In accordance with Part 2 of Art. 25 federal law dated December 29, 2012 No. 273-FZ “On education in Russian Federation"(hereinafter referred to as the Federal Law "On Education in the Russian Federation") in the charter educational organization along with the information provided by the legislation of the Russian Federation, should contain the following information:
- type of educational organization;
- founder or founders of an educational organization;
- types of implemented educational programs with an indication and (or) direction;
- structure and competence, the procedure for their formation and terms of office.
Part 5 Art. 26 of the Federal Law "On Education in the Russian Federation" supplements these requirements: when indicating information about the governing bodies, "and speaking on behalf of the educational organization" must also be indicated.
Besides, charter educational organization should be common to all non-profit organizations requirements provided for by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations” (hereinafter - Law No. 7-FZ). These requirements only partially coincide with the norms of the Federal Law "On Education in the Russian Federation" and significantly go beyond them.
So, according to Art. 14 Law No. 7-FZ the constituent documents of a non-profit organization must define:
- the name of the non-profit organization, containing an indication of the nature of its activities and legal form;
- location;
- activity management procedure;
- the subject and goals of the activity;
- information about branches and representative offices;
- procedure for making changes to founding documents, i.e. in the charter;
- the procedure for the use of property in the event of liquidation;
- other provisions provided for by Law No. 7-FZ and other federal laws.
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Example Law No. 7-FZ provides for the inclusion in the text of the charter of an indication of the type of state (municipal) institution established by civil law (budgetary, autonomous, state). For budgetary and state institutions Art. 14 of Law No. 7-FZ establishes that the charter must contain an exhaustive list of the types of activities that a budget or government institution is entitled to carry out in accordance with the goals for which it was created. A similar requirement is for autonomous institutions Federal Law No. 174-FZ of November 3, 2006 "On Autonomous Institutions" (hereinafter - Law No. 174-FZ). This law also additionally establishes the need for mandatory indication in the name of the autonomous institution of the owner of the property (federal, state or municipal). The type of institution (“autonomous”) can be indicated both in the text and in the name (at the discretion of the developers). |
An analysis of the above provisions of federal legislation allows us to conclude that in the statutes educational organizations it is no longer necessary to prescribe the characteristics of the educational process. According to Art. 30 of the Federal Law "On Education in the Russian Federation", an educational organization has the right to adopt local regulations in the manner prescribed by its charter. Consequently, the detailed regulation of the educational process will be carried out not in the charter, but through the adoption of local regulations.
Regulations on the charter of an educational organization: approval procedure
The legislation establishes new order approval of the charter of the educational organization. If earlier the Law of the Russian Federation of 10.07.1992 No. 3266-1 “On Education” provided for the adoption of the charter by the meeting of the collective of the institution with subsequent approval by the founder, then from September 1, 2013 the charter is approved in accordance with Law No. 7-FZ - by the founder without prior adoption by the collegiate bodies ( paragraph 1, article 14).
In accordance with paragraph 1.1 of Art. 14 of this law, the procedure for approving the charter of an institution is established:
- the Government of the Russian Federation - in relation to federal budgetary or state institutions;
- higher executive body state power a constituent entity of the Russian Federation - in relation to budgetary or state-owned institutions of a constituent entity of the Russian Federation;
- local administration municipality- in relation to municipal budgetary or state institutions.
The procedure for approving the charter of an autonomous institution is regulated by Art. 7 of Law No. 174-FZ.
Approval of the charter of an educational organization, taking into account the requirements for the name of the educational organization
According to the Federal Law "On Education in the Russian Federation", the authorized name of an educational organization must contain:
- an indication of the legal form (for example, "institution");
- an indication of the nature of the activity (for example, "educational");
- type, determined by the most implemented educational program high level(for example, "general education");
- only for autonomous institutions - an indication of the owner of the property, for example, "federal", "state" or "municipal".
It should be noted that type indication educational organization ("preschool educational organization", " educational organization”, “professional educational organization” and “educational organization higher education») at the same time indicates the nature of the activity. Therefore, in the name it is not required to repeat the terms “educational” or “educational institution general education school”, etc. However, such duplication will not be a violation of the law.
In practice, it has become a tradition to indicate the owner in the name of the educational organization: municipal, state or federal institution. Such an indication is not against the law, although it is not required, with the exception of autonomous institutions.
In this way, make name changes preschool and general educational institutions almost no need, as they fully comply with the Federal Law "On Education in the Russian Federation". The adjective “professional” will be excluded from the names of universities, the words “higher education” will remain. Name "educational institution of secondary vocational education” should be changed to “professional educational institution” or “professional educational non-profit partnership”, etc. In this case, the words “secondary” and “primary” are excluded from the name.
04.09.08 //11:10 Yuri Anatolyevich
The charter of an educational institution is an official regulatory local document based on legislation, adopted in in due course competent authority(by the founder or a person authorized by him) and regulating relations within a particular organization. The function of a local act is to detail, specify, supplement, supplement the general legal norm in relation to the conditions of an educational institution, taking into account the existing features, the specifics of the educational and educational process.
The charters of educational institutions transform the right to education, enshrined in the Law of the Russian Federation "On Education", into specific individual rights, providing for appropriate guarantees and the procedure for their implementation. Charters in a concentrated form regulate the powers of participants in relations in the field of education.
The function of this legal act has a dual role, indicated in the Law of the Russian Federation "On Education". On the one hand, he is legal framework on the basis of which the activities of the educational institution are carried out. In accordance with the Law of the Russian Federation "On Education", this institution is currently recognized as a legal entity. The charter regulates its goals and objectives, organizational structure, form of management, economic and economic aspects of activities, etc. On the other hand, the charter is the main normative act regulating legal status participants in the educational process and, first of all, students.
Answered the question: Feklin Sergey Ivanovich, lawyer-expert of the Federal operator for the implementation of PNPO; Deputy Director of the Center for Regulatory Legal Support of the Federal State Educational Institution of the Agroindustrial Complex and PPRO
Article 13
1. In the charter of an educational institution in without fail are indicated:
1) name, location (legal, actual address), status of the educational institution;
2) founder;
3) organizational and legal form of the educational institution;
4) goals of the educational process, types and types of educational programs being implemented;
5) the main characteristics of the organization of the educational process, including:
a) the language(s) in which education and upbringing are conducted;
b) rules for the admission of students, pupils;
c) the duration of training at each stage of training;
d) the procedure and grounds for the expulsion of students, pupils;
e) assessment system for intermediate certification, forms and procedure for its implementation;
f) the mode of employment of students, pupils;
g) availability of paid educational services and the procedure for their provision (on a contractual basis);
h) the procedure for regulating and formalizing relations between an educational institution and students, pupils and (or) their parents (legal representatives);
6) the structure of the financial and economic activity educational institution, including:
a) use of property assigned to an educational institution;
b) financial and logistical support for the activities of an educational institution;
c) has expired. - Federal Law of August 22, 2004 N 122-FZ;
d) the implementation of income-generating activities (for state and municipal institutions - in cases that do not contradict federal laws);
e) a ban on transactions, the possible consequences of which are the alienation or encumbrance of property assigned to an educational institution, or property acquired at the expense of funds allocated to this institution by the owner of the educational institution, except in cases where such transactions are permitted by federal laws; f) the procedure for disposing of property acquired by the institution at the expense of income received from income-generating activities; g) opening accounts with a territorial body of the Federal Treasury, a financial body of a constituent entity of the Russian Federation (municipal formation) (with the exception of non-state educational institutions and autonomous institutions);
7) the procedure for managing an educational institution, including:
a) the competence of the founder;
b) the structure, procedure for the formation of management bodies of an educational institution, their competence and the procedure for organizing activities;
c) the procedure for recruiting employees of an educational institution and the conditions for remuneration for their work;
d) the procedure for changing the charter of an educational institution;
e) the procedure for reorganization and liquidation of an educational institution;
8) rights and obligations of participants in the educational process;
9) a list of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.
2. The charter of a civil educational institution, to the extent not regulated by the legislation of the Russian Federation, is developed and adopted by the educational institution and approved by its founder. The procedure for approving the charter of a federal state educational institution is established by the federal executive body authorized by the Government of the Russian Federation, a state educational institution under the jurisdiction of a constituent entity of the Russian Federation - by an executive authority of a constituent entity of the Russian Federation, a municipal educational institution - by a local self-government body.
3. If it is necessary to regulate the aspects of the activities of an educational institution specified in this article by other local acts, the latter are subject to registration as additions to the charter of the educational institution.
4. Local acts of an educational institution cannot contradict its charter.
Article 27
1. An educational organization operates on the basis of a charter developed and approved in accordance with the legislation of the Russian Federation, this Federal Law and other regulatory legal acts regulating relations in the field of education. Changes that are made to it are accepted general meeting(conference) of employees and representatives of students and are approved by the federal executive body in charge of the relevant educational institution.
3. The charter of an educational organization must contain, in addition to those provided for by the civil legislation of the Russian Federation, the following information:
2) the founder (founders) of the educational organization;
3) types of main activities (educational and other activities related to the provision of education) of an educational organization;
4) ongoing educational programs indicating their level and focus;
5) the language or languages in which education and upbringing are conducted;
6) the main characteristics of the organization of the educational process, including:
a) rules for the admission of students;
b) the mode of study of students;
c) forms and procedure for organizing intermediate certification;
d) the procedure and grounds for the transfer, expulsion and reinstatement of students;
e) the procedure for regulating and formalizing the emergence of relations between the educational organization and students and (or) their parents (legal representatives);
7) rights and obligations of participants in educational relations;
8) other information, the inclusion of which in the charter of the educational organization is provided for by federal laws, other federal regulatory legal acts, as well as laws and other regulatory legal acts of the relevant subject of the Russian Federation.
The charter of an educational organization may contain other provisions that do not contradict the law. The charter of a professional educational organization and an educational organization of higher education (changes in the charter and additions to it) is adopted by a general meeting (conference) of teachers, researchers, as well as representatives of other categories of workers and students of this organization. In an educational organization, conditions must be created for all employees and students to familiarize themselves with its charter, proposals for amending it and for a free discussion of these proposals.
MODEL REGULATIONS ON GENERAL EDUCATIONAL INSTITUTION
1. This provision is typical for the following types of educational institutions: primary, basic, secondary general education schools, including in-depth study of individual subjects, lyceums and gymnasiums.
On the basis of this Model Provision, model provisions are being developed on the relevant types of state, municipal educational institutions.
On the basis of this Model Regulation and the Model Regulation on the relevant type of state, municipal educational institution, the general educational institution develops its charter. For non-state general educational institutions, the Model Provision performs the function of an exemplary one.
2. A state, municipal general educational institution (hereinafter referred to as a general educational institution) implements general educational programs of primary general, basic general, secondary (complete) general education.
A general education institution is the main link in the system of continuous education and provides all citizens of the Russian Federation with the opportunity to exercise the state-guaranteed right to receive free general education within the limits of state educational standards.
3. The activity of a general educational institution is based on the principles of democracy and humanism, general accessibility, the priority of universal human values, human life and health, citizenship, free development of the individual, autonomy and the secular nature of education.
4. In its activities, a general education institution is guided by the legislation of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, decisions of the relevant education management body, this Model Regulation.
5. The main goals of a general educational institution are the formation of a common culture of the personality of students on the basis of mastering the mandatory minimum of the content of general educational programs, their adaptation to life in society, creating the basis for a conscious choice and subsequent development of professional educational programs, education of citizenship, diligence, respect for rights and freedoms human, love for nature, Motherland, family.
6. A general educational institution carries out training and education in the interests of the individual, society, the state, ensures health protection and the creation of favorable conditions for the versatile development of the individual, including the possibility of meeting the student's need for self-education and obtaining additional education.
7. In a general educational institution, the creation and operation of organizational structures of political parties, socio-political and religious movements and organizations (associations) are not allowed.
8. A general education institution, in accordance with the procedure established by the legislation of the Russian Federation, is responsible for the quality of general education and its compliance with state educational standards, for the adequacy of the applied forms, methods and means of organizing the educational process to the age-related psychophysiological characteristics, inclinations, abilities, interests, requirements for protecting the life and health of students .
9. In order to ensure the availability and variability of general education, the creation of an educational infrastructure that provides favorable conditions for the training, education and development of citizens in accordance with their inclinations, abilities, interests and health status, various types of general educational institutions can be created, the activities of which are regulated by the relevant model provisions.
General educational institutions various kinds are created depending on specific tasks, requirements for the content of education, features of the educational process, mode of operation and conditions of budget financing.
10. Taking into account the needs and capabilities of the individual, general education programs are mastered in the following forms: full-time, part-time (evening), part-time; in the form of family education, self-education, external studies.
Combination allowed various forms receiving education in a general educational institution -
The conditions and procedure for mastering general education programs in the form of family education, self-education, external studies or a combination of various forms are established by the founder and (or) the charter of the general education institution and are carried out on the terms of an agreement between the general education institution and the parents (legal representatives) of students.
For all forms of education within the framework of a specific basic general education program, the state educational standard applies
model provisions about educational institutions
Order of the Ministry of Education and Science of the Russian Federation of February 15, 2010 No. 117 "On Approval of the Model Regulations on the Cadet School and the Cadet Boarding School"
Decree of the Government of the Russian Federation of January 31, 2009 No. 82 "On approval of the Model Regulations on a military educational institution of higher professional education"
Decree of the Government of the Russian Federation of September 12, 2008 No. 666 "On approval of the Model Regulations on a preschool educational institution"
Decree of the Government of the Russian Federation of July 18, 2008 No. 543 "On approval of the Model Regulation on an educational institution of secondary vocational education (secondary specialized educational institution)"
Decree of the Government of the Russian Federation of July 14, 2008 No. 521 "On approval of the Model Regulation on an educational institution of primary vocational education"
Decree of the Government of the Russian Federation of February 14, 2008 No. 71 "On approval of the Model Regulations on an educational institution of higher professional education (higher educational institution)"
Decree of the Government of the Russian Federation of March 19, 2001 No. 196 (as amended on March 10, 2009) "On approval of the Model Regulation on a general education institution"
Order of the Ministry of Education of the Russian Federation dated July 25, 2000 No. 2311 "On Approval of the Model Regulations on Branches of State Educational Institutions of Secondary Vocational Education" (Registered in the Ministry of Justice of the Russian Federation on August 09, 2000 No. 2343)
Decree of the Government of the Russian Federation of December 30, 1999 No. 1437 (as amended on March 10, 2009) "On Approval of the Model Regulations on the Interschool Educational Complex"
Decree of the Government of the Russian Federation of September 05, 1998 No. 1046 (as amended on March 10, 2009) "On Approval of the Model Regulations on a General Education Boarding School with Initial Flight Training"
Decree of the Government of the Russian Federation of July 31, 1998 No. 867 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for children in need of psychological, pedagogical and medical and social assistance"
Decree of the Government of the Russian Federation of September 19, 1997 No. 1204 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for children of preschool and younger school age"
Decree of the Government of the Russian Federation of August 28, 1997 No. 1117 (as amended on March 10, 2009) "On approval of the Model Regulations on a health-improving educational institution of a sanatorium type for children in need of long-term treatment, and amendments to the Model Regulations on a general education boarding school and Model Regulations on an educational institution for orphans and children left without parental care"
Decree of the Government of the Russian Federation of March 12, 1997 No. 288 (as amended on March 10, 2009) "On approval of the Model Regulation on a special (correctional) educational institution for students, pupils with disabilities"
Decree of the Government of the Russian Federation of July 01, 1995 No. 676 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for orphans and children left without parental care"
Decree of the Government of the Russian Federation of June 26, 1995 No. 612 "On approval of the model regulation on a general education boarding school"
Decree of the Government of the Russian Federation of June 26, 1995 No. 610 (as amended on March 31, 2003) "On approval of the Model Regulations on the educational institution of additional professional education (advanced training) of specialists"
Decree of the Government of the Russian Federation of April 25, 1995 No. 420 "On approval of the model regulation on a special educational institution for children and adolescents with deviant behavior"
Decree of the Government of the Russian Federation of March 07, 1995 No. 233 (as amended on March 10, 2009) "On approval of the Model Regulations on the educational institution of additional education for children"
Decree of the Government of the Russian Federation of November 3, 1994 No. 1237 (as amended on August 18, 2008) "On approval of the Model Regulations on the evening (shift) general education institution"
Order of the Ministry of Education and Science of the Russian Federation of February 15, 2010 No. No. 117 "On Approval of the Model Regulations on the Cadet School and the Cadet Boarding School"
Order of the Ministry of Education and Science of the Russian Federation of December 01, 2005 No. 297 "On approval of the Model Regulations on branches of federal state educational institutions of higher professional education (higher educational institutions)" (Registered in the Ministry of Justice of the Russian Federation on December 16, 2005 No. 7273)
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Approximate form
Approved
(name and details of the legal act of the founder)
Charter of the educational organization
"_____________________________________"
G.________________ | "__" ____________ ____ G. |
1. General Provisions
1. General Provisions
1.1. Educational organization " (name of the organization containing an indication of the nature of its activities)", hereinafter referred to as the Educational Organization, was established (name of founder) for the purpose of providing educational services to the population.
1.2. The educational organization is a non-profit organization that is not endowed with the right of ownership of the property assigned to it, created in accordance with,,, and operates in accordance with the legislation of the Russian Federation, regulatory legal acts of the relevant subject of the Russian Federation, municipal legal acts of the municipality ________________ and this Charter .
1.3. Full name of the Educational organization in Russian: ________________.
Short name: ________________.
Organizational and legal form - ________________.
Type of institution (for an educational organization established in the form of a state or municipal institution) -________________.
Type of educational organization - ________________.
1.4. Location of the educational organization - (legal address and actual locations of educational activities).
1.5. The founder and owner of the property of the Educational Organization is ____________________.
The functions and powers of the founder are carried out by (name of the body authorized by the founder), hereinafter referred to as the Founder.
1.6. An educational organization is a legal entity, has separate property in operational management and is liable for its obligations with this property, has an independent balance sheet, account, seal and stamp with its own full name, forms and other details, may acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.
The rights of a legal entity at the Educational Organization in terms of conducting financial and economic activities provided for by this Charter and aimed at preparing the educational process arise from the moment state registration educational organization.
1.7. The right to conduct educational activities arises from the Educational Organization from the moment it is issued a license (permit).
1.8. An educational organization has the right to create branches and open representative offices.
Branches and representative offices operate on behalf of the Educational Organization that created them. An educational organization is responsible for the activities of its branches and representative offices.
2. Subject, types, goals and objectives of the educational organization
2.1. An educational organization carries out its activities in the field of education in accordance with the subject and objectives of the activity determined by (name and details of normative legal acts) and this statute.
2.2. The main purpose of the activity of the Educational organization is the implementation of educational activities for (types of implemented educational programs indicating the level of education and (or) focus).
2.3. The objectives of the activities of the Educational Organization are also:
- formation of a common culture of the personality of students;
- creation of favorable conditions for the versatile development of the individual;
- development of physical, intellectual, moral, aesthetic and personal qualities;
- adaptation of students to life in society;
- education of citizenship, diligence, respect for human rights and freedoms, love for the environment, Motherland, family;
- implementation of training and education in the interests of the individual, society, state;
- health protection and social protection students and employees of the Educational Organization;
- formation of abilities for self-development;
- the formation of students' desire for research search through various disciplines;
- ____________________.
2.4. The main objectives of the activities of the Educational organization are:
- implementation of federal state educational standards;
- observance of the principles of the state educational policy;
- the humanistic nature of education, the priority of universal human values, human life and health, the free development of the individual;
- protection of national cultures, regional cultural traditions;
- public accessibility of education;
- adaptation of the education system to the levels and characteristics of the development and training of students;
- the secular nature of education;
- ensuring the content of education adequate to the world level of general and professional culture society;
- strengthening the variability and personal orientation of education;
- implementation of a personal education plan through choice curricula compiled at the request of students (their legal representatives);
- developmental orientation and age appropriateness of education;
- integration of personality into national and world culture;
- the formation of a person and a citizen aimed at improving modern society;
- providing for students in-depth study of individual subjects, in-depth study subject areas relevant educational program (professional education);
- development of educational and research activities of students;
- ensuring health protection and creating favorable conditions for the versatile development of the individual;
- formation of spiritual and moral personality;
- ____________________.
2.5. To achieve the goals and main tasks, the educational organization carries out the main activities - educational activities through the implementation (types of educational programs) declared in the license for educational activities.
2.6. Educational organization:
- carries out educational activities at the expense of budget allocations from the federal budget, the budget of the corresponding subject of the Russian Federation, the budget of the municipality;
- have the right to carry out educational activities that are not provided for by the established municipal task or agreement on the provision of a subsidy for reimbursement of costs, on the same conditions, when providing the same services. The specified educational activity is carried out under contracts for the provision of paid educational services.
Income from the provision of paid educational services is used by the Educational Organization in accordance with the statutory purposes.
Paid educational services cannot be provided instead of educational activities, the financial support of which is carried out at the expense of the budgetary allocations of the federal budget, the budget of the corresponding subject of the Russian Federation, the budget of the municipality.
The procedure for the provision of paid educational services by an educational organization is determined by the Regulations on the procedure for the provision of paid educational services.
The procedure for determining the fee for paid educational services implemented by the Educational Organization is established by it independently.
3. Competence, rights, duties and responsibilities of the Educational organization
3.1. An educational organization has autonomy, which means independence in the implementation of educational, scientific, administrative, financial and economic activities, the development and adoption of local regulations in accordance with the Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation", others regulatory legal acts of the Russian Federation and the charter of the educational organization.
3.2. An educational organization is free to determine the content of education, the choice of educational and methodological support, educational technologies for its educational programs.
3.3. The competence of the educational organization includes:
1) development and adoption of rules internal regulations students, internal labor regulations, other local regulations;
2) material and technical support of educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, federal state requirements, educational standards;
3) providing the Founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;
4) establishment of the staffing table;
5) hiring employees, concluding and terminating employment contracts with them, distribution official duties, creation of conditions and organization of additional professional education of employees;
6) development and approval of educational programs of the Educational organization;
7) development and approval in agreement with the Founder of the development program of the Educational Organization;
8) admission of students to the Educational Organization;
9) determination of the list of textbooks in accordance with the approved federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education by organizations engaged in educational activities, as well as teaching aids approved for use in the implementation of these educational programs by such organizations;
10) the implementation of ongoing monitoring of progress and intermediate certification of students, the establishment of their forms, frequency and procedure for conducting;
11) encouragement of students in accordance with the types and conditions of encouragement established by the Educational Organization for success in educational, physical culture, sports, social, scientific, scientific and technical, creative, experimental and innovative activities;
12) individual accounting of the results of mastering educational programs by students and encouragement of students, as well as storage in archives of information about these results and encouragement on paper and (or) electronic media;
13) use and improvement of teaching and upbringing methods, educational technologies, e-learning;
14) conducting self-examination, ensuring the functioning of the internal system for assessing the quality of education;
15) creation necessary conditions for the protection and promotion of health, catering for students and employees of an educational organization;
16) organization of socio-psychological testing of students for the purpose of early detection of illegal consumption of narcotic drugs and psychotropic substances in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education;
17) creating conditions for students to study physical culture and sports;
18) acquisition or production of forms of documents on education and (or) qualifications, medals "For special achievements in teaching";
19) promotion of activities public associations students, parents (legal representatives) of underage students, carried out in an educational organization and not prohibited by the legislation of the Russian Federation;
20) organization of scientific and methodological work, including organization and holding of scientific and methodological conferences, seminars;
21) ensuring the creation and maintenance of the official website of the Educational organization on the Internet;
22) other issues in accordance with the legislation of the Russian Federation.
3.4. An educational organization is obliged to carry out its activities in accordance with the legislation on education, including:
1) ensure the full implementation of educational programs, compliance of the quality of training of students with the established requirements, compliance of the applied forms, means, methods of training and education with age, psychophysical characteristics, inclinations, abilities, interests and needs of students;
2) create safe conditions training, education of students, supervision and care of students, their content in accordance with established standards that ensure the life and health of students, employees of the Educational Organization;
3) respect the rights and freedoms of students, parents (legal representatives) of underage students, employees of the Educational Organization.
3.5. An educational organization is liable in accordance with the procedure established by the legislation of the Russian Federation for failure to perform or improper performance of the functions within its competence, for the implementation of incomplete educational programs in accordance with curriculum, the quality of education of its graduates, as well as for the life and health of students, employees of an educational organization. For violation or illegal restriction of the right to education and the rights and freedoms of students, parents (legal representatives) of minor students, violation of the requirements for the organization and implementation of educational activities provided for by the legislation on education, the educational organization and its officials bear administrative responsibility in accordance with the Code of the Russian Federation on administrative offenses.
4. Information openness of the educational organization
4.1. An educational organization forms open and public informational resources, containing information about their activities, and provides access to such resources by posting them in information and telecommunication networks, including on the official website of the Educational Organization on the Internet.
4.2. The educational organization ensures openness and accessibility:
4.2.1. Information:
a) the date of establishment of the Educational Organization, the Founder, the location of the Educational Organization, mode, work schedule, contact numbers and e-mail addresses;
b) on the structure and management bodies of the Educational Organization;
c) on ongoing educational programs indicating the subjects, courses, disciplines (modules), practices provided for by the relevant educational program;
d) on the number of students in the educational programs being implemented at the expense of the budgetary allocations of the federal budget, the budget of the corresponding subject of the Russian Federation, the budget of the municipality and under education agreements at the expense of individuals and (or) legal entities;
e) languages of education;
f) on federal state educational standards, on educational standards (if any);
g) about the head of the Educational organization, his deputies;
h) on the personal composition of teaching staff, indicating the level of education, qualifications and work experience;
i) on the material and technical support of educational activities (including the availability of equipped classrooms, facilities for conducting practical classes, libraries, sports facilities, training and education facilities, nutrition and health conditions for students, access to information systems and information and telecommunication networks, on electronic educational resources to which students are provided with access);
j) about the quantity vacancies for admission (transfer) for each educational program;
k) on the availability and conditions for providing students with measures of social support;
l) on the volume of educational activities, the financial support of which is carried out at the expense of the budgetary allocations of the federal budget, the budget of the corresponding subject of the Russian Federation, the budget of the municipality, under agreements on education at the expense of individuals and (or) legal entities;
m) on the receipt of financial and material resources and on their expenditure at the end of the financial year;
o) employment of graduates.
4.2.2. Copies:
a) the Charter of the Educational Organization;
b) licenses for educational activities (with attachments);
c) certificates of state accreditation (with attachments);
d) the plan of financial and economic activities of the Educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation;
e) local regulations on the main issues of organization and implementation of educational activities, internal regulations for students, internal labor regulations, collective agreement.
4.2.3. Report on the results of self-examination.
4.2.4. A document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of education for each educational program.
4.2.5. Orders of bodies exercising state control (supervision) in the field of education, reports on the implementation of such orders.
4.2.6. Other information that is posted is published by the decision of the Educational Organization and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.
4.3. The educational organization updates the information specified in clause 4.2 of this Charter within ten working days from the date of their creation, receipt or introduction of appropriate changes to them.
When posting information on the official website and updating it, the Educational Organization ensures compliance with the requirements of the legislation of the Russian Federation on personal data.
The procedure for posting on the Internet and updating information about the Educational Organization, including the content and form of its provision, is established by the Government of the Russian Federation.
5. Property and financial support of the Educational organization
5.1. All property of the Educational Organization is the property of ________________, is reflected in an independent balance sheet and is assigned to it by right operational management decision of the Owner.
The owner of the property of the Educational organization is: ________________.
5.2. An educational organization owns, uses property assigned to it on the basis of the right of operational management within the limits established by law, in accordance with the objectives of its activities, the purpose of this property, and, unless otherwise provided by law, disposes of this property.
5.3. The educational organization is responsible to the Owner for the safety and effective use property attached to it.
5.4. The property owner has the right to withdraw excess, unused or misused property assigned to the Educational Organization or acquired by the Educational Organization at the expense of the funds allocated to it by the Owner for the acquisition of this property.
5.5. An educational organization has the right to carry out income-generating activities in accordance with this Charter.
5.6. Sources of formation of property and financial resources Educational organizations are: (own funds of the Educational Organization, property transferred to the Educational Organization by the Founder, income from entrepreneurial and other income-generating activities, etc.).
6. Management of the Educational organization
6.1. Management of the Educational organization is carried out on the basis of a combination of the principles of unity of command and collegiality.
6.2. The sole executive body of the Educational Organization is its Head (Rector, Director, Head, Head or other head), whose competence includes the implementation of the current management of its activities, including:
- organization of the implementation in accordance with the requirements of regulatory legal acts of the educational activities of the Educational Organization;
- organization of ensuring the rights of participants in the educational process;
- approval of internal documents;
- organization and control of the work of the administrative and managerial apparatus;
- establishment of the staffing table;
- recruitment of teaching staff, the conclusion and termination of employment contracts with them, the distribution of job responsibilities;
- representing the interests of the Educational Organization and making transactions in the manner prescribed by civil law;
- the right to dispose of the property and funds of the Educational Organization within the limits established by law;
- approval of work schedules and class schedules;
- monitoring and analysis of the educational process, the results of the activities of the staff of the Educational Organization for the implementation of statutory goals;
- resolving other issues that do not constitute the exclusive competence of other management bodies, as defined by Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations", other federal laws, this Charter.
6.3. The appointment and dismissal of the Head of the Educational Organization is carried out by the Founder in the manner prescribed by the current legislation of the Russian Federation.
6.4. Term of office of the Head of the Educational Organization: ________________.
6.5. Collegial governing bodies are formed in the Educational organization - (general meeting (conference) of employees ( labor collective) educational organization, pedagogical council, board of trustees, governing council, supervisory board and other collegial governing bodies).
These bodies carry out their activities in accordance with the legislation on education, this Charter and the regulations on them, approved by ________________.
6.6. The labor collective consists of all employees of the Educational Organization.
The general meeting of the labor collective of the Educational organization is convened as needed, but at least once a year (month, quarter, half a year). Decisions of the General Meeting of the labor collective of the Educational organization are taken by open vote and are valid if at least two-thirds of the members were present at its meeting and a simple majority of those present voted for them. Decisions of the General Meeting of the labor collective of the Educational Organization are binding on all employees of the Educational Organization, implemented by orders of the Head of the Educational Organization within its competence. Decisions made are drawn up by a protocol, which is signed by the chairman and the secretary.
6.7. The competence of the General Meeting of the labor collective of the Educational organization includes:
- adoption in the prescribed manner of the collective agreement;
- adoption of internal regulations;
- approval and implementation of measures to improve the efficiency and quality of labor;
- implementation of measures to ensure the implementation of the collective agreement;
- status discussion labor discipline and implementation of measures to strengthen it;
- participation in the adoption of local acts concerning labor activity employees of an educational organization in the manner prescribed by the labor legislation of the Russian Federation, this Charter;
- ________________.
6.8. The Pedagogical Council of the Educational Organization is a permanent collegial body of self-government of pedagogical workers to consider the main issues of the educational process. The Pedagogical Council includes all the teaching staff of the Educational Organization.
6.9. The competence of the Pedagogical Council of the Educational Organization includes:
- implementation of state policy on education;
- determination of long-term and current tasks of the staff of the Educational organization;
- analysis and diagnostics of the state of the educational system in the educational organization;
- discussion of the content of the curriculum;
- determination of the content of work to improve professional level teaching staff;
- discussion and decision-making on any issues related to the content of education.
6.10. Meetings of the Pedagogical Council are held in accordance with the work plan of the Educational Organization, but at least ________________ times during the academic year. Decisions of the Pedagogical Council are taken by a simple majority of votes in the presence of at least 2/3 of its members at the meeting.
6.11. In order to take into account the opinions of parents (legal representatives) of minor students on the management of an educational organization and when an educational organization adopts local regulations affecting the rights and legitimate interests of minor students, at the initiative of the parents (legal representatives) of minor students, a Parents Council is created in the Educational organization, activities which is regulated by this Charter / Regulations on the Parent Council.
The Parent Council consists of representatives of class parent committees. Representatives to the committee are elected annually at class meetings. parent meetings at the beginning of the school year.
6.12. The founder of the Educational Organization supervises its activities, the adoption of decisions by management bodies and ensuring their execution, the use of funds of the Educational Organization, and the Educational Organization's compliance with the law.
7. Reorganization and liquidation of the educational organization
7.1. An educational organization may be reorganized in the manner prescribed by the Civil Code of the Russian Federation, Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" and other federal laws.
7.2. An educational organization may be liquidated on the basis and in the manner provided for by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations".
7.3. The property of the Educational Organization remaining after the satisfaction of creditors' claims is directed to the development of education in accordance with this Charter.
7.4. The liquidation of the Educational Organization is considered completed, and the Educational Organization - ceased to exist after entering information about its termination into a single State Register legal entities in the manner prescribed by the Law on State Registration of Legal Entities.
7.5. Liquidation or reorganization of the Educational organization is carried out, as a rule, at the end of the academic year on the basis and in the manner established by the current legislation of the Russian Federation.
In the event of reorganization, liquidation of the Educational Organization, the Founder ensures the transfer of students with the consent of their parents (legal representatives) to other educational organizations of the appropriate type.
8. The procedure for making changes and additions to the Charter of the Educational organization
8.1. The Charter, amendments and additions to the Charter are adopted by the general meeting of the labor collective of the Educational Organization after a preliminary discussion.
The Charter, amendments and additions to it are approved by the Founder.
8.2. Changes and additions to the Charter of the Educational Organization are subject to state registration.
8.3. State registration of changes and additions to the Charter of the Educational Organization is carried out in the manner prescribed by the current legislation of the Russian Federation.
8.4. Changes and additions made to the Charter of the Educational Organization become effective for third parties from the moment of state registration of the Charter.
Supervisor |
New requirements for the charter of an educational organization
On September 01, 2013, the Federal Law "On Education in the Russian Federation" dated December 29, 2012 N 273-FZ came into force. Before the entry into force of the Federal Law on Education, educational institutions, state authorities and local governments that manage education had a period of eight months to study this legal document andacceptancenecessarycomplexorganizationalmeasures aimed at ensuring an effective and competent transition to functioning in accordance with the new law.
The heads of educational institutions often have the following questions: “What are the requirements new law to the content of the charter of the educational organization?”, “Is it necessary to change the charter?”, “What new local regulations should appear in the educational institution?”, “Does the name of the educational institution change due to the replacement of the term “educational institution” with the term “educational institution ? and etc.
There are several articles in federal law No. 273-FZ that contain requirements for the content of the charter. The main article No. 273-FZ, dedicated to the charter of an educational organization, is article 25 "Charter of an educational organization."
According to Part 2 of Article 25 of the Federal Law№273-FZ"On Education in the Russian Federation", the charter of an educational organization should contain, along with the information provided for by the legislation of the Russian Federation, the following information:
1) type of educational organization;
2) the founder or founders of the educational organization;
3) types of implemented educational programs indicating the level of education and (or) focus;
4) the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.
Part 5 Art. 26, part 1 of article 30 and part 3 of article 52 of the Federal Law "On Education in the Russian Federation" supplement these requirements. In addition to the information required by Article 25№273-FZThe articles of association must also include the following information:
the procedure for making decisions by the governing bodies of the educational organization and speaking on behalf of the educational organization "(part 5 of article 26);
the procedure for the adoption of local regulations (part 1 of article 30);
rights, duties and responsibilities of employees of educational organizations holding positions of engineering, technical, administrative, production, educational and auxiliary, medical and other employees performing auxiliary functions (part 3 of article 52).
The requirement of Part 3 of Article 52 of the Federal LawNo. 273-FZ is necessaryset out in the articles of association as follows:The legal status (rights, duties and responsibilities) of the subsidiary (engineering, technical, administrative, industrial, educational and auxiliary, medical) personnel assigned in accordance with the Federal Law "On Education in the Russian Federation", Labor Code Russian Federation in the Internal Labor Regulations, job descriptions and in employment contracts with workers."
The new law, in contrast to the Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1, which has become invalid,does not require the following to the content of the charter of the educational organization, namely the availability of the following information:
The presence of the main characteristics of the organization of the educational process, including:
a) the language(s) in which education and upbringing are conducted;
b) rules for the admission of students, pupils;
c) the duration of training at each stage of training;
d) the procedure and grounds for the expulsion of students, pupils;
e) assessment system for intermediate certification, forms and procedure for its implementation;
f) the mode of employment of students, pupils;
h) the procedure for regulating and formalizing relations between an educational institution and students, pupils and (or) their parents(legal representatives) ;
Opening accounts with a territorial body of the Federal Treasury, a financial body of a constituent entity of the Russian Federation (municipal formation) (with the exception of non-state educational institutions and autonomous institutions);
The procedure for recruiting employees of an educational institution and the conditions for remuneration for their work;
The rights and obligations of participants in the educational process (with the exception of the rights and obligationsemployees of educational organizations holding positions specified inparts 1 article 52 of the new law);
List of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.
In this way,№273-FZmakes much less demands on the content of the charter of an educational organization than the Law of the Russian Federation “On Education” dated July 10, 1992 No. 3266-1, which has become invalid. Reducing the requirements for the content of the charter of an educational organization is a positive thing for the heads of educational organizations, since the smaller the content of the document, the less likely it is that its text will contain provisions that do not comply with the legislation of the Russian Federation in the field of education. An educational organization, of course, can optionally include in the text of the charter, for example, provisions regulating the rules for the admission of students or the procedure for recruiting employees of an educational organization, but most likely the inclusion of these provisions in the charter will only be to the detriment of the educational organization, since the legislation is regularly changed and supplemented . According to part 2 of article 30 of the new law,on the main issues of the organization and implementation of educational activities, including regulating the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for registering the occurrence, suspension and termination of relations between the educational organization and students and (or) parents(legal representatives) minors of their students, the educational organization adopts local regulations. Based on this rulefederal law№273-FZ(part 2 of article 30) main issues of organization and implementation of educational activitiesshould not be regulated in the charter , and in other local regulations of the educational organization. It is beneficial for the head of an educational organization to regulate the main characteristics of the organization of the educational process in local regulations, since if it is necessary to make changes, for example, to the mode of study of students, it will not be necessary to go through a complicated procedure for amending the charter of an educational organization, but it will be enough to make changes to the corresponding local regulatory Act.
Federal Law No. 273-FZis not the only normative act that should be followed when drafting the text of the charter. Since the educational organization is a non-profit organization, it is necessary to take into account the requirements of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations" for the content of the constituent documents of all non-profit organizations, as well as General requirements to the constituent documents of legal entities, presented by the Civil Code of the Russian Federation.
According to part 3 of article 14Federal Law No. 7-FZ of January 12, 1996, “On Non-Commercial Organizations”, the constituent documents of a non-commercial organization must define the name of the non-commercial organization, indicating the nature of its activities and legal form, the location of the non-commercial organization, the procedure for managing activities, the subject and goals of activities, information about branches and representative offices, rights and obligations of members, conditions and procedure for admission to membership in a non-profit organization and withdrawal from it (in the event that a non-profit organization has membership), sources of formation of property of a non-profit organization, procedure for amending the constituent documents of a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions provided for by the legislation of the Russian Federation.
Subject to the provisions№273-FZ, Federal Law of 12.01.1996 N 7-FZ "On Non-Commercial Organizations" and the Civil Code of the Russian Federation, the following version of the structure of the charter of an educational organization is proposed:
General provisions
Subject, goals and activities of the Institution
Financial support of the activities of the Institution and property
4. Organization of activities andManagement of the Institution
5. Reorganization and liquidation of the Institution
6. Local regulations of the Institution
7. The procedure for making changes, additions to the Charter of the Institution
In accordance with Part 5 of Article 108 of the Federal Law№273-FZ, the names and statutes of educational institutions shall be brought into line with the Federal Law "On Education in the Russian Federation" no later thanJanuary 1, 2016, thus, educational institutions have enough time to carefully study the legal requirements for the content of the main local document of an educational institution and develop a legally competent text of the charter.
Heads of educational institutions need to remember part 5 of article 108federal law№273-FZ, since it is possible that the regulatory authorities may not be aware of this rule, and may require educational institutions to bring their charters in accordance with the new law at other times. Note that no one can reduce the provisions of paragraph 5 of Article 108federal law№273-FZterm for educational institutions, including the founder. An educational organization has autonomy and independently decides when to bring the content of the charter in line with the new law, most importantly, no later than January 1, 2016.
Another issue of interest to the heads of educational institutions concerns changes in the name of the educational organization.the federal law№273-FZ replaced the term "educational institution" with the term "educational organization". In this regard, many leaders believe that in the name of their school it is necessary to replace the term "institution" with the term "organization".Recently issued letter from the Ministry of Education and Science of Russia dated 10.06.2013 "About the name of educationalinstitutions" (hereinafter referred to as the letter) explains this question. The letter notes that the concept of "educational organization" is used in the new law, due to the fact that educational organizations can be created not only in the form of an institution. In accordance with Part 5 of Article 23 of the Federal Law on Education, the name of an educational organization must contain an indication of itsorganizational and legal form and type of educational organization. According to Part 1 of Article 22 of the Federal Law on Education, an educational organization is created in the form established by civil law for non-profit organizations. The organizational and legal forms of non-profit organizations in which educational organizations can be established are established by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" (hereinafter referred to as the Law on Non-Profit Organizations). One of the organizational and legal forms of non-profit organizations is, among other things, an institution (public, budgetary, autonomous).
In view of the foregoing, Federal Law on Education does not provide for the inclusion in the name of an educational organization of the generic name of all legal entities - "organization", which implies that in the term "educational institution" the word "institution" should not be changed to the word "organization".
Consider the following name:Municipal budgetary educational institution "Secondary school No. 2". Mandatory in accordance with the new law, from this name are two words: "general educational" and "institution". The concept of "institution" is an organizational and legal form, and the concept of "general educational" indicates the type of educational organization. Other information, indication of the owner of the institution(municipal ), an indication of the type of institution(budget) etc., is not mandatory and is indicated in the name by the decision of the educational organization itself. The names of the majority of educational institutions in the Chechen Republic comply with the new law.
According to the same part 5 of article 108 of the Federal Law on Education, the names of educational institutions, as well as charters, are subject to harmonization with the said law no later thanJanuary 1, 2016.
Conclusions:
1. The main characteristics of the organization of the educational process, including the rules for the admission, transfer and expulsion of students, as well as the provisions governing the legal status of participants in the educational process, now do not need to be indicated in the charter;
2. The educational institution has until January 1, 2016 to bring its charter and name in line with the new law;
3. The term "institution" in the names of schools and other educational organizations does not change to the term "organization".
