Powers represent a limited right and responsibility to use the resources of the organization, independently make decisions, give orders and implement .
Powers are presented to the position, and not to the person who occupies it.
Permissions come in two general types:
- linear;
- hardware (staff).
Line powers
They are transmitted directly from the boss to the subordinate and further along the chain to other subordinates. A manager with linear authority also has the right to make decisions and act on certain issues without the consent of other managers, for example, within the limits established by law or the charter of the organization.
The successive chain of arising linear powers creates a hierarchy of levels of control. The most obvious example of a chain of command is the hierarchy of a military organization. With a long chain of commands, a significant slowdown in the speed of information exchange is observed.
There are two concepts that must always be taken into account: the principle of unity of command and the need to limit the norm of controllability.
According to principle of unity of command an employee should receive authority from only one boss and answer to him.
Controllability rate is the number of employees who report directly to the manager.
Staff powers
These powers help the organization to use specialists without violating the principle of unity of command to solve problems of an advisory or service nature.
The main types of staff powers are divided into recommendatory, coordinating, control and reporting, conciliation.
Recommendations Powers lie in the fact that their holder, if necessary, can give advice to managers or performers in need of them, how best to solve one or another narrowly professional issue.
Coordinating powers are associated with the development and adoption of joint decisions.
Control and reporting powers enable their holders to carry out, within the officially established framework, check the activities of managers and executors, require them to provide mandatory information, analyze it and send the results obtained along with the findings to the relevant authorities.
The principle of delegation of authority
As part of management structure there is a rational distribution and redistribution of rights, duties and responsibilities between its subjects. This process, the principles of which were developed in the 1920s. P. M. Kerzhentsev, was called "delegation of organizational authority and responsibility."
The following types of work are usually delegated:Delegation- is the process of transferring part of his official functions to subordinates without active interference in their actions.
The principle of delegation of authority consists in the transfer by the head of a part of the powers, rights and responsibilities entrusted to him to his competent employees.
- routine work;
- specialized activity;
- private and unimportant questions;
- preparatory work.
However, there is a set of managerial tasks, the solution of which should be left to the head. The duty of the chief executive of the firm is to take on high-risk tasks that contain aspects of strategic importance and are of a confidential nature and all unusual, outside the established regulations and traditions of the operation.
And issues such as:- establishment;
- development of the organization's policy;
- management of employees and their motivation;
- tasks high degree risk;
- unusual and exceptional cases;
- tasks of a strictly confidential nature.
When delegating authority, the manager delegates (establishes) responsibilities; determines the rights and level of responsibility in the exercise of authority.
Benefits of delegation of authority:
- the ability to engage in tasks that require the personal participation of the leader;
- focus on strategic objectives and perspective plans enterprise development;
- this is The best way motivation of creative and active workers;
- this is the best way to learn;
- it's a career path.
The effectiveness of delegation of authority is obvious, but not all managers are in a hurry to apply it for the following reasons:
- doubts about the competence of other employees, fear that they will do worse;
- fear of losing power and position;
- distrust of subordinates, low assessment of their abilities;
- ambition and high self-esteem;
- fear that his actions will be misinterpreted by colleagues and superiors.
Let us consider in more detail the importance of the practical application of delegation in enterprise management.
Practical application of delegation in enterprise management
The delegation of authority takes place not only on an official basis, but also mostly on a semi-official or even informal basis, and implies the presence of a favorable moral and psychological climate in the team and mutual trust between leaders and performers. Delegation of authority is preceded by significant preparatory work. It consists in determining: for what, to whom, how to delegate authority? What benefits can be obtained for him, the subordinates themselves and the organization as a whole? What obstacles might arise?
Main practical value The principle of delegation of authority is that the manager frees his time from less complex daily affairs, routine operations and can concentrate his efforts on solving problems of a more complex managerial level. At the same time, this method is a purposeful form of staff development, contributes to the motivation of their work, the manifestation of initiative and independence.
The main task of the leader- not to do the work yourself, but to provide organization labor process forces, take responsibility and use power to achieve the goal.
A particularly sensitive aspect of the delegation principle is organization of control over the actions of subordinates. Constant guardianship only hurts. Lack of control can lead to disruption and anarchy. The solution to the problem of control is in a well-established feedback, in the free exchange of information between colleagues and, of course, in a fairly high authority and managerial skill of the leader.
Often there is a problem of psychological choice: what task to entrust the performer of a familiar or fundamentally new. Most often, the implementation of a new task is delegated, especially if it seems unattractive, routine to the manager. This decision is not always correct. The problem is that, having transferred the solution of the task to someone, the manager still bears responsibility for its implementation and control, and even more so, it is much easier to simply observe (so-called monitoring) the implementation of a familiar problem.
Experienced administrators often assign a capable performer a little more challenging tasks than he is accustomed to doing. In this case, it is desirable to prepare the task in the form of a written order. Having received a difficult task, the performer reveals himself more fully and receives sincere satisfaction from the completion of the task and the trust placed in him.
It should be noted that the principle of delegation of authority is little used by people who have recently received a promotion, because it is difficult for them to abandon the habitual stereotype of past activities. However, the leader, who sorts the correspondence himself and types on a typewriter in front of a bored secretary, causes regret, but not sympathy.
Sometimes principle of delegation of authority does not give the expected effect: the performer does not fully perform the management functions assigned to him. Most often this happens in cases where it is necessary to make unpopular decisions in the team: the imposition of penalties for violation labor discipline; deprivation of premiums; investigation of immoral acts of employees, etc. Under various pretexts, the performer tries to transfer the solution of these problems to his leader in order to look in the eyes of the team from the best, as it seems to him, side. Among other reasons, the most commonly cited are uncertainty about the correctness of the responsible decision being made, insufficient experience, and fundamental disagreement with the opinion of the leader.
When distributing managerial powers in an organization, it is necessary to take into account a number of important circumstances:- The powers must be sufficient to achieve the goals facing the subject. Therefore, it should be remembered that goals are always primary and determine the amount of authority granted.
- The powers of each entity must be linked to the powers of those with whom it has to cooperate in order to ensure their interaction and, ultimately, the balance of the entire management system.
- The authority in the organization must be clear, so that each employee knows: from whom he receives them, to whom he transfers, to whom he is responsible and who should answer to him.
- Performers must independently solve all problems within their competence and be fully responsible for their activities and their results.
External administration is applied in relation to a legal entity that is in the process of bankruptcy and is optional and is introduced by an arbitration court on the basis of a decision of a meeting of creditors. The introduction of such management makes sense if it is possible to avoid bankruptcy proceedings, for which an external manager is appointed by the arbitration court. At the same time, such a person receives a wide range of powers and fully replaces the head of a bankrupt enterprise in his position.
An important aspect of arbitration management is the establishment of a moratorium on the credit obligations of a legal entity facing bankruptcy.
Procedure for appointing an external manager
The decision to introduce external management is included in the enterprise-debtor. At the same meeting, the candidacy of the manager must also be approved. Thereafter court of Arbitration introduces external control while appointing an external manager. In the absence of such an opportunity, the court must approve the arbitration manager within a month after the start of external administration.
Candidates for this position may be proposed to the meeting of creditors by the tax authority, the bankruptcy creditor, the debtor himself or the owner of his property.
If at the first meeting of creditors a decision on arbitration management was not made, then the manager’s candidacy may be submitted for approval by the arbitration court within two weeks from the date of the decision issued by him on the introduction of external management at the bankrupt enterprise.
Who can be appointed manager?
The duration of the arbitration board is 18 months. But it can be either extended for 6 months or reduced for a certain period at the request of the meeting of directors. The decision on this is made by the arbitration court.
Rights of an external manager
Immediately after the appointment, the external manager assumes all the management of the bankrupt enterprise, and the head immediately vacates the position.
Within three days, the governing bodies must hand over all accounting and other required documentation, seals, stamps and material values at the disposal of the arbitration manager. At the same time, the manager undertakes to take control of the debtor's property, having carried out its inventory.
He also needs to open a special bank account for financial transactions, keep all types of legal records and provide reports on them.
The activities of the arbitration manager can be divided into two stages:
- Determination of the reasons that led the company to bankruptcy, including determining whether it was intentional.
- Activities aimed at liquidating insolvency legal entity.
At the first stage, the external manager focuses on the possibility of canceling some unfavorable contracts that were concluded by the debtor in the framework of civil law activities. To do this, he is given 3 months.
The classification of such transactions is carried out according to several parameters:
- Only contracts can be canceled which the parties have not fulfilled in part or in full.
- If the fulfillment of the terms of the transaction will result in losses, and contracts concluded under similar circumstances were previously successful.
- Benefits from the contract are designed for the long term, or it is concluded for a long period (i.e. more than 12 months).
- Other conditions are taken into account, which do not allow resuming the solvency of a bankrupt without canceling the contract.
In case of cancellation of any transaction, the other party may claim the recovery of damages without taking into account lost profits.
The arbitral tribunal may also invalidate an agreement which, according to the conclusions of the insolvency practitioner, has caused losses to creditors. Transactions that resulted in the satisfaction of the material interests of certain creditors to the detriment of others may also be cancelled.
The second stage of his activity, the external manager must begin with the drawing up of a management plan. He was given 3 months from the date of his appointment to complete this task.
This plan should have a clear time frame and be aimed at eliminating signs of bankruptcy. The concept and signs of bankruptcy.
In other words, as a result of arbitration management, a legal entity must completely get rid of debts and have at least some amount of finance to continue its business activities. It is to achieve such results that the rights and obligations of the external manager are directed.
Arbitrator's plan
The manager's action plan should include the following:
- List of measures aimed at restoring the solvency of the debtor enterprise. This may include:
- change in activity profile,
- closure of unprofitable enterprises,
- sale of some part of the property,
- issue of additional shares,
- staff retraining,
- increase authorized capital and etc.;
- The order of implementation of the planned actions.
- Both foreseen and unforeseen costs associated with the implementation of the plan.
- Specific timeframes to be consistent with the term of external management.
Members of the meeting of creditors may approve or reject the plan proposed by the external manager. They have the right to apply to the arbitration court for the dismissal of the arbitration manager from office and for his replacement by another person.
The members of the meeting of creditors approve or reject the manager's plan.
Creditors are entitled to present claims to the debtor, which are considered by the external manager during the period of arbitration management, defining them as established in accordance with the law. Such requirements are entered into the register within 14 days. sample register of creditors' claims. After no more than 1 month from the date of receipt of the claim, the arbitration manager shall report the results of their consideration to the creditor.
Responsibilities in managing the debtor's business
It is worth emphasizing that an attractive side of external management for the debtor is a moratorium on the repayment of creditor claims. start of external control. At this time, instead of paying off debts, the available funds can be used to improve financial condition enterprises.
The external manager has the right to dispose of the property of the debtor enterprise, and the owner cannot influence his decisions. To avoid the adverse consequences of such broad powers, some mechanisms are established in the legislation.
Restrictions have been imposed on transactions that exceed 20% of the value of the debtor's assets and on contracts where an external manager may be an interested party. Such agreements may be entered into by the arbitration manager only with the approval of the creditors.
15 days before the expiration of his powers, the external manager must submit to the creditors' council a full report on his activities. This may happen earlier if there are grounds for it.
In the final report, the receiver must indicate the latest financial indicators enterprises. They need to highlight the balance of profit and loss for the reporting period, information about the possibility of paying debt obligations to creditors.
Based on the report, the board of creditors may make the following decisions on the results of the work of the external manager:
- termination of external administration as a result of restoration of the debtor's solvency;
- petition for an extension of the external administration period;
- application for declaring the company bankrupt;
- conclusion and.
The arbitration court agrees with the opinion of the council of creditors or makes a different decision.
Art. 129 Bankruptcy law in the latest valid version of December 21, 2016.
There are no new versions of the article that have not entered into force.
Compare with the version of the article dated 01/01/2016 09/01/2013 10/29/2012 06/05/2009 12/31/2008 12/02/2002
From the date of approval of the bankruptcy trustee until the date of termination of bankruptcy proceedings, or the conclusion of a settlement agreement, or the removal of the bankruptcy trustee, he exercises the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the debtor's property - unitary enterprise within the limits, in the manner and under the conditions established by this Federal Law.
The bankruptcy trustee must:
- take over the debtor's property, conduct an inventory of such property no later than three months from the date of the introduction of bankruptcy proceedings, unless a longer period is determined by the court considering the bankruptcy case, on the basis of a petition of the bankruptcy trustee in connection with a significant amount of the debtor's property;
- include in the Unified Federal Register of Information on Bankruptcy information on the results of an inventory of the debtor's property within three working days from the date of its completion;
- engage an appraiser to appraise the debtor's property in the cases provided for by this Federal Law;
- take measures aimed at searching, identifying and returning the debtor's property held by third parties;
- take measures to ensure the safety of the debtor's property;
- notify the debtor's employees of the upcoming dismissal no later than within a month from the date of the introduction of bankruptcy proceedings;
- present claims to third parties that have a debt to the debtor for its collection in the manner established by this Federal Law;
- declare in in due course objections to creditors' claims against the debtor;
- keep a register of creditors' claims, unless otherwise provided by this Federal Law;
- transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for the transfer of the debtor's documents for storage are established by federal laws and other regulatory legal acts. Russian Federation;
- conclude transactions in which there is an interest, only with the consent of the meeting of creditors or the committee of creditors;
- perform other duties established by this Federal Law.
The bankruptcy trustee has the right:
Lost strength. - Federal Law of April 28, 2009 N 73-FZ.
If there are grounds established by federal law, the bankruptcy trustee makes claims against third parties who, in accordance with federal law, bear subsidiary liability for the obligations of the debtor.
The paragraph is invalid. - Federal Law of April 28, 2009 N 73-FZ.
The meeting of creditors has the right to decide on the termination of the economic activity of the debtor, provided that such termination does not entail man-made and (or) environmental disasters, the termination of the operation of facilities used to ensure the activities of preschool educational organizations, other educational organizations, medical institutions, facilities used for organizing first aid, ambulance and emergency outpatient, inpatient medical care, objects of communal infrastructure related to life support systems, including objects of water, heat, gas and energy supply, sewerage, purification Wastewater, processing, disposal, neutralization and disposal of solid municipal waste, objects designed to illuminate the territories of urban and rural settlements, objects intended for the improvement of territories (hereinafter - socially significant objects) necessary for the life support of citizens. The bankruptcy commissioner is obliged to stop the production of goods by the debtor (performance of works, provision of services) on the basis of the decision of the meeting of creditors to terminate the economic activities of the debtor within three months from the date of such decision.
Article 129. Powers of the bankruptcy trustee
1. From the date of approval of the bankruptcy trustee until the date of termination of bankruptcy proceedings, or the conclusion of a settlement agreement, or the removal of the bankruptcy trustee, he exercises the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the property of the debtor - a unitary enterprise within the limits, in accordance with the procedure and under the conditions established by this Federal Law.
2. The bankruptcy commissioner is obliged:
take over the debtor's property, conduct an inventory of such property within a period not later than three months from the date of the introduction of bankruptcy proceedings, unless a longer period is determined by the court considering the bankruptcy case, on the basis of a petition of the bankruptcy trustee in connection with a significant amount of the debtor's property;
include in the Unified Federal Register of Information on Bankruptcy information on the results of an inventory of the debtor's property within three working days from the date of its completion;
engage an appraiser to appraise the debtor's property in the cases provided for by this Federal Law;
take measures aimed at searching, identifying and returning the debtor's property held by third parties;
take measures to ensure the safety of the debtor's property;
notify the debtor's employees of the upcoming dismissal no later than within a month from the date of the introduction of bankruptcy proceedings;
present claims to third parties that have a debt to the debtor for its collection in the manner established by this Federal Law;
declare in the prescribed manner objections to the claims of creditors presented to the debtor;
keep a register of creditors' claims, unless otherwise provided by this Federal Law;
transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for the transfer of the debtor's documents for storage are established by federal laws and other regulatory legal acts of the Russian Federation;
conclude transactions in which there is an interest, only with the consent of the meeting of creditors or the committee of creditors;
perform other duties established by this Federal Law.
3. The bankruptcy commissioner has the right:
dispose of the debtor's property in the manner and on the terms established by this Federal Law;
dismiss the debtor's employees, including the head of the debtor, in the manner and on the terms established by federal law;
declare a refusal to execute contracts and other transactions in the manner prescribed by Article 102 of this federal law. The bankruptcy commissioner is not entitled to declare a refusal to execute the debtor's contracts if there are circumstances preventing the restoration of the debtor's solvency;
file with the arbitration court on behalf of the debtor an application for invalidation of transactions and decisions, as well as for the application of the consequences of the invalidity of void transactions concluded or executed by the debtor, claims for the recovery of losses caused by the actions (inaction) of the head of the debtor, persons included in the board of directors ( supervisory board), collegiate executive agency or another management body of the debtor, the owner of the debtor's property, persons acting on behalf of the debtor in accordance with the power of attorney, other persons acting in accordance with founding documents the debtor, bring claims for the recovery of the debtor's property from third parties, for the termination of contracts concluded by the debtor, and perform other actions provided for by federal laws and other regulatory legal acts of the Russian Federation and aimed at returning the debtor's property;
to exercise other rights related to the performance of the duties assigned to him, established by this Federal Law.
6. The meeting of creditors has the right to decide on the termination of the economic activities of the debtor, provided that such termination does not entail man-made and (or) environmental disasters, the termination of the operation of facilities used to ensure the activities of preschool educational organizations, other educational organizations, medical and preventive institutions , facilities used for organizing first aid, emergency and emergency outpatient, inpatient medical care, utility infrastructure facilities related to life support systems, including facilities for water, heat, gas and energy supply, water disposal, wastewater treatment, processing, recycling, neutralization and disposal of municipal solid waste, objects intended for lighting the territories of urban and rural settlements, objects intended for the improvement of territories (hereinafter referred to as socially significant objects) necessary for the life support of the population azhdan. The bankruptcy commissioner is obliged to stop the production of goods by the debtor (performance of works, provision of services) on the basis of the decision of the meeting of creditors to terminate the economic activity of the debtor within three months from the date of such a decision.
Powers governing council
Can the council consider topical issues if the decisions of the council on them are not provided for by the charter?
At a meeting of the council, any issue related to its competence can be considered. On issues for which the charter of the educational institution does not give the council the authority to make decisions, the conclusions of the council are advisory in nature. If these issues have demonstrated strategic importance for the institution, then it is advisable to initiate the adoption of amendments and additions to the charter, assigning to the council the authority to make decisions on relevant issues.
The board has many powers to coordinate the management decisions developed by the director. What does it mean?
The fact that the governing board has the power to agree on a decision on a particular issue means that the school principal cannot independently make a decision on this issue without the consent of the governing board. It should be noted that at the same time the governing council itself cannot make a decision on it on its own. Thus, in matters to be agreed between the administration of the school and its governing board, it is necessary to develop an agreed, mutually acceptable point of view.
Formally, this means that two sources of its legitimacy are indicated on the title of the document. It must be indicated: “Approved by order No. ___ dated _____ 201__. Head" and "Agreed by the decision of the Governing Council, Protocol No. __ dated "__" ____ 201__". The first entry is certified by the signature of the head, the second - by the signature of the chairman of the governing board. It is clear that the timing must precede the approval.
There are already precedents when the prosecutor's office recognized the approval by the director of the protocol for the distribution of the incentive part of the wage fund without the consent of the governing council, as required by the school charter, already exists.
Moreover, in connection with this, questions are raised about the legality of spending targeted budget funds aimed at the incentive part of wages.
In matters to be agreed upon between the school administration and the governing council, it is desirable to come to an agreement, a mutually acceptable point of view. And if it fails, what then?
In the event of such a conflict between the governing board and the director of the educational institution (the director disagrees with the decision of the board and / or the board disagrees with the decision (order) of the director), which cannot be resolved through negotiations, the decision on the conflict issue is made by the founder. Both the director and the managing board (chairman of the managing board) can apply to the founder.
What are the powers and functions of the governing council in the matter of providing an educational institution paid services?
The powers and, accordingly, the functions of the governing council in matters of regulation of income-generating activities, in particular the provision of services, are determined by the charter of the educational institution.
The charter of an educational institution may provide for the following powers of the governing council:
Upon approval (agreement) of the list and procedure for the implementation of additional paid services in general educational institution;
· According to the approval (coordination) essential conditions and texts of contracts of an educational institution with a consumer of additional paid services.
In this case, the governing board has the right and the obligation to:
Install the implementation of additional paid educational services, which are provided by the head of the educational institution and the teaching staff;
· Determine the prices for such services (but not higher than the prices set by the founder);
· Develop a system and procedures for assessing the quality of such services and the satisfaction of their main consumers - students and their parents.
To resolve these issues, the governing council needs to organize interaction with the pedagogical council of the educational institution. It is the expert opinions and recommendations of this body that will allow the governing council to correctly navigate the organization of paid educational activities of the institution, based on the available resources of the institution (primarily personnel) and the possibilities of attracting resources from outside.
It is possible that nothing is said about the role and functions of the governing council in the implementation of additional paid educational services, but at the same time it has the right to coordinate or approve the development program of the educational institution.
The institution's development program may include a special section on the development of income-generating activities and, in particular, activities to provide additional paid educational services.
In this section, for the planned period of time, the governing council may establish a list of additional paid educational services, the implementation of which the institution must organize within the time limits established by the development program.
The framework and guidelines for making such decisions of the governing council should be the Rules for the provision of paid educational services (approved by Decree of the Government of the Russian Federation of July 5, 2001 No. 000 as amended by Decree of the Government of the Russian Federation of April 1, 2003 No. 000), regulatory legal acts of the relevant authorities local self-government, establishing the conditions for the implementation of additional paid educational services by subordinate educational institutions and the maximum allowable prices for them.
It is in this legal field that the governing council has the right to determine the tasks for the development of additional paid educational activities in the relevant section of the development program of the educational institution. The development program approved or agreed upon by the governing council thus becomes a local legal act of the educational institution, binding on its head.
It is mono to point out the following advantages that the governing council has in resolving the issues of organizing income-generating activities by the institution for the head of the institution.
First, public participation in the development marketing strategy paid educational services increases the chances of making it consumer-oriented.
With the adoption in May 2010 of Federal Law No. 83-FZ, the institution earned from the sale of additional services paid educational services, funds are excluded from the composition of the relevant budgets - municipal or state (depending on who is the founder). Thus, these funds again became extra-budgetary, which the educational institution has the right to dispose of independently by the decision of the governing body of the educational institution, to which the right to such a decision is assigned. In other words, these funds cannot be included in the financial support of the municipal (state) assignment to an educational institution from the relevant budget.
The practice of the federal experiment on approbation of the model of governing councils educational institutions and implementation of the direction of complete projects for the modernization of education (HGVJ) "Expansion of public participation in the management of education" in the years. made it possible to test such roles and powers of the governing council as approving or agreeing on an estimate for spending funds from extrabudgetary sources, approving reports from the head on the implementation of such an estimate.
The new legislative situation makes it possible to consolidate and expand the role and powers of the Governing Council in dealing with such issues. In this case, the role and responsibility of the governing council in the overall resource planning for the development of an educational institution increases. Accordingly, when deciding on the organization of additional paid educational services, the governing board should be based not only on taking into account the opinions and interests of the consumer of these services, but also proceed from the tasks of resource provision of the educational institution, effective use additional resources to ensure required quality conditions of the educational process and, ultimately, the quality of education.
The Department of Education wants to fire the principal of the school. Teachers and parents disagree. Does the governing council have the ability to influence management decisions?
In accordance with the Law of the Russian Federation "On Education" (clause 4, article 35), the appointment and, accordingly, the dismissal of the head of an educational institution can be carried out in different ways.
The head of a state and municipal educational institution, in accordance with the charter of the relevant educational institution, may be:
1) Elected by the staff of the educational institution;
2) Elected by the staff of the educational institution upon prior approval of the candidate (candidates) with the founder;
3) Elected by the staff of the educational institution with subsequent approval by the founder;
4) Appointed by the founder with the provision of the council of the educational institution with the right of veto;
5) Appointed by the founder;
6) Hired by the founder.
If the charter of the institution provides for the procedure for appointing a head in accordance with paragraph 4 of this article of the law, then the founder is not entitled to dismiss the head without the consent of the council. If the charter of an institution establishes the procedure for appointing a head in accordance with paragraphs 5 or 6, then the governing board has no formal leverage to influence the decisions of the founder in this matter.
The Governing Council always has the right to consider any issue in relation to its educational institution, even if it is not referred by the charter to its competence, and, based on the results of the consideration, issue its opinion in the form of a recommendation, conclusion (value judgment), petition to the body authorized to make the final decision or to higher authority and administration.
Thus, if the governing board meets on this issue and make a decision (for example, in the form of a reasoned petition to the founder) not to dismiss the principal of the school, that is, there is a chance that the founder will listen to this opinion of the governing board. Otherwise, the governing board may apply to the municipal public education board for the latter to make a recommendation to the founder not to dismiss the director. Also, the governing council may apply to the head local government and to the local council.
Establishment of a governing council
Some schools have a provision for a council, while in others, everything related to its creation and operation is included in the charter. How right?
In the text of the charter, it is possible to describe as densely and in detail as possible the procedure for the formation and activities of the governing board. But this will most likely lead to the fact that the text of the charter for the most part will be devoted only to the governing board. Another approach is also possible. The charter can describe the quantitative and qualitative composition of the governing council, the general procedure for its formation, the term of office, the frequency of its meetings (sessions) and elections.
All other details of the formation and activities of the governing council can be placed in a special school position"On the Governing Council". It is also possible to develop a separate special school regulation “On the procedure for forming the governing council”. These provisions must be recognized by the charter as school local acts and it is necessary to determine in the charter who has the right to approve such provisions by their decision: the founder, school conference, governing council or other school body.
To do this, in the section of the charter devoted to the governing board, it is useful to indicate that the procedure for its formation and activities in the part not regulated by the charter is determined by other local acts: the Regulation “On the governing board”, the Regulation “On the procedure for forming the governing board”.
What specific changes to make to the charter of the school when creating the governing council?
Specific changes that it is advisable to make to the charter are determined by the educational institution. Working group to create a governing council, prepares a draft of a new edition of the school charter, coordinates it within the school community, and then submits it to the founder for approval. At the same time, it is possible to identify approximate changes that it is advisable to make to the charter.
Approximately this approach is served by the document “Methodological recommendations for amending the charters of general educational institutions in connection with the creation of governing councils and the organization of their activities in the process of implementing a comprehensive project for the modernization of education in the Moscow Region”, which you can find on the website “Public participation in education management » (http://gouo/inform/method1).
How does the founder legally formalize the creation of the governing council of an educational institution?
The creation of the governing council of the school is formalized by two orders of the founder.
The first order of the founder formalizes the decision that he makes upon receipt from the head of the educational institution of the protocol of the election commission and the list of elected members of the governing board. This decision applies to the following items:
· Approval of the elected new composition of the governing board;
· Appointment to the new composition of the governing board of the representative of the founder and head of the educational institution ex officio;
· Approval of the date of expiration of the powers of the current composition and the date of entry into the powers of the new composition of the governing council of the educational institution.
The second order formalizes the decision of the founder to approve the full composition of the elected, appointed and co-opted members of the governing board of the educational institution. The founder takes this decision upon receipt of the protocol of the governing council on the co-optation of new members to it.
If the terms for the formation of governing councils in several schools coincided, for example, they take place within one month, the education department can issue one order (one document), but containing all the necessary provisions for each school based on the results of the elections, and one order based on the results of co-optation.
At the discretion of the head of the education department, it can somewhat simplify its paperwork in relation to school governing councils: issue one ready-made order to form a governing council after co-optation. But in this case, it will be necessary to send a representative to the first meeting, giving him a written instruction-power of attorney to represent the interests of the founder in the council, and appoint him on an ongoing basis by one general final order.
In the case of by-elections (elections of members to replace the former ones), the same full or slightly simplified procedure, as indicated above, is implemented, but only with regard to the registration of newly elected members. It is not required to confirm the registration of all others and to appoint a representative of the founder.
Can the founder not approve the charter proposed by the school if he "does not like" the list of powers of the governing board that the school proposed?
In accordance with the Law, the founder does have the right not to approve the draft version of the charter proposed by the educational institution. Of course, the wording “did not like” is not quite suitable for determining the position of the founder, who must clearly and definitely formulate his comments and objections. New edition school charter is the subject of an agreement between the school community and the founder.
At the same time, it should be taken into account that the founder, when determining his position, is guided by the existing regulatory and instructive-methodological acts of the federal, regional, municipal level, which determine the procedure for the creation and operation of public administration bodies, including the approximate composition of the powers of the governing council. Most often, these are the Approximate Regulations on the Governing Council of a General Education Institution approved by the government of a constituent entity of the Russian Federation, in some constituent entities of the Russian Federation - laws on public administration. Actually, the school, in its work on the editorial board of the charter, should rely on these documents.
Composition of the governing board
Is it obligatory for students to be represented on the governing board only by high school students?
Indeed, in methodological recommendations on the functions, organization and work of the governing councils of educational institutions (Appendix to the letter of the Ministry of Education of Russia dated 01.01.2001 No.) and the model Regulations on the governing council of a general education institution known to us, adopted in the constituent entities of the Russian Federation), it is recorded that students of the secondary level ( complete) general education.
The argument in favor of this approach is that students of this age have more school and life experience. Because of this, they can formulate their opinion and defend not only their own interests, but also the interests of the majority of students.
At the same time, it is quite possible that there will be children from grades 8-9 at the school who will be able to adequately represent the interests of all students in the governing council. Therefore, each school itself has the right to fix age limits for students - public managers in the charter and regulation on the governing council. Here you can focus on two legally applicable age limits for children to manage a non-profit legal entity
- 12 and 14 years old.
What is co-optation to the governing board and how to conduct it correctly?
Co-optation is the introduction of new public managers into the governing board of the school by decision of the current school board without holding elections. Co-optation of new members of the council can be carried out within two months of the activity of the newly elected council. Responsibility for conducting co-optation rests with the chairman of the council. Candidates may include:
members of the governing board,
parents,
workers and school students,
· Representative of the educational authority, local self-government.
All proposals for co-optation are made in writing to the board, together with the candidate's application for consent to be included on the school governing board. Members of the council, introduced into its composition by co-optation, are called "co-opted". The number of co-opted public administrators should not be large, for example, it should not exceed one quarter of payroll advice.
An important circumstance for the consideration of candidates is the absence of restrictions on the social, pedagogical activities of the candidate in this educational institution. Selecting a candidate for school administrators through co-optation is a responsible matter.
As a rule, these should be interested people who have professional significance and interest in the development of the school - lawyers, economists, media representatives, public organizations, businessmen, specialists, that is, everyone who can somehow influence their knowledge, resources, actions to improve life at school.
This is the order of co-optation. Lists of persons proposed for co-optation are considered at a meeting of the council. Those who have passed approval are approved by candidates for school administrators by open or secret ballot at a meeting of the council by a simple majority of the votes cast for the candidate. The minutes of the voting results, together with the minutes of the meeting of the council, are sent to the relevant educational authorities for issuing an order on the introduction of co-opted school managers into the governing council.
Is it possible to involve the school secretary as the secretary of the governing board? Does it need to be co-opted for this?
The Secretary of the Governing Council is not in without fail council member, so you may well involve the secretary of the school without co-opting.
What is the procedure for the formation of a new composition of the governing board after the expiration of the term of office of its previous composition?
The algorithm of actions in this situation is as follows.
1. Decision of the governing board ( general meeting or conference) on the expiration of powers and on the appointment of the terms and procedure for the formation of a new composition of the governing council, the personal appointment of the election commission.
2. Conducting elections scheduled by the election commission in accordance with the procedure established by the charter, the regulation on the governing council (on the formation of the council, elections and co-optation), by the decision of the council (or general meeting, conference, see clause 1).
3. The decision of the election commission (drawn up in the minutes of its meeting) on the results of the elections and the establishment of the list of elected representatives of employees, students and parents (legal representatives).
4. Consideration by the founder of the protocol of the election commission, verification of compliance with the prescribed procedure for elections - at the discretion of the founder.
5. An order (instruction) of the founder on the recognition of the results of the elections to the council, on the registration of elected members of the council in the unified municipal register of public school managers, on the appointment of a representative to the council, on the inclusion of the school director ex officio.
6. The decision of the first meeting of the council (opened by the representative of the founder) on the co-optation of representatives of the out-of-school community, on the election of the chairman of the council, the secretary, and, if necessary, the deputy chairman.
7. An order (instruction) of the founder (based on the minutes of the first meeting of the council of the new composition) on the formation of a new council in full force at the school, on the registration of co-opted members in the unified municipal register of public school managers.
In what cases can a member of the Governing Council be removed from membership?
A member of the council may be removed from its composition by decision of the council in case of missing more than two meetings in a row without a good reason.
Also, a member of the council is removed from its composition in the following cases:
· At his request, expressed in writing;
· When the representative of the founder is recalled;
· Upon dismissal from work of the head of a general education institution or dismissal of an employee of a general education institution elected as a member of the council;
· In connection with the graduation from a general education institution or the expulsion (transfer) of a student representing the level of secondary (complete) general education in the student council;
In case of committing an immoral offense incompatible with the performance of educational functions, as well as for the use of actions related to physical and (or) mental violence against the personality of students;
· In case of committing illegal actions incompatible with membership in the board of a general education institution;
· If the following circumstances are identified that prevent participation in the work of the council: deprivation of parental rights, a court ban to engage in pedagogical and other activities related to working with children, recognition by a court decision as incompetent, the presence of an unexpunged or outstanding criminal record.
