision of institutions of various types.
FINANCIAL AND ECONOMIC RATIONALE
TO THE DRAFT FEDERAL LAW "ON AMENDING
TO SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
IN CONNECTION WITH THE IMPROVEMENT OF THE LEGAL STATUS
STATE (MUNICIPAL) INSTITUTIONS"
The implementation of the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of the Legal Status of State (Municipal) Institutions" will not require additional expenditures from the budgets of the budgetary system of the Russian Federation.
SCROLL
OF FEDERAL LAWS SUBJECT TO RECOGNIZATION AS LOST
FORCE, SUSPENSION, MODIFICATION OR ACCEPTANCE IN CONNECTION WITH
WITH THE DRAFT FEDERAL LAW "ON AMENDING
TO SEPARATE LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION
IN CONNECTION WITH THE IMPROVEMENT OF THE LEGAL STATUS
STATE (MUNICIPAL) INSTITUTIONS"
The adoption of the Federal Law "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Improvement of the Legal Status of State (Municipal) Institutions" will not require the invalidation, suspension, amendment or adoption of other federal laws.
Official Documents
FEDERAL LAW ON AMENDING CERTAIN LEGISLATIVE ACTS OF THE RUSSIAN FEDERATION IN CONNECTION WITH THE IMPROVEMENT OF THE LEGAL STATUS OF STATE (MUNICIPAL)
INSTITUTIONS
In part one of Article 13.1 of the Federal Law "On Banks and Banking Activity" (as amended by the Federal Law of February 3, 1996 No. 17-FZ) (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1990, No. 27, Art. 357; Meeting Legislation of the Russian Federation, 1996, No. 6, Article 492; 2006, No. 31, Article 3439; 2009, No. 23, Article 2776), the word “budgetary” shall be excluded.
In part two of Article 21 of the Law of the Russian Federation of April 18, 1991 No. 1026-1 “On the Militia” (Bulletin of the Congress of People's Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 16, Art. 503; Collection of Legislation of the Russian Federation, 1999, No. 14 , item 1666) the words “are created, reorganized and abolished” shall be replaced by the word “are being created”.
Include in the Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" (as amended by the Federal Law of January 13, 1996 No. 12-FZ) (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30 , item 1797;
Collection of Legislation of the Russian Federation, 1996, No. 3, Art. 150; 1997, no. 47, art. 5341; 2002, no. 12, art. 1093; No. 26, Art. 2517; 2003, no. 2, art. 163; No. 28, Art. 2892; No. 50, art. 4825; 2004, no. 30, art. 3086; No. 35, art. 3607; 2005, no. 1, art. 25; 2006, no. 1, art. ten; No. 45, art. 4627; 2007, no. 1, art. 21; No. 7, Art. 834, 838; No. 17, Art. 1932; No. 27, Art. 3215; No. 30, art. 3808; No. 44, Art. 5280; No. 49, Art. 6068,6069,6070; 2008, No. 9, art. 813; No. 30, art. 3616; 2009, no. 7, art. 786.787; No. 46, Art. 5419; No. 52, Art. 6450) the following changes: 1) in Article 11:
"one. The founder of an educational institution
1) the Russian Federation, subjects of the Russian Federation, municipalities;
2) Russian and foreign commercial organizations, as well as associations of the said legal entities (associations and unions);
3) Russian and foreign non-profit organizations, including public associations and religious organizations, as well as associations of these legal entities (associations and unions);
4) individuals.
Joint founding of non-state educational institutions is allowed.”;
b) in paragraph 2:
the first paragraph is recognized as invalid;
in the second paragraph, the words "federal executive authorities and (or) executive authorities of the constituent entities of the Russian Federation" shall be replaced by the words "the Russian Federation or the constituent entities of the Russian Federation";
c) add paragraph 2.1 with the following content:
“2.1. The functions and powers of the founder of an educational institution established by the Russian Federation, a constituent entity of the Russian Federation, a municipality, unless otherwise established by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, are carried out by the authorized federal executive body, executive body, respectively. subject of the Russian Federation, local self-government body.
In case of reorganization of public authorities, local self-government bodies, the rights of the founder are transferred to the respective legal successors.
Educational institutions of all types and kinds, implementing military professional educational programs, can only be created by the Russian Federation.”;
d) Clause 3 shall be declared invalid;
2) in paragraph 3 of Article 12:
a) Paragraphs one and two shall be stated in the following wording:
“3. Educational institutions can be state, municipal, non-state (private institutions, including institutions of public associations and religious organizations).
A state educational institution is an educational institution established by the Russian Federation (hereinafter referred to as the federal state educational institution) or a constituent entity of the Russian Federation (hereinafter referred to as a state educational institution under the jurisdiction of a constituent entity of the Russian Federation).
b) add a new third paragraph with the following content:
“Municipal is an educational institution created by a municipality.”;
c) supplement the fourth paragraph with the following content:
“A non-state educational institution is an educational institution created in accordance with this Federal Law by the owner
(by a citizen (citizens) and (or) a legal entity (legal entities), with the exception of the Russian Federation, constituent entities of the Russian Federation and municipalities.”;
3) in subparagraph 6 of paragraph 1 of Article 13:
a) in subparagraph “b”, the word “financing” shall be replaced by the word “financial”;
b) subparagraph "d" shall be stated in the following wording:
"d) the implementation of income-generating activities (for state and municipal institutions - in cases that do not contradict federal laws);";
c) subparagraph "e" shall be stated in the following wording:
“f) the procedure for disposing of property acquired by the institution from the income received from income-generating activities;”;
d) in subparagraph "g" the words "in the treasury bodies" shall be replaced by the words "in the territorial body of the Federal Treasury, the financial body of the constituent entity of the Russian Federation (municipal formation)";
4) in Article 28:
a) paragraphs two and three of subparagraph 16 shall be stated as follows:
"Federal standards of financial security educational activities;
general principles financial support for educational activities;”;
b) subparagraph 17 shall be stated in the following wording:
"17) financial support for the activities of federal state state educational institutions and the fulfillment of state assignments by federal state budgetary and autonomous educational institutions;";
5) in paragraph 1 of Article 29:
a) in subparagraph 3, the word "financing" shall be replaced by the words "financial security";
6) subparagraph 11 shall be stated in the following wording:
"11) the establishment of regional standards for the financial support of educational activities;";
b) in Article 33:
a) the second paragraph of paragraph 1 shall be stated in the following wording:
“The procedure for the creation of federal state educational institutions is established by the Government of the Russian Federation, unless otherwise provided by federal law,
state educational institutions under the jurisdiction of a constituent entity of the Russian Federation - by the highest executive body of state power of a constituent entity of the Russian Federation, municipal educational institutions - by the local administration of the municipal formation.
6) in paragraph 7 the word "(associations)", the word "(associations)" and the word "(associations)" shall be deleted;
7) in Article 34:
a) in the second paragraph of clause 1 the words "executive body" shall be replaced by the words "the highest executive body of the state", the words "local self-government body" shall be replaced by the words "local administration of the municipality";
b) the first paragraph of clause 2 after the word "autonomous" shall be supplemented with the words "budgetary or state";
c) in the second paragraph of clause 4, the words "executive body" shall be replaced by the words "the highest executive body of the state", the words "local self-government bodies" shall be replaced by the words "local administration of the municipality";
8) in Article 41:
a) the name shall be stated in the following wording:
"Article 41. Financial support of educational activities";
b) in clause 1 the words “The activities of the educational institution are financed” shall be replaced by the words “The financial support of the activities of the educational institution is carried out”;
c) in paragraph 2:
the first sentence of the first paragraph shall be amended as follows: “Financial support for the educational activities of federal state state institutions and financial support for the fulfillment of the state task by state budgetary and autonomous educational institutions are carried out on the basis of federal standards for financial support of educational activities, educational activities of state educational institutions under the jurisdiction of subjects the Russian Federation, and municipal educational institutions - on the basis of regional standards for financial support of educational activities. ”;
in the third paragraph, the words “training is financed” shall be replaced by the words “training is provided financially”;
d) clause 3 shall be stated as follows:
“3. Federal Regulations financial
provision of educational activities are established in the manner established by the Government of the Russian Federation.”;
e) in paragraph 4:
in the first paragraph, the word "financing" shall be replaced by the words "financial support for the educational activities of the state";
in the second paragraph, the word "financing" shall be replaced by the words "financial provision of educational activities";
f) in clause 9 the words “its financing” shall be replaced by the words “financial support for its activities”;
9) in paragraph 5 of Article 42, the word “State” shall be replaced by the words “Unless otherwise provided for by the procedure for providing funds, state and municipal”, after the word “institutions”, add the words “(with the exception of educational institutions established in the form of state institutions)”, the words "budgetary and non-budgetary" to exclude;
10) Clause 2 of Article 45 after the words “in accordance with” shall be supplemented with the words “legislation of the Russian Federation and”;
11) in Article 47:
a) in the name of the word "Entrepreneurial and other bringing" to replace the word "Bringing";
b) in paragraph 1:
the words “entrepreneurial and other” shall be deleted, supplemented with the words “insofar as it serves the achievement of the goals for which they were created and corresponds to the specified goals”;
add the following paragraph:
"The implementation of this activity by state and municipal educational institutions is allowed, if this does not contradict federal laws.";
c) clause 2 shall be stated in the following wording:
"2. A government institution is not entitled to share in the activities of other institutions (including educational ones), organizations, acquire shares, bonds, other securities and receive income (dividends, interest) on them.”;
d) in clause 5 the words “or local self-government bodies” shall be deleted, the word “entrepreneurial” shall be replaced by the words “income-generating”.
Include in the Law of the Russian Federation of October 9, 1992 No. 3612-1 "Fundamentals of the legislation of the Russian Federation on culture" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 46, article 2615; Collection of Legislation of the Russian Federation, 2004 , No. 35, item 3607; 2006, No. 45, item 4627) the following changes:
1) Article 26 shall be supplemented with the second part of the following content:
“Objects of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and the National Library Fund, which are in the operational management of state (municipal) cultural institutions, are subject to attribution to especially valuable movable property of state (municipal) cultural institutions.”;
2) in Article 41:
a) the second sentence shall be amended as follows: “The founders of cultural organizations in accordance with the legislation of the Russian Federation and within their competence may be the Russian Federation, constituent entities of the Russian Federation, municipalities, as well as legal entities and individuals.”;
b) add the second part of the following content:
“The decision to preserve and use the items of the Museum Fund of the Russian Federation, documents of the Archival Fund of the Russian Federation and the National Library Fund in the event of reorganization or liquidation of state (municipal) institutions is carried out in the manner established by this Federal Law, other federal laws, resolutions of the Government of the Russian Federation. »;
3) in the second part of Article 46:
a) the first paragraph after the words "in the form" shall be supplemented with the words "budgetary and";
b) the second paragraph after the word "activities" shall be supplemented with the words "budgetary and";
c) the third paragraph after the word “transferred” shall be supplemented with the words “budgetary and”;
4) in Article 47:
a) in the name the word "Entrepreneurial" shall be replaced by the words "Income generating";
b) the word "entrepreneurial" shall be replaced by the words "income-generating";
5) in part four of Article 51, the words “(except for budgetary institutions)” shall be replaced by the words “in the cases and in the manner provided for
the legislation of the Russian Federation”, the words “in the manner established by the legislation of the Russian Federation” shall be deleted;
6) Part five of Article 53 shall be recognized as invalid.
Include in the first part of the Civil Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1994, No. 32, Art. 3301; 2002, No. 12, Art. 1093; No. 48, Art. 4746; 2006, No. 2, Art. 171; No. 3 , Article 282; No. 45, Article 4627; 2007, No. 49, Article 6079; 2008, No. 20, Article 2253; 2009, No. 29, Article 3582) the following changes:
1) in paragraph two of paragraph 1 of Article 48, the word “or” shall be replaced by the words “and (or)”;
2) in Article 61:
a) in paragraph 1 the words "to other persons" shall be replaced by the words "to other persons, except as otherwise provided by federal law";
b) in paragraph 4 the words "with the exception of a state-owned enterprise, institution" shall be replaced by the words "with the exception of an institution, a state-owned enterprise";
3) in paragraph 2 of Article 120:
a) in the second paragraph, the words "budgetary or autonomous" shall be replaced by the words "autonomous, budgetary or state";
b) the third paragraph shall be stated in the following wording:
“A private institution is fully or partially financed by the owner of its property. The procedure for financial support for the activities of state and municipal institutions is determined by law.”;
c) in the fourth paragraph, the word "budgetary" shall be replaced by the word "state";
d) in the fifth paragraph, the words “assigned to him” shall be replaced by the words “being with him on the right of operational management”;
e) add a paragraph with the following content:
“A budgetary institution is liable for its obligations with all the property it has on the right of operational management of property, both assigned to a budgetary institution by the owner of the property, and acquired at the expense of income received from income-generating activities, with the exception of especially valuable movable property assigned to a budgetary institution by the owner this property or acquired by a budgetary institution at the expense of funds allocated by the owner of the property of a budgetary institution, as well as real estate. Owner of budgetary property
institutions shall not be liable for the obligations of a budgetary institution.”;
4) in Article 296:
a) point 1 shall be stated in the following wording:
"one. Establishment and state-owned enterprise, for
which property is secured on the right of operational management, own, use this property within the limits established by law, in accordance with the objectives of their activities, the purpose of this property, and, unless otherwise established by law, dispose of this property with the consent of the owner of this property.
b) in clause 2, the words “a state-owned enterprise or institution” shall be replaced by the words “an institution or a state-owned enterprise”, the words “a state-owned enterprise or institution” shall be replaced by the words “an institution or a state-owned enterprise”;
5) Article 298 shall be stated in the following wording:
“Article 298. Disposition of property of an institution
1. A private institution shall not have the right to alienate or otherwise dispose of property assigned to it by the owner or acquired by this institution at the expense of funds allocated to it by the owner for the acquisition of such property.
A private institution has the right to carry out income-generating activities only if such a right is provided for in its constituent document, while the income received from such activities and the property acquired at the expense of these incomes shall be at the independent disposal of the private institution.
2. An autonomous institution, without the consent of the owner, is not entitled to dispose of immovable property and especially valuable movable property assigned to it by the owner or acquired by the autonomous institution at the expense of funds allocated to it by the owner for the acquisition of such property. An autonomous institution has the right to dispose of the rest of the property that is under its right of operational management, unless otherwise provided by law.
An autonomous institution has the right to carry out income-generating activities only insofar as it serves the achievement of the goals for which it was created and corresponds to these goals, provided that such activities are indicated in its constituent documents. The income received from such activities and the property acquired at the expense of these incomes shall be placed at the independent disposal of the autonomous institution.
3. A budgetary institution, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property. The rest of the property that is under its right of operational management, the budgetary institution has the right to dispose of independently, unless otherwise provided by law.
A budgetary institution has the right to carry out income-generating activities only insofar as it serves the achievement of the goals for which it was created, and corresponding to these goals, provided that such activities are indicated in its constituent documents. The income received from such activities and the property acquired at the expense of these incomes shall be placed at the independent disposal of a budgetary institution.
4. A treasury institution shall not have the right to alienate or otherwise dispose of property without the consent of the owner of the property.
A government institution may carry out income-generating activities in accordance with its constituent documents. Income received from the said activities shall go to the corresponding budget of the budgetary system of the Russian Federation.”;
6) Paragraph 2 of Article 299 shall be stated as follows:
"2. Fruits, products and income from the use of property under the economic management or operational management of a unitary enterprise or institution, as well as property acquired unitary enterprise or an institution under an agreement or other grounds, come to economic management or operational management of an enterprise or institution in the manner prescribed by this Code, other laws and other legal acts for the acquisition of property rights.”.
Include in the Federal Law of January 12, 1996 No. 7-FZ "On Non-Commercial Organizations" (Collected Legislation of the Russian Federation, 1996, No. 3, Art. 145; 1998, No. 48, Art. 5849; 1999, No. 28, Art. 3473 ; 2002, No. 12, item 1093; No. 52, item 5141; 2003, No. 52, item 5031; 2006, No. 3, item 282; No. 45, item 4627; 2007, No. 1, item 37 39; No. 22, item 2563; No. 27, item 3213; No. 49, item 6039, 6061; 2008, No. 20, item 2253; No. 30, item 3604, 3616; 2009, No. 23, item 2762; No. 29, items 3582, 3607) the following changes:
1) in article 1:
a) add paragraph 4.1 with the following content:
“4.1. Operation of Article 13.1, Clauses 1,1.1 - 1.3 of Article 15, Articles 23 and 23.1, Paragraph One of Clause 2 of Article 24 (regarding the acquisition and sale of securities and participation in limited partnerships as an investor), Clause 1 of Article 30, Clauses 3 , 3.1, 5, 7 and 10 of Article 32 of this Federal Law does not apply to budgetary institutions.”;
b) add paragraph 4.2 with the following content:
“4.2. Effect of Article 13.1, paragraphs 1, 1.1 - 1.3 of Article 15, Articles 18, 19, 20, 23 and 23.1, paragraph one of paragraph 2 (in terms of the acquisition and sale of securities and participation in limited partnerships as an investor), paragraph 3 and Clause 4 (with the exception of paragraph four) of Article 24, Clause 1 of Article 30, Clauses 3, 3.1, 5, 7, 10 and 14 of Article 32 of this Federal Law does not apply to state-owned institutions.”;
c) point 5 after the words "other state bodies," to add the words "management bodies of state non-budgetary funds," the words "state and municipal" to replace the word "autonomous";
2) in article 3:
a) in paragraph 1:
in the first paragraph, the words "private institutions" shall be replaced by the words "cases established by law";
in the second paragraph, the word "or" shall be replaced by the words "and (or)";
b) Paragraph 3 shall be supplemented with the words "except for cases established by federal law";
3) in paragraph 2 of Article 9 the words “is assigned to him” shall be replaced by the words “is with him”;
4) supplement Article 9.1 with the following content:
“Article 9.1. State, municipal institutions
1. State, municipal institutions are institutions established by the Russian Federation, a constituent entity of the Russian Federation and a municipality.
2. Autonomous, budgetary and state institutions are recognized as types of state, municipal institutions.
3. The functions and powers of the founder in relation to a state institution created by the Russian Federation or a constituent entity of the Russian Federation, a municipal institution created by a municipal entity, in
unless otherwise established by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, are carried out by the authorized federal executive body, the executive body of the subject of the Russian Federation, the local self-government body (hereinafter referred to as the body exercising the functions and powers of the founder). »;
5) supplement Article 9.2 with the following content:
“Article 9.2. State-financed organization
1. A budgetary institution is a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work, provide services in order to ensure the implementation of the powers provided for by the legislation of the Russian Federation, respectively, of state authorities (state bodies) or local governments in the fields of science, education , health care, culture, social protection, employment, physical culture and sports, as well as in other areas.
2. A budget-financed institution carries out its activities in accordance with the subject and goals of its activities, determined in accordance with federal laws, other regulatory legal acts, municipal legal acts and the charter.
3. State (municipal) tasks for a budgetary institution in accordance with the main types of activity provided for by its constituent documents are formed and approved by the relevant body exercising the functions and powers of the founder.
In accordance with state (municipal) assignments and (or) obligations to the insurer for compulsory social insurance, a budgetary institution carries out activities related to the performance of work, the provision of services related to its main activities, in the areas specified in paragraph 1 this article.
A budgetary institution is not entitled to refuse to fulfill a state (municipal) task.
The reduction of the amount of the subsidy provided for the implementation of the state (municipal) task, during the period of its implementation, is carried out only with a corresponding change in the state (municipal) task.
4. A budgetary institution shall have the right, in addition to the established state (municipal) task, and also in cases specified by federal laws, within the established state (municipal) task, to perform work, provide services related to its main activities, provided for by its constituent document, in the areas specified in paragraph 1 of this article, for citizens and legal entities for a fee and on the same conditions for the provision of the same services. The procedure for determining the specified fee is established by the relevant body exercising the functions and powers of the founder, unless otherwise provided by federal law.
A budgetary institution has the right to carry out other types of activities that are not the main types of activity, only in so far as it serves to achieve the goals for which it was created and corresponding to the specified goals, provided that such activities are indicated in its constituent documents.
5. In accordance with the procedure established by the Government of the Russian Federation, the highest executive body of state power of a subject of the Russian Federation, the local administration of a municipal formation, a budgetary institution shall exercise the powers of a federal state body (state body), an executive body of state power of a subject of the Russian Federation, and a local self-government body for fulfillment of public obligations to individual payable in cash.
6. Financial support for the fulfillment of the state (municipal) task by a budgetary institution is carried out in the form of subsidies from the corresponding budget of the budgetary system of the Russian Federation.
Financial support for the fulfillment of the state (municipal) assignment is carried out taking into account the costs of maintaining real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by a budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, the costs of paying taxes, as object of taxation for which the relevant property is recognized, including land plots.
In the case of leasing with the consent of the founder of real estate and especially valuable movable
of my property assigned to a budgetary institution by the founder or acquired by a budgetary 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.
Financial support for the exercise by budgetary institutions of the powers of a federal state authority (state body), a state authority of a constituent entity of the Russian Federation, a local self-government body to fulfill public obligations provided for in paragraph 5 of this article, is carried out in the manner established respectively by the Government of the Russian Federation, the highest executive body of the state the authorities of the constituent entity of the Russian Federation, the local administration of the municipality.
7. The procedure for the formation of the state (municipal) task and the procedure for financial support for the implementation of this task are determined by:
With regard to federal budgetary institutions;
In relation to budgetary institutions of the constituent entity of the Russian Federation;
3) local administration in relation to municipal budgetary institutions.
8. A budgetary institution shall carry out transactions with funds received by it in accordance with the legislation of the Russian Federation through personal accounts opened with a territorial body of the Federal Treasury or a financial body of a constituent entity of the Russian Federation (municipal formation) in the manner established by the legislation of the Russian Federation (with the exception of cases established by the federal law).
9. The property of a budgetary 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 a budgetary institution is the Russian Federation, a subject of the Russian Federation, a municipality, respectively.
Land plot, necessary for the fulfillment by a budgetary institution of its statutory tasks, is provided to it on the basis of the right of permanent (unlimited) use.
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 a budgetary institution on the terms and in the manner determined by the federal laws and other regulatory legal acts of the Russian Federation.
The right of operational management of a budgetary institution for objects of cultural heritage of religious purpose, including those restricted for use in civil circulation or withdrawn from civil circulation, transferred for free use religious organizations(as well as when transferring such objects to religious organizations for free use) is terminated on the grounds provided for by federal law.
10. A budgetary institution, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property.
The rest of the property that is under the right of operational management, a budgetary institution has the right to dispose of independently, unless otherwise provided by paragraphs 13 and 14 of this article or paragraph three of paragraph 3 of article 27 of this Federal Law.
11. For the purposes of this Federal Law, especially valuable movable property means movable property, without which the implementation of its statutory activities by a budgetary institution will be significantly hampered. The procedure for classifying property as especially valuable movable property is established by the Government of the Russian Federation. The types of such property can be determined:
1) by federal executive bodies exercising the functions of developing state policy and normative legal regulation, in relation to federal budgetary institutions under the jurisdiction of these bodies or under the jurisdiction of federal services and agencies subordinate to these bodies, federal state authorities (state bodies), the management of which is carried out by the President of the Russian Federation or the Government of the Russian Federation, in relation to the federal
nyh budgetary institutions under their jurisdiction;
2) in the manner established by the highest executive body of state power of a constituent entity of the Russian Federation in relation to budgetary institutions of a constituent entity of the Russian Federation;
3) in the manner established by the local administration in relation to municipal budgetary institutions.
12. Lists of particularly valuable movable property are determined by the relevant bodies exercising the functions and powers of the founder.
13. A major transaction may be made by a budgetary institution only with the prior consent of the relevant body exercising the functions and powers of the founder of a budgetary institution.
For the purposes of this Federal Law, a major transaction is a transaction or several interconnected transactions related to the disposal of funds, the alienation of other property (which, in accordance with federal law, a budgetary 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 10 percent of the book value of the assets of a budgetary institution, determined by its financial statements as of the last reporting date, unless the charter of a budgetary institution provides for a smaller size of a major transaction.
A major transaction made in violation of the requirements of the first paragraph of this clause may be declared invalid at the suit of a budgetary institution or its founder, if it is proved that the other party to the transaction knew or should have known about the absence of the prior consent of the founder of the budgetary institution.
The head of a budgetary institution shall be liable to the budgetary institution in the amount of losses caused to the budgetary institution as a result of a major transaction in violation of the requirements of the first paragraph of this paragraph, regardless of whether this transaction was declared invalid.
14. Budgetary institutions are not entitled to place funds on deposits in credit institutions, as well as to make transactions with securities, unless otherwise provided by federal laws.”;
6) Paragraph 2 of Article 13 shall be stated as follows:
"2. The decision to create a non-profit organization as a result of its establishment is taken by its founders (founder). In relation to a budgetary or state-owned institution, such a decision is made in the manner prescribed by:
1) Government of the Russian Federation
For federal budget or state institutions;
2) the highest executive body of state power of the constituent entity of the Russian Federation
For budgetary or government institutions of the constituent entities of the Russian Federation;
3) by the local administration of the municipality - for municipal budgetary or state-owned institutions.”;
7) in Article 14:
a) in paragraph 1:
Paragraph two shall be amended as follows:
“charter approved by the founders (participants, owner of property) for public organization(association), foundation, non-profit partnership, autonomous non-profit organization, private or budgetary institution;”;
add a new third paragraph with the following content:
"charter or in cases established by law, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, regulations approved by the relevant body exercising the functions and powers of the founder, for a public institution;";
b) add paragraph 1.1 with the following content:
“1.1. Approval of the charter of a budgetary or state-owned institution is carried out in the manner prescribed by:
2) the highest executive body of state power of the constituent entity of the Russian Federation
c) in paragraph 3:
add a new fifth paragraph with the following content:
“The charter of a budgetary or state institution must also contain the name of the institution, indicating the type, respectively, “budgetary institution” or “state institution”, information about the owner of its property, an exhaustive list of activities that a budgetary or state institution is entitled to carry out in accordance with the goals, in order to achieve which it was created, instructions on the structure, competence of the governing bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies.”;
the first paragraph after the words "with the exception of" shall be supplemented with the words "of the charter of a budgetary or state institution,";
add a new second paragraph with the following content:
“Changes to the charter of a budgetary or state-owned institution are made in the manner prescribed by:”;
add paragraphs three to five of the following content:
“The Government of the Russian Federation - in relation to federal budgetary or state institutions;
by the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary or state institutions of a constituent entity of the Russian Federation;
by the local administration of the municipal formation - in relation to municipal budgetary or state institutions. ”;
a) add paragraph 1.3 with the following content:
“1.3. The number of founders of a non-profit organization is not limited, unless otherwise provided by federal law.
A non-profit organization may be founded by one person, with the exception of cases of establishing non-profit partnerships, associations (unions) and other cases provided for by federal law.”;
b) clause 2 shall be stated as follows: “2. The founder of the budgetary or treasury
institution is:
1) the Russian Federation - in relation to a federal budgetary or state institution;
2) a constituent entity of the Russian Federation - in relation to a budgetary or government institution of a constituent entity of the Russian Federation;
3) a municipality - in relation to a municipal budgetary or state-owned institution.”;
9) article 16:
a) add paragraph 2.1 with the following content:
“2.1. The adoption of a decision on reorganization and the reorganization of budgetary or state-owned institutions, unless otherwise established by an act of the Government of the Russian Federation, are carried out in the manner established by:
1) the Government of the Russian Federation - in relation to federal budgetary or state institutions;
2) the highest executive body of state power of the constituent entity of the Russian Federation
In relation to budgetary or state institutions of the subject of the Russian Federation;
3) by the local administration of the municipality - in relation to municipal budgetary or state-owned institutions.”;
b) add paragraph 2.2 with the following content:
“2.2. During the reorganization of a government institution, the creditor is not entitled to demand early performance of the relevant obligation, as well as termination of the obligation and compensation for losses associated with this.
10) add Article 17.1 with the following content:
“Article 17.1. Changing the type of state or municipal institution
1. Changing the type of a state or municipal institution is not its reorganization. When changing the type of a state or municipal institution, appropriate changes are made to its constituent documents.
2. Changing the type of a budgetary institution for the purpose of creating a state institution, as well as changing the type of a state institution for the purpose of creating a budgetary institution, shall be carried out in the manner established by:
1) the Government of the Russian Federation - in relation to federal budgetary or state institutions;
2) the highest executive body of state power of the constituent entity of the Russian Federation
In relation to budgetary or state institutions of the subject of the Russian Federation;
3) by the local administration of the municipality - in relation to municipal budgetary or state-owned institutions.
3. Changing the type of an existing budgetary or state institution for the purpose of creating an autonomous institution, as well as changing the type of an existing autonomous institution for the purpose of creating a budgetary or state institution shall be carried out in accordance with the procedure established by Federal Law No. 174-FZ of November 3, 2006 "On Autonomous Institutions" .»;
11) Article 18 shall be supplemented with paragraph 5 of the following content:
"5. The adoption of a decision on liquidation and the liquidation of a budgetary institution are carried out in the manner prescribed by:
1) Government of the Russian Federation
With regard to the federal budgetary institution;
2) the highest executive body of state power of the constituent entity of the Russian Federation
In relation to a budgetary institution of a constituent entity of the Russian Federation;
3) by the local administration of the municipal formation - in relation to the municipal budgetary institution.”;
12) add Article 19.1 with the following content:
“Article 19.1. Features of the liquidation of a public institution
1. The adoption of a decision on liquidation and the liquidation of a public institution shall be carried out in the manner prescribed by:
1) by the Government of the Russian Federation - in relation to a federal state institution;
2) the highest executive body of state power of the constituent entity of the Russian Federation
In relation to a government institution of a constituent entity of the Russian Federation;
3) by the local administration of the municipal formation - in relation to the municipal state institution.
2. In the event of liquidation of a public institution, the creditor shall not have the right to demand early performance of the relevant obligation, as well as termination of the obligation and compensation for losses associated with it.”;
13) Article 20 shall be supplemented with paragraph 4 of the following content:
"four. The property of a budgetary institution remaining after the satisfaction of creditors' claims, as well as property that, in accordance with federal laws, cannot be levied for the obligations of a budgetary institution
denia, is transferred by the liquidation commission to the owner of the relevant property.”;
14) in article 24:
a) point 1 shall be stated in the following wording:
"one. A non-profit organization may carry out one type of activity or several types of activity not prohibited by the legislation of the Russian Federation and corresponding to the objectives of the activity of the non-profit organization, which are provided for by its constituent documents.
The main activity of budget and state institutions is recognized as activity directly aimed at achieving the goals for which they were created. An exhaustive list of activities that budgetary and state-owned institutions can carry out in accordance with the goals of their creation is determined by the constituent documents of institutions.
The legislation of the Russian Federation may establish restrictions on the types of activities that non-profit organizations of certain types are entitled to engage in, and in terms of institutions, including certain types.
Certain types of activities may be carried out by non-profit organizations only on the basis of special permits (licenses). The list of these types of activities is determined by law.”;
b) in paragraph 2:
the first paragraph after the word "entrepreneurial" shall be supplemented with the words "and other income-generating", after the words "for the sake of which it was created" shall be supplemented with the words "and corresponds to the specified goals, provided that such activity is indicated in its constituent documents";
the second paragraph after the word "entrepreneurial" shall be supplemented with the words "and other income-generating", shall be supplemented with the words "and in terms of institutions, including certain types";
c) clause 3 after the word “entrepreneurial” shall be supplemented with the words “and other income-generating”;
d) Paragraph 4 shall be supplemented with the following paragraphs:
“A budget institution has the right, with the consent of the owner, to transfer to non-profit organizations as their founder or participant funds (unless otherwise established by the conditions for their provision) and other property, with the exception of especially valuable movable property assigned to it by the owner or acquired by a budget institution at the expense of funds, allocated to him by the owner on the
acquisition of such property, as well as real estate.
In the cases and in the manner provided for by federal laws, a budgetary institution shall have the right to contribute the property specified in the second paragraph of this clause to the authorized (share) capital of economic companies or otherwise transfer this property to them as their founder or participant.
A government institution is not entitled to act as a founder (participant) of legal entities.”;
15) Paragraph 1 of Article 25 after the words "non-profit organization" shall be supplemented with the words "(except for a government institution)";
16) in article 26:
a) Paragraph eight of clause 1 shall be supplemented with the words “and in terms of institutions, including certain types”;
b) add paragraph 4 with the following content:
"four. The provisions of this article shall apply to state and budgetary institutions, taking into account the specifics established by this Federal Law for these types.”;
17) in paragraph 3 of Article 27:
a) the second paragraph shall be supplemented with the words "(in a budgetary institution - to the relevant body exercising the functions and powers of the founder)";
b) the third paragraph shall be supplemented with the words "(in a budgetary institution - by the relevant body exercising the functions and powers of the founder)";
18) Paragraph 1 of Article 28 shall be supplemented with the words ", and in relation to a state-owned or budgetary institution - also in accordance with the regulatory legal acts of the President of the Russian Federation, the Government of the Russian Federation, the highest executive body of state power of a constituent entity of the Russian Federation, the local administration of a municipal formation, or in cases where established by federal law, the law of a constituent entity of the Russian Federation or a regulatory legal act of a representative body of local self-government, - regulatory legal acts of other state authorities (state bodies) or local self-government bodies”;
19) in article 32:
a) add paragraphs 3.3 - 3.5 with the following content:
“3.3. The state (municipal) institution ensures the openness and availability of the following documents:
1) constituent documents of the state (municipal) institution, including the amendments made to them;
2) certificate of state registration of the state (municipal) institution;
3) the decision of the founder on the establishment of a state (municipal) institution;
4) the decision of the founder on the appointment of the head of the state (municipal) institution;
5) regulations on branches, representative offices of the state (municipal) institution;
6) a plan for the financial and economic activities of the state (municipal) institution, drawn up and approved in the manner determined by the relevant body exercising the functions and powers of the founder, and in accordance with the requirements established by the Ministry of Finance of the Russian Federation;
7) annual financial statements state (municipal) institution;
8) information about the control measures carried out in relation to the state (municipal) institution and their results;
9) state (municipal) task for the provision of services (performance of work);
10) a report on the results of its activities and on the use of the state (municipal) property assigned to them, drawn up and approved in the manner determined by the relevant body exercising the functions and powers of the founder, and in accordance with general requirements, established by the federal executive body, carrying out the functions of developing state policy and legal regulation in the field of budgetary, tax, insurance, currency, banking activities.
3.4. Treasury, budget, autonomous institutions ensure the openness and availability of the documents specified in paragraph 3.3 of this article, taking into account the requirements of the legislation of the Russian Federation on the protection of state secrets.
3.5. The information specified in clause 3.3 of this article shall be posted by the federal
by the executive authority exercising law enforcement functions for cash services for the execution of budgets of the budget system of the Russian Federation, on the official website on the Internet on the basis of information provided by a state (municipal) institution.
The provision of information by a state (municipal) institution, its placement on the official website on the Internet and the maintenance of this website are carried out in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of budgetary, tax, insurance, currency , banking activities.»;
b) add paragraphs 5.1 and 5.2 with the following content:
“5.1. Control over the activities of budgetary and state institutions is carried out:
1) federal state bodies exercising the functions and powers of the founder - in relation to federal budgetary and state institutions;
2) in the manner established by the highest executive body of state power of a constituent entity of the Russian Federation - in relation to budgetary and state institutions of a constituent entity of the Russian Federation;
3) in accordance with the procedure established by the local administration of the municipality - in relation to municipal budgetary and state institutions.
5.2. Control over the activities of state and budgetary institutions subordinate to federal government bodies ( government bodies), in which the law provides for military and equivalent service, is carried out taking into account the requirements of the legislation of the Russian Federation on the protection of state secrets. ;
c) clause 14 shall be supplemented with the words, "and in relation to budgetary institutions - to the relevant bodies exercising the functions and powers of the founder" .
(To be continued)