Federal Governmental Institution. State (municipal) state institution, its activities and rights

In 2010, Federal Law No. 83 was adopted. He introduced a number of changes to individual legislative documents. In accordance with these amendments, since 2011, all institutions financed from the budget, it was necessary to accept the status of autonomous, budgetary or state. Let us further consider what constitutes the last category of organizations.

General information

A government institution is an organization that provides services, performs work, or performs certain functions to ensure the implementation of the powers of various levels of government provided by law. Financing of such enterprises is carried out at the expense of the corresponding budget fund in accordance with the adopted estimate. In Art. 31 of the Federal Law No. 83 indicates that the creation of a public institution is carried out on the basis of a functioning legal entity without reorganization procedures by changing its type.

Property issue

The rights of public institutions to material values ​​assigned to them are realized according to certain rules. An enterprise may own, dispose of, use the property entrusted to it within the limits provided for by law. Moreover, these actions should be consistent with the goals of the organization, tasks, and the appointment of values. The owner of the property has the right to withdraw part of it from the legal entity. This is allowed if material assets prove to be redundant, unused or used for other purposes. The owner may dispose of the seized property at his discretion. A public institution may independently sell products that it produces, unless otherwise specified by a legislative act or other regulatory document.

List of entities required to change status

It is given in Art. 31, paragraph 1 of the Federal Law No. 83. It is necessary to change the status to a territorial or federal state institution:

1. To military units, directorates of units / associations of the Armed Forces, military commissariats, military units by internal troops and civil defense.
2. The penitentiary institution, pre-trial detention center and other institutions created to ensure the functioning of the penitentiary institution, performing special and managerial tasks.
3. Specialized institutions for minors undergoing rehabilitation.
4. Institutions of the GU special programs under the President, the Ministry of Internal Affairs, the FSB, the Federal Customs Service, the Federal Security Service, the Federal Tax Service, the Foreign Intelligence Service, object, territorial, military, special, subdivisions of the Ministry of Emergencies, emergency rescue units.
5. Specialized psychiatric hospitals with intensive surveillance, anti-plague facilities and leper colony.

Normative base

Changing the type of organization is carried out in the order determined by:

1. Government of the country. The decisions of this body apply to any federal state institution.
2. The supreme executive institution of power of the subject. Decisions of this structure are binding on regional organizations.
3. By local authorities. Orders issued by them apply to any municipal government institution.

Documenting

As mentioned above, a change in the type of organization is carried out in accordance with an order (resolution). Mandatory information that is indicated in the document according to which the state institution appears is:

1. The name of a functioning enterprise with an indication of type.
2. The name of the organization being formed.
3. Name of the executive body performing the powers and functions of the founder.
4. Information about the preservation / change of the main goals, in accordance with which the activities of the state institution are carried out.
5. The list of measures for the formation of the organization with the timing.
6. Information about maintaining / changing the number of employees.

The draft resolution / decree is developed by the executive body, which performs the functions of developing state policy and legal regulation in this area of ​​activity, in coordination with the Ministry of Economic Development and the Ministry of Finance.

Applications

Together with the order, the authorized body provides:

1. Explanatory Note. It contains the rationale for changing the type of organization to a public institution.
2. Information on accounts payable of the enterprise, including overdue.

If a change in the type of organization leads to the impossibility of performing state tasks, the explanatory note should contain information about the subject to whom they will be entrusted.

Legal status of organizations after type change

A territorial or state treasury institution is financed in accordance with a specially developed budget estimate from the corresponding fund. This provision is enshrined in Art. 6 and Art. 161 (paragraph 2) of the BC. A state institution shall perform operations to fulfill the items of expenses and income on accounts opened by it with a financial authority (region or Moscow Region) or the Main Treasury. The organization may independently act as a plaintiff or defendant in court. This feature is provided in accordance with Art. 161, Clause 8 BC. The government institutions of Russia are liable for their obligations with the funds at their disposal.

If available financial resources organization is not enough, the owner of the property will bear subsidiary responsibility. Government institutions of the Russian Federation cannot receive and provide loans / credits, or buy securities. Budget subsidies and subsidies to organizations are not provided. Enterprises cannot alienate or otherwise dispose of the property entrusted to them without agreement with the owner. A territorial or state treasury institution may be engaged in entrepreneurship. However, its form must be specified in the charter. Revenues from such activities are directed to the appropriate budget. Placement of orders for the performance of work / provision of services / delivery of products is carried out in accordance with Federal Law No. 94. The property of the organization is assigned to it on the rights operational management.

Founder Functions

They are being implemented executive body which is in charge of the organization. For example, if it is a municipal government agency, then the MO administration will be the authorized structure. Executive agency:

1. It performs the functions and exercises the powers of the founder of the organization during its formation, reorganization, liquidation, change of type.
2. Approves the charter of the enterprise and changes made to it.
3. Appoints the head of the organization, removes him from his post.
4. Terminates and concludes an employment contract with the head of the institution.
5. Draws up and approves the assignment for the organization, taking into account the types of work provided for in its charter.
6. Sets the list of enterprises to which the developed tasks are set.
7. It provides funding for the work of the institution, including in the performance of the approved state task.
8. It determines the order in which a budget estimate is prepared, adopted and introduced, in accordance with the general requirements formulated by the Ministry of Finance.
9. Carries out coordination with the Federal Property Management Agency of the disposal of immovable and movable objects, including providing them for rent.
10. It monitors the activities of a public institution based on the provisions of the law.
11. It exercises other powers and carries out other functions of the founder as provided for by regulatory enactments.

Regional and municipal executive bodies publish relevant documents that establish specific tasks for the founders of their subordinate institutions.

Coordination with the Federal Property Management Agency

Consideration of a draft decision on the disposal of material assets of a public institution is carried out within 15 days from the date of its receipt. At the end of this period, the submitted documentation is agreed upon or a reasoned refusal of approval is sent to the applicant. If the response is not received within 30 days, the draft decision will be considered agreed. The authorized executive body must notify the Federal Property Management Agency about the adopted resolution. This is done within 10 days from the date of approval. For institutions under the jurisdiction of Rosmorrechflot, the Office for Presidential Affairs, and the Ministry of Defense, the decision is made, respectively, by these structures.

Charter: General Provisions

After the approval of the regulatory act on the change in the type of organization, the state-owned institution must make appropriate changes to the documentation. In the charter of the enterprise must be present "General Provisions". They include:

• Name of institution.
• Information about the location.
• The name of the founder and the name of the owner of the property, an indication of the executive bodies exercising their powers.

Nature of work

The charter must indicate the purpose and subject of the activity. They are formulated in accordance with the Federal Law, another regulatory act (regional, local). The document should indicate the full list of types of activities that the company can carry out (main and additional types are indicated) to achieve the goals. The charter includes a section containing information on the organization of work and enterprise management. Among other things, it indicates information about:

• The structure and competencies of the administration of the organization.
• The order of formation of governing bodies.
• Duration of authority.
• Functioning order.
• Regulation on the responsibility of the head of the institution.

Section on financial security and property

This part of the charter shall contain information on material assets that are under operational management, by their owner, the procedure for their disposal, as well as the particulars of receipt of funds. In addition, the section on financial security and property shall indicate:

1. The order of disposal of material assets acquired by the organization, with the exception of those that were purchased with funds allocated by the owner.
2. Conclusion rules major deals and the signing of contracts of interest.
3. A ban on actions, the consequences of which may be the encumbrance or alienation of property assigned to a state-owned institution on the basis of operational management, or of material assets acquired with funds allocated by a budget (extra-budgetary) fund of the appropriate level, unless otherwise provided by law.
4. Regulation on the opening in the branches of the Federal Treasury of l / s, as well as other accounts created for the organization in accordance with regulatory legal acts.
5. The procedure in accordance with which the liquidation of a public institution is carried out on the basis of a decision of the owner of the material assets and the provision on the subsequent disposal of the property of the enterprise that has ceased operations, unless otherwise provided by law.
6. Indication of subsidiary liability. The obligations of the federal state-owned institution are met by the Russian Federation in the person of an executive state body that performs the functions and exercises the powers of the founder.
7. Information about the representative offices and branches of the organization.
8. Other sections, if provided for in legislative documents.

The authorized executive body issues a resolution in accordance with which amendments to the charter are approved.