At the end of 2006, the State Duma adopted theThe federal law on the establishment of a new organizational and legal form. This form was called "autonomous institution." Its formation is a requirement of the time and is connected with the implementation of reforms in the budget process. An autonomous institution is called upon to provide public services.
It should be noted that during the adoptionof this law was much expressed "for" and "against." But the established organizational and legal form has become in demand in many spheres of the country's life. For example, an autonomous educational institution is being formed to provide public services in the field of education. To clarify the legal capacity of the new organizational and legal forms, appropriate adjustments were made to the Budget, Civil Code, as well as to the relevant legislative acts.
Согласно общему понятию, учреждение представляет a non-profit organization. It is formed by the owner with the aim of implementing socio-cultural, managerial and other functions of a non-commercial nature. The Civil Code divides institutions into two groups: municipal or state and private.
Частные формируются гражданином либо юридическим face. The organizations of the second group are created on the basis of the implementation of local, state power or the authority of the subject of the Russian Federation. In turn, on the basis of the law, a municipal autonomous institution or a municipal budget organization may be formed. The same applies to state organizations.
Таким образом, автономное учреждение являет собой non-commercial organization, which is formed by the subject, the Russian Federation, local authorities for the performance of work and the provision of services in order to realize the powers of state authorities, social protection, culture, science and other spheres stipulated by law. This organization is recognized as a legal entity and can acquire, exercise personal non-property and property rights, perform duties, and act as a defendant and plaintiff in court on its own behalf.
An autonomous institution can be formed in two ways: by changing an existing organization or by forming a new one.
It should be noted that when the organization is formed in the first way, the law does not allow for the withdrawal or reduction of property (monetary funds included) assigned to it.
In accordance with the law, an autonomous institution is allowed one founder. They are recognized:
- Subject of the Russian Federation - in relation to the institution formed on the basis of property that is owned by the subject.
- The Russian Federation - in relation to the organization, which is formed on the property base owned by the Federation.
- Municipal formation - concerning the establishment created on the basis of the property concerning the municipal property.
Each such organization must have a charter. This document is approved by the founder. It must contain certain information. In particular, the document states:
- Name of company.In this case, the name must contain the words "autonomous institution". The name of the organization should contain information about the nature of its activities, as well as the owner of the property.
- The place where the institution is located.
- Information on the body that exercises the powers and functions of the founder.
- Objectives and subject of the organization.
- Competence, structure, order of formation of bodies of the institution, the order of activities and terms of their authority.
- Other information provided by law.
