And no later than 15 working days from the date of its placement on the portal (in the case of the conclusion of lease agreements in relation to federal property state educational organizations which are federal budgetary institutions, federal budgetary scientific institutions - no later than 15 calendar days from the date of its posting on the portal) approves the draft decision or sends a reasoned refusal to approve by posting a notice on the portal in the form electronic document signed by enhanced qualified electronic signature.
In case of non-receipt from the Federal Agency for Management state property relevant information within 30 working days from the date of posting on the portal (in the case of the conclusion of lease agreements in respect of the federal property of state educational organizations that are federal budgetary institutions, federal budgetary scientific institutions - within 30 calendar days from the date of posting on the portal) of the draft decision by the body exercising the functions and powers of the founder, the decision is considered agreed.
qualified electronic signature
With regard to federal budgetary institutions under the jurisdiction of the Ministry of Defense Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to the federal budgetary institutions subordinate to it, which are assigned in operational management property located within the boundaries of seaports), decisions are made respectively by the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport.
Position
on the implementation federal authorities executive power functions and powers of the founder of a federal state institution
(approved by resolution
With changes and additions from:
1. This Regulation determines the procedure for the exercise by federal executive bodies of the functions and powers of the founder of a federal state institution.
2. Functions and powers of the founder in relation to the federal state institution, unless otherwise established federal laws, normative legal acts The President of the Russian Federation or the Government of the Russian Federation are carried out by the authorized federal executive body in charge of this institution (hereinafter referred to as the body exercising the functions and powers of the founder).
3. The body exercising the functions and powers of the founder, in in due course:
a) performs the functions and powers of the founder of a federal state institution during its creation, reorganization, change of type and liquidation;
The Federal Agency for State Property Management considers the draft decision in the form of an electronic document signed with an enhanced qualified electronic signature, and no later than 15 working days from the date of its placement on the portal agrees on the draft decision or sends a reasoned refusal to agree by posting a notification in the form of an electronic document on the portal signed with an enhanced qualified electronic signature.
If the relevant information is not received from the Federal Agency for State Property Management within 30 working days from the date of posting the draft decision on the portal by the body exercising the functions and powers of the founder, the decision is considered agreed.
The body exercising the functions and powers of the founder shall notify the Federal Agency for State Property Management of decision(with attached copy of the decision in in electronic format) by posting on the portal a notification in the form of an electronic document signed with an enhanced qualified electronic signature no later than 10 working days from the date of its acceptance.
With regard to federal state institutions under the jurisdiction of the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to federal state institutions subordinate to it, to which property located within the boundaries of seaports is assigned in operational management), the decision is made respectively by the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Maritime and River Transport.
changes,
which are included in the Regulations on the exercise by federal executive bodies of the functions and powers of the founder of the federal autonomous institution, approved by the Decree of the Government of the Russian Federation of October 10, 2007 N 662
(approved by Decree of the Government of the Russian Federation of July 26, 2010 N 537)
a) after the first paragraph, add the following paragraph:
"The decision to create a federal autonomous institution by changing the type of an existing federal budgetary or state-owned institution is made by the federal executive body exercising the functions and powers to develop public policy and legal regulation in the relevant field of activity, in relation to an institution under the jurisdiction of this body, or federal service or federal agency subordinated to this body.";
b) supplement with subparagraph "b.1" of the following content:
"b.1) determine the list of measures aimed at the development of the federal autonomous institution;";
c) subparagraph "e" shall be stated in the following wording:
"e) determine the list of especially valuable movable property;".
Decree of the Government of the Russian Federation of July 26, 2010 N 537 (as amended on February 28, 2019) "On the procedure for the implementation by federal executive bodies of the functions and powers of the founder of the federal public institution"(together with the "Regulations on the exercise by federal executive bodies of the functions and powers of the founder of the federal budget institution", "Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal state institution")
Judicial practice and legislation - Decree of the Government of the Russian Federation of July 26, 2010 N 537 (as amended on February 28, 2019) "On the procedure for the implementation by federal executive bodies of the functions and powers of the founder of a federal state institution" (together with the "Regulation on the implementation by federal executive bodies of the functions and powers of the founder of a federal budgetary institution", "Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal state institution")
In accordance with subparagraph 6 of paragraph 3.3 of Article 32 of the Federal Law of January 12, 1996 N 7-FZ "On non-profit organizations"(Collected Legislation of the Russian Federation, 1996, N 3, Art. 145; 2006, N 3, Art. 282; 2008, N 30, Art. 3616; 2009, N 29, Art. 3607; 2010, N 19, Art. 2291; 2011, N 29, item 4291; N 30, item 4590; N 47, item 6607; 2012, N 30, item 4172; 2014, N 8, item 738; N 23, item 2932; 2015, N 10, art. 1413), clause 7 of part 13 of article 2 of the Federal Law of November 3, 2006 N 174-FZ "On Autonomous Institutions" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 45, art. 4626; 2007, No. 43, article 5084; 2010, No. 19, article 2291; 2011, No. 25, article 3535; No. 30, article 4587; 2013, No. 52, article 6983; 2015, No. 45, article 6202; 2016, N 1, art. 26) and Decree of the Government of the Russian Federation of July 26, 2010 N 537 "On the procedure for the implementation by federal executive bodies of the functions and powers of the founder of a federal state institution" (Collected Legislation of the Russian Federation, 2010, N 31, art. 4236; 2011, N 20, item 2829; 2012, N 1, item 170; 2014, N 52, item 7775), I order.
1. Approve the attached:
Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal budgetary institution;
Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal state institution;
changes that are being made to the Regulations on the exercise by federal executive bodies of the functions and powers of the founder of a federal autonomous institution, approved by Decree of the Government of the Russian Federation of October 10, 2007 N 662 (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2007, N 42, Art. 5056).
2. Federal executive authorities exercising the functions and powers of the founder of a federal budgetary institution, no later than December 1, 2010, develop and approve:
the procedure for preliminary approval of the commission by a federal budgetary institution of major transactions that meet the criteria established by paragraph 13 of Article 9.2
the procedure for making a decision on the approval of transactions involving a federal budgetary institution, in which there is an interest, determined in accordance with the criteria established by Article 27 of the Federal Law "On Non-Commercial Organizations";
the procedure for determining fees for individuals and legal entities for services (works) related to the main activities of a federal budgetary institution, rendered to them in excess of the established state task, as well as in cases specified by federal laws, within the established state task;
the procedure for compiling and approving a report on the results of the activities of a federal budgetary institution and on the use of the federal property assigned to it in accordance with general requirements established by the Ministry of Finance of the Russian Federation;
the procedure for coordinating the disposal of especially valuable movable property assigned to a federal budgetary institution by the founder or acquired by the federal budgetary institution at the expense of funds allocated by its founder for the acquisition of such property;
the procedure for drawing up and approving a plan for the financial and economic activities of a federal budgetary institution in accordance with the requirements established by the Ministry of Finance of the Russian Federation;
the procedure for determining the maximum allowable value of overdue accounts payable federal budgetary institution, the excess of which entails the termination of the employment contract with the head of the federal budgetary institution at the initiative of the employer in accordance with the Labor Code of the Russian Federation.
3. This Resolution shall enter into force on January 1, 2011, with the exception of paragraph 2, which shall enter into force on August 1, 2010.
Prime Minister
Russian Federation
V. PUTIN
APPROVED
Government Decree
Russian Federation
of July 26, 2010 N 537
REGULATIONS ON THE FUNCTIONS AND POWERS OF THE FOUNDER OF THE FEDERAL BUDGETARY INSTITUTION BY FEDERAL EXECUTIVE AUTHORITIES
dated 05/06/2011 N 352, dated 12/26/2011 N 1131, dated 12/17/2014 N 1389, dated 12/06/2018 N 1492, dated 02/28/2019 N 204)
1. This Regulation determines the procedure for the exercise by federal executive bodies of the functions and powers of the founder of a federal budgetary institution.
2. The functions and powers of the founder in relation to the federal budgetary institution, 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 in charge of this institution (hereinafter referred to as the body exercising the functions and powers of the founder).
a) performs the functions and powers of the founder of a federal budgetary institution during its creation, reorganization, change of type and liquidation;
b) approves the charter of the federal budgetary institution, as well as amendments to it;
c) appoints (approves) the head of the federal budgetary institution and terminates his powers;
d) concludes and terminates labor contract with the head of the federal budget institution;
e) forms and approves the state assignment for the provision of public services(performance of work) legal and individuals(hereinafter referred to as the state task) in accordance with the main types of activity provided for by the charter of the federal budgetary institution;
f) determines a list of especially valuable movable property assigned to a federal budgetary institution by the founder or acquired by a federal budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property (hereinafter referred to as especially valuable movable property);
g) preliminarily coordinate the conclusion by the federal budgetary institution of large transactions that meet the criteria established in paragraph 13
h) makes decisions on the approval of transactions involving a federal budgetary institution, in which there is an interest, determined in accordance with the criteria established in Article 27 of the Federal Law "On Non-Commercial Organizations";
i) establishes the procedure for determining payment for individuals and legal entities for services (works) related to the main types of activity of a federal budgetary institution, rendered to them in excess of the established state task, and also in cases specified by federal laws, within the established state task. If these services are necessary and mandatory for the provision of public services by federal executive authorities, the procedure for determining fees for the provision of such services is established in accordance with the Rules for determining the amount of fees for the provision of services, which are necessary and mandatory for the provision of public services by federal executive authorities. , approved by resolution Government of the Russian Federation dated May 6, 2011 N 352 "On approval of the list of services that are necessary and mandatory for the provision of public services by federal executive authorities and are provided by organizations involved in the provision of public services, and determining the amount of fees for their provision"; dated 06.05.2011 N 352)
j) determine the procedure for compiling and approving a report on the performance of a federal budgetary institution and on the use of the federal property assigned to it in accordance with the general requirements established by the Ministry of Finance of the Russian Federation;
k) coordinates the disposal of especially valuable movable property assigned to the federal budgetary institution by the founder or acquired by the federal budgetary institution at the expense of funds allocated by its founder for the acquisition of such property;
l) coordinates, taking into account the requirements established by paragraph 4 of these Regulations, the order real estate federal budgetary institution, including its lease under contracts, standard conditions which are approved by the Ministry of Economic Development of the Russian Federation, unless otherwise provided by other regulatory legal acts adopted in accordance with federal laws; (as amended by Decree of the Government of the Russian Federation of December 26, 2011 N 1131)
m) coordinates, taking into account the requirements established by paragraph 4 of this Regulation, the contribution of a federal budgetary institution in the cases and in the manner provided for by federal laws, Money(unless otherwise established by the terms of their provision), other property, with the exception of especially valuable movable property, as well as real estate, into the authorized (reserve) capital of business companies or the transfer of such property to them in another way as their founder or participant;
n) carries out financial support fulfillment of the state task;
p) determine the procedure for drawing up and approving the plan of financial and economic activities of the federal budgetary institution in accordance with the requirements established by the Ministry of Finance of the Russian Federation;
c) determines the maximum allowable value of overdue accounts payable of a federal budgetary institution, the excess of which entails the termination of the employment contract with the head of the federal budgetary institution at the initiative of the employer in accordance with the Labor Code of the Russian Federation;
r) exercises control over the activities of the federal budgetary institution in accordance with the legislation of the Russian Federation;
s) exercise other functions and powers of the founder, established by federal laws and regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation.
3.1. The body exercising the functions and powers of the founder in relation to federal budgetary institutions included in the list approved by the Government of the Russian Federation, appoints (approves) the head of the federal budgetary institution, terminates his powers and pays him remuneration based on the results of work for the year with the consent of the Deputy Chairmen of the Government of the Russian Federation Federations whose duties include coordinating the work of the relevant federal executive bodies. (as amended by Decree of the Government of the Russian Federation of February 28, 2019 N 204)
4. Decisions on the issues specified in subparagraphs "m" and "n" of paragraph 3 of these Regulations (hereinafter referred to as the decision) are made by the body exercising the functions and powers of the founder, in agreement with the Federal Agency for State Property Management, with the exception of decisions regarding federal budgetary institutions under the jurisdiction of the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to federal budgetary institutions subordinate to it, which are assigned in operational management of property located within the boundaries of seaports), by placing on the solution project portal. (as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
(as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
The Federal Agency for State Property Management considers a draft decision in the form of an electronic document signed with an enhanced qualified electronic signature, and no later than 15 working days from the date of its placement on the portal (in the case of the conclusion of lease agreements in relation to the federal property of state educational organizations that are federal budgetary institutions , federal budgetary scientific institutions - no later than 15 calendar days from the date of its placement on the portal) approves the draft decision or sends a reasoned refusal to approve it by posting it on the portal (in the case of the conclusion of lease agreements in relation to the federal property of state educational organizations that are federal budgetary institutions, federal budgetary scientific institutions - no later than 15 calendar days from the date of its placement on the portal) notification in the form of an electronic document signed by an enhanced qualified e-mail electronic signature. (as amended by Decrees of the Government of the Russian Federation of December 17, 2014 N 1389, of December 6, 2018 N 1492)
If the relevant information is not received from the Federal Agency for State Property Management within 30 business days from the date of posting on the portal (in the event of the conclusion of lease agreements in relation to the federal property of state educational organizations that are federal budgetary institutions, federal budgetary scientific institutions - within 30 calendar days from the date of posting on the portal) of the draft decision by the body exercising the functions and powers of the founder, the decision is considered agreed. (as amended by Decrees of the Government of the Russian Federation of December 17, 2014 N 1389, of December 6, 2018 N 1492)
(as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
With regard to federal budgetary institutions under the jurisdiction of the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to federal budgetary institutions subordinate to it, to which property located within the boundaries of seaports is assigned in operational management), decisions are made respectively by the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Maritime and River Transport.
APPROVED
Government Decree
Russian Federation
of July 26, 2010 N 537
REGULATIONS ON THE FUNCTIONS AND POWERS OF THE FOUNDER OF THE FEDERAL STATE INSTITUTION BY FEDERAL EXECUTIVE AUTHORITIES
(as amended by Decree of the Government of the Russian Federation of December 26, 2011 N 1131, of December 17, 2014 N 1389, of February 28, 2019 N 204)
1. This Regulation determines the procedure for the exercise by federal executive bodies of the functions and powers of the founder of a federal state institution.
2. The functions and powers of the founder in relation to the federal state institution, unless otherwise established by federal laws, regulatory legal acts of the President of the Russian Federation or the Government of the Russian Federation, are exercised by the authorized federal executive body in charge of this institution (hereinafter referred to as the body exercising the functions and powers of the founder).
3. The body exercising the functions and powers of the founder, in the prescribed manner:
a) performs the functions and powers of the founder of a federal state institution during its creation, reorganization, change of type and liquidation;
b) approves the charter of the federal state institution, as well as amendments to it;
c) appoints the head of the federal state institution and terminates his powers;
d) enter into and terminate an employment contract with the head of a federal state institution;
e) forms and approves the state task for the federal state institution in accordance with the main types of activity provided for by its charter;
f) determine, on the basis of a legal act, a list of federal state institutions, which establish a state assignment for the provision of public services (performance of work) to legal entities and individuals (hereinafter referred to as the state assignment);
g) provides financial support for the activities of the federal state institution, including the fulfillment of the state task in case of its approval;
h) determine the procedure for compiling and approving a report on the results of the activities of a federal state institution and on the use of state property assigned to it in accordance with the general requirements established by the Ministry of Finance of the Russian Federation;
i) establishes the procedure for compiling, approving and maintaining budget estimates of federal state institutions in accordance with the general requirements established by the Ministry of Finance of the Russian Federation;
j) coordinate, taking into account the requirements established by clause 4 of this Regulation, the disposal of real estate of a federal state institution, including its lease under contracts, the standard terms of which are approved by the Ministry of Economic Development of the Russian Federation, unless otherwise provided by other regulatory legal acts adopted in accordance with federal laws; (as amended by Decree of the Government of the Russian Federation of December 26, 2011 N 1131)
k) coordinates the disposal of movable property of the federal state institution;
l) exercises control over the activities of a federal state institution in accordance with the legislation of the Russian Federation;
m) exercise other functions and powers of the founder, established by federal laws and regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation.
3.1. The body exercising the functions and powers of the founder in relation to federal state institutions included in the list approved by the Government of the Russian Federation, appoints the head of the federal state institution, terminates his powers and pays him remuneration based on the results of work for the year with the consent of the Deputy Chairmen of the Government of the Russian Federation, in whose duties include coordinating the work of the relevant federal executive bodies. (as amended by Decree of the Government of the Russian Federation of February 28, 2019 N 204)
4. The decision on the issue specified in subparagraph "k" of paragraph 3 of these Regulations (hereinafter referred to as the decision) is made by the body exercising the functions and powers of the founder, in agreement with the Federal Agency for State Property Management, with the exception of decisions regarding federal state institutions, under the jurisdiction of the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to the federal state institutions subordinate to it, which are assigned in the operational management of property located within the boundaries of seaports).
The interaction of the body exercising the functions and powers of the founder with the Federal Agency for State Property Management is carried out through the interdepartmental management portal state property in the information and telecommunications network "Internet" (hereinafter referred to as the portal) by placing electronic documents signed with an enhanced qualified electronic signature. (as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
The Federal Agency for State Property Management considers a draft decision in the form of an electronic document signed with an enhanced qualified electronic signature, and no later than 15 working days from the date of its placement on the portal agrees on the draft decision or sends a reasoned refusal to approve by posting a notification in the form of an electronic document on the portal signed with an enhanced qualified electronic signature. (as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
If the relevant information is not received from the Federal Agency for State Property Management within 30 working days from the date of posting the draft decision on the portal by the body exercising the functions and powers of the founder, the decision is considered agreed. (as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
The body exercising the functions and powers of the founder notifies the Federal Agency for State Property Management of the decision (with a copy of the decision in electronic form) by posting a notice on the portal in the form of an electronic document signed with an enhanced qualified electronic signature no later than 10 working days from the date of its adoption. (as amended by Decree of the Government of the Russian Federation of December 17, 2014 N 1389)
With regard to federal state institutions under the jurisdiction of the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Sea and River Transport (in relation to federal state institutions subordinate to it, to which property located within the boundaries of seaports is assigned in operational management), the decision is made respectively by the Ministry of Defense of the Russian Federation, the Administration of the President of the Russian Federation and the Federal Agency for Maritime and River Transport.
APPROVED
Government Decree
Russian Federation
of July 26, 2010 N 537
CHANGES INTRODUCED TO THE REGULATIONS ON THE FUNCTIONS AND POWERS OF THE FOUNDER OF THE FEDERAL AUTONOMOUS INSTITUTION, APPROVED BY THE DECISION OF THE GOVERNMENT OF THE RUSSIAN FEDERATION OF OCTOBER 10, 2007 N 662
a) after the first paragraph, add the following paragraph:
"The decision to create a federal autonomous institution by changing the type of an existing federal budgetary or state-owned institution is made by the federal executive body exercising the functions and powers of developing state policy and legal regulation in the relevant field of activity, in relation to an institution under the jurisdiction of this body, or federal service or federal agency subordinate to that body.";
b) in the second paragraph, the words "(including by changing the type of an existing state institution)" shall be deleted;
c) add the following paragraph:
"The functions and powers of the founder of a federal autonomous institution created by changing the type of a federal budgetary institution are performed by the federal executive body that exercised the functions and powers of the founder of the federal budgetary institution, the type of which was changed."
b) supplement with subparagraph "b.1" of the following content:
"b.1) determine the list of measures aimed at the development of the federal autonomous institution;";
"e) determine the list of especially valuable movable property;".