Board of Trustees - what is it? The definition is given by the Criminal Executive Code of the Russian Federation and some other regulatory documents. Parents of schoolchildren, people whose children ended up in educational institutions, as well as employees of such organizations should have an idea of what the council is. This will help to conduct activities in accordance with relevant laws.
Penal Code: Definition
Board of Trustees - what is it? The Criminal Code of the Russian Federation proposes to characterize this term as follows: the body that is formed in a certain colony for the maintenance and education of convicts. The main task of the PS is to help with administrative issues related to the activities of the colony, as well as to strengthen the material base. PS can solve the problems of social protection of wards, engage in the employment of those released, their domestic self-realization.
The Law on the Board of Trustees of such a plan is the 142nd article of the Criminal Code of the Russian Federation. Inside create a position. It will regulate the operation of the PS.
Who, what and how
In the colony, the composition of the board of trustees is made up of employees of state institutions, activists who have expressed a desire to try themselves in this area, and persons from public organizations. This is chosen only by those whose moral, business personality traits allow you to cope with the tasks assigned to the PS.
Creating a substation is the responsibility of a specialized state institution. She is engaged in the approval of the situation, chooses the composition. The country's highest executive power decides who will get the position of "chairman of the board of trustees." But local authorities will control the work of the PS and its leaders.
Council members can regularly visit wards, get acquainted with the internal “kitchen”, talk with the defendants in the colony, and monitor justice issues. In particular, if there are complaints, it is the members of the council who can promote them so that the review will proceed quickly and correctly. If in the course of such work it is possible to detect deficiencies in the functioning of the colony, the chairman of the council sends a request to the administration, formulates proposals aimed at improving the situation. At the same time, the operational work of the colony, the search for the substation has no right to intervene.
PS: what else are
The described type of PS is far from the only one. Similar bodies are created in various non-profit organizations, foundations. So, PS in a pension fund is necessarily functioning. He controls how the organization works, stands up for the interests of participants. The law governing the activities of the Board of Trustees in the PF is called “On Non-State Pension Funds”. PS is considered in article 31. It describes how such a council is formed, where the participants are taken from and who is appointed as the leader.
PF Board of Trustees is an association of persons representing the interests of participants and investors. For a decision to be made, at least half of the vote in favor of a particular option is needed. At the same time, PS members do not receive payment for their work in this body.
A number of features
In different organizations, the work plan of the board of trustees, as well as the specifics of the work process, are excellent. So, in one case, the PS is engaged only in supervision, control, but in the other it will have much wider functions. The simplest example is the board of trustees at school. Here PS is a type of self-government. Back in 1999, the government of the country established an approximate position for the PS of the school.If you study it, you will notice that the organ:
- helps to attract extrabudgetary funds for school development;
- helps improve working conditions;
- organizes contests, competitions, other events;
- Deals with competency issues.
Board of Trustees: general information
First, the provision on the board of trustees is adopted, and only on its basis the PS is created directly. For this, a non-profit organization needs to organize a meeting of all shareholders, during which (this event should be recorded and registered according to the rules of document circulation) they decide on how to create a PS and how it will work.
PS is a collegial body, which means that it should include five or more participants. When a certain issue is submitted to the board of trustees, each member reports his recommendations. Typically, issues are directly related to issues relevant to the meeting of shareholders.
What to consider:
- liquidation, reorganization;
- amendment of the charter;
- change in the invested, reserved share of income.
Who holds the board meeting? Usually these are people who conduct such activities free of charge, that is, they do not receive remuneration for their work. As for the composition, in the general case, three quarters of the votes in the PS belong to the insured, participants, investors of the organization. However, it may not be the people themselves, but their official representatives.
PS: terminology
Guardianship allows you to effectively protect rights and interests, as well as provide custody of an unprotected category of citizens.
Trustees are those who are officially elected.
In some institutions, managers are called trustees.
There is also a special rank that can be given to a citizen - and then he becomes a trustee. Finally, these are those who lead the PS or take part in it.
The normative regulation of PS in Russia is carried out on the basis of the law adopted in 1999 under the number 1134. It follows that educational institutions must have board of trustees without fail. Such bodies will monitor how the organization works, and also monitor targeted contributions, donations on a voluntary basis. The task of the PS is to ensure that all the money goes to the needs of the educational institution directly, and not to third-party purposes.
Responsibility: on everyone and everyone
Even a first grader knows that the most important person in school is the principal. His task is to choose a strategy for the development of the institution, to provide funding. But only one person is unable to cope with a large organization. Therefore, the idea of board of trustees appeared, providing assistance to the head of the educational institution at no cost. As they say, divide and conquer. Here this principle is fully reflected - sharing power between itself and the activists, the main manager with great success solves even complex problems.
The Regulation on the Board of Trustees allows introducing self-government into working practice as an effective method of improving the quality of the services provided by the institution. PS receives some managerial powers, which implements public practice of public administration. Of course, only a competent director who is able to appreciate all the advantages of this method will resort to this. On the example of numerous educational institutions that organized PS, it is clear that budget money is spent more efficiently here, and the institution itself gets independence more quickly: financial, economic.
Some nuances
Certain difficulties are associated with such a situation when a PS is created in an educational institution, but nothing is registered as a legal entity.This means that any funds coming from different sources are sent to the school, even if the council has its own account. Income, expenses will be reflected in the school estimate, which will lead to bad consequences. The second option is “black cash”. He looks even worse.
To find a way out of the situation, it is necessary not only to form a PS in an educational institution, but also to open a new legal entity corresponding to it. It will be independent, classified as a non-profit organization. Profit earned by the PS is not distributed among the participants, but is aimed at improving the situation of the school for which the PS works.
In the form of a legal entity, the PS accumulates money, without reporting to anyone from outside. When extrabudgetary sources are controlled by such a legal entity, officials do not have access to them, which completely destroys the possibility of illegal fraud. And such things happen very often if the local government is trying to reduce the costs of a general education institution: it simply enters the funds received from sources outside the budget as school profits, and announces that the educational institution is provided for everyone. Of course, one cannot dream of grants here.
Benefits for Parents
Why is PS in the school useful not only for the director, but also for the parents of all children studying in the institution? They receive a guarantee of targeted spending of the funds collected by them. This means that it is the townsfolk who will control where and how the money goes. The trustees work with the parents of all schoolchildren, and the funds raised are sent strictly to educational tasks.
PS should closely cooperate with the school administration, but he does not obey it, but controls the work of managers. This affects not only financial aspects, but also a number of other issues. In order for the work to be as effective as possible, it is important to establish interaction without conflicts, based on the ideas of partnership. In this case, parents through the board of trustees can participate in the organization of the educational process and in solving the problems of the school.
PS: not only for general education!
One of the important tasks of the PS is to support the educational program. If we are talking about an institution where they provide additional education, then the PS controls so that low-income gifted children can get the best. Activists organize circles, sections, conduct sporting and cultural events aimed, on the one hand, to attract public attention to problems, and on the other hand, giving children the opportunity to show themselves. PS also provides legal protection for an educational institution, its students, teachers, and may take part in organizing summer holidays for schoolchildren and teachers.
PS: whom to include
Practice shows that the most effective are PSs that include businessmen. Good results are shown by tips, including local officials working in areas related to the organization’s field of activity. But “celebrities” are recommended not to include if possible. Such conclusions were made during a study organized by Process Consulting and the Garant Center.
I must say that in recent years, much has changed. If 7-8 years ago quite often celebrities were included in PS, there was no real benefit to the business, then in recent years this practice has come to naught. But much depends on the characteristics of a particular fund. The most striking example is a fund chaired by the president of a country. This organization is created to help people with disabilities. It was formed with the participation of the state. There are three tips. One is managed and is the highest body, the other is PS, the third is expert, which solves financing issues.
When does PS work efficiently?
According to experts, the best efficiency of PS shows when the composition of the members is balanced. This means that there should be such persons who will represent the organization, institution in society, those who have established contacts with business, as well as people through whom it is possible to work with state authorities. You can’t do without an activist who would move the PS and through it the organization itself forward. This person should attract interested people from whom a collegial body can be created. According to analysts, if it was possible to choose such an active participant successfully, he will definitely form a reputable PS.
The council should have a core that can work actively, but there is also a passive reserve. These are the members who take a minimum part in the actual work. The active core takes on the interaction with the media, planning the development strategies of the institution. Activists are required to participate in all activities in their field.
Exchange of experience and new opportunities
If possible, many recommend attracting foreign citizens to PS. This is necessary for those institutions that plan to work with foreign legal entities in the future. By attracting such people in advance, you can get invaluable first-hand experience in a similar field in another country.
By the way, do not think that such a condition only works for large non-profit organizations. Even PS at the most ordinary school on the periphery of Russia receives great benefit if it is interested in a foreign citizen in its work. Probably, it will be possible to establish fairly strong ties and take schoolchildren on excursions and training programs to the country where the person came from. You can set up a language exchange program, and declare all the benefits in a special development program, for which you can request a grant from the administration of the village.