What law determines the structure of the charter of an educational organization. Charter of the educational organization

CHARTER

educational institution

1. GENERAL PROVISIONS

1.1. Educational institution "____________________________________", (full name of the educational institution)

Hereinafter - "Educational Institution", created in accordance with Civil Code of the Russian Federation, the Law of the Russian Federation "On Education" dated July 10, 1992 N 3266-1 and ___________________________ for the purpose of ____________________________________. (date, number and title of other required documents)

1.2. The educational institution is a non-profit/commercial educational institution.

1.3. Full official name of the Educational Institution:

full name: ________ "__________________";

abbreviated name: _________ "__________________".

1.4. Location of the Educational Institution ____________________.

1.5. The founder of the Educational Institution is _______________, hereinafter referred to as the "Founder". The owner of the property assigned to the Educational Institution is ____________.

1.6. The educational institution is legal entity since state registration in accordance with the procedure established by the law on state registration of legal entities, has a separate property, an independent balance sheet, settlement, currency and other accounts in banking institutions, a round seal with its name and the name of the Founder, a stamp, forms, an emblem and other details approved in the prescribed manner , acquires property and non-property rights, may be a plaintiff and defendant in court, arbitration court and arbitration court.

1.7. An educational institution is liable for its obligations to the extent of the funds at its disposal. Subsidiary liability for the obligations of the Educational Institution is borne by the owner of the property assigned to the Educational Institution.

1.8. An educational institution may, on a voluntary basis, join unions, associations and other associations on territorial and other grounds, as well as international organizations.

1.9. An educational institution has the right to make both Russian Federation, and outside the state legal acts with institutions and enterprises of various forms of ownership and individuals.

2. GOALS AND OBJECTIVES OF THE EDUCATIONAL INSTITUTION

2.1. The main objectives of the Educational Institution are:

2.1.1. _____________________________________________________;

2.1.2. _____________________________________________________.

2.2. The main tasks of the Educational Institution are:

2.2.1. _____________________________________________________;

2.2.2. _____________________________________________________;

2.2.3. _____________________________________________________;

2.2.4. _____________________________________________________.

2.3. In order to achieve its statutory goals and fulfill its tasks, the Educational Institution has the right to provide paid additional educational services to the population, enterprises, institutions and organizations that are not provided for by the relevant educational programs and state standards. Additional services (paid) include:

2.3.1. _______________________________________________________________; (for example, in-depth study of the English language)

2.3.2. _________________________________________________________________. (in-depth study of information and communication technologies, etc.)

2.4. Paid Additional services cannot be provided as a substitute for the main activity of the Educational Institution.

2.5. When providing paid additional educational services An educational institution concludes an agreement in writing with a consumer of such services.

2.6. The income from the activities specified in clause 2.3 of this Charter is used by the Educational Institution in accordance with the statutory purposes.

3.1. Education at the Educational Institution is conducted in ___________ language__.

3.2. An educational institution carries out the educational process in the following order:

First stage ____________________________________________;

Second stage ____________________________________________;

Third stage ____________________________________________;

- ___________________________________________________________.

3.3. The objectives of the first stage of education are: ____________________.

3.4. The tasks of the second stage of education are: ____________________.

3.5. The tasks of the third stage of education are: ___________________.

3.6. __________________________________________________________________.

3.7. In addition to compulsory subjects, subjects may be introduced at the choice of the students themselves, aimed at the realization of interests, abilities and opportunities.

4. ORGANIZATION OF THE EDUCATIONAL PROCESS

4.1. Organization educational process in an educational institution is regulated by ____________________.

4.2. The Educational Institution uses a ___________ grading system.

4.3. The Educational Institution has the following system of intermediate assessment of students:

4.3.1. ___________________________________________________________;

4.3.2. ___________________________________________________________.

4.4. Intermediate certification of students is carried out in the following forms: _________________________.

4.5. The main form of education in the Educational Institution is the ___________ education system.

4.5.1. Taking into account the needs and possibilities of the student, educational programs are mastered in the following forms: ___________________________.

4.5.2. The decision on the application of the forms of education specified in clause 4.5.1 is made by ______ with the consent of the student's parents / legal representatives.

4.6. The number of classes in an Educational Institution is determined depending on the number of applications submitted by citizens and the conditions created for the implementation of the educational process, and taking into account sanitary standards and control standards established by the current legislation of the Russian Federation.

4.7. The occupancy of classes in an educational institution is set in the number of ______ students.

4.8. The academic year at the Educational Institution begins on "___" _____________. The duration of the academic year is: ____________.

4.9. The following mode of classes is established in the Educational Institution: _______________________________.

4.10. ______________________________________________________.

5. RIGHTS AND OBLIGATIONS OF PARTICIPANTS

EDUCATIONAL PROCESS

5.1. The main participants in the educational process at the Educational Institution are:

5.1.1. Teachers/tutors and other teaching staff (hereinafter referred to as "Teachers").

5.1.2. Learners.

5.1.3. ____________________________________________.

5.2. Teachers/teachers have the right to:

5.2.1. To receive a job stipulated by an employment agreement with an educational institution.

5.2.2. For wages in accordance with the established rates.

5.2.3. On the material and technical support of their professional activities.

5.2.4. Develop and make proposals for improving educational work.

5.2.5. ________________________________________________.

5.3. Teachers/educators are required to:

5.3.1. Comply with the requirements of this Charter, the regime of the Educational Institution, internal regulations, job description, orders of the administration of the educational institution.

5.3.2. Timely and correctly maintain the documentation on the educational process established by the Educational Institution.

5.3.3. _________________________________________________.

5.4. Students have the right:

5.4.1. The choice of educational institution and form of education.

5.4.2. To respect and protect their rights, honor and dignity, personal integrity, appeal to the administration of the Educational Institution.

5.4.3. To receive additional, including paid, educational services provided for by this Charter.

5.4.4. __________________________________________________.

5.5. Students are required to:

5.5.1. To comply with this Charter, the decisions of the governing bodies of the Educational Institution, the orders of the administration of the Educational Institution, if they do not contradict this Charter and the current legislation.

5.5.2. Comply with the internal regulations, safety, sanitation and hygiene rules established in the Educational Institution.

5.5.3. __________________________________________________.

5.6. ____________________________________________________.

6. PROPERTY AND FACILITIES OF THE EDUCATIONAL INSTITUTION

6.1. The founder, on the right of ___________, assigns to the Educational Institution for the purposes of its statutory activities the necessary movable and immovable property on the basis of an agreement and an act of acceptance and transfer.

6.2. An educational institution ____________ assigned to it by the right of __________ property within the limits established by the current legislation of the Russian Federation, in accordance with the purpose of the property and the statutory goals of the activity.

6.3. The educational institution is responsible to the owner for the safety and effective use property assigned to him.

6.4. An educational institution is liable for its obligations with the funds at its disposal. If the Educational Institution does not have these funds, the owner of the property assigned to the Educational Institution is liable for its obligations in the manner prescribed by the current legislation of the Russian Federation.

6.5. An educational institution independently carries out financial and economic activities, has an independent balance sheet and a personal account.

6.6. An educational institution has the right to conduct entrepreneurial and other income-generating activities provided for by this Charter.

6.6.1. The entrepreneurial activities of the Educational Institution include:

6.6.1.1. Provision of intermediary services.

6.6.1.2. Equity participation in the activities of other institutions (including educational ones) and organizations.

6.6.1.3. ____________________________________________.

6.6.2. The Founder and / or ________ has the right to suspend the business activities of the Educational Institution if it is to the detriment of educational activities provided for by this Charter, until __________.

6.7. Sources of formation of property and financial resources Educational institutions are:

6.7.1. Own funds Educational institution.

6.7.2. Property transferred to the Educational Institution by the Founder.

6.7.3. Income received from entrepreneurial and other income-generating activities carried out by the Educational Institution independently.

6.7.4. _______________________________________________.

6.8. The educational institution establishes wages employees, including allowances and bonuses to official salaries, order and size of their bonuses.

7. MANAGEMENT OF AN EDUCATIONAL INSTITUTION

7.1. The bodies and forms of management in the Educational Institution are:

7.1.1. Director of the Educational Institution.

7.1.2. Pedagogical Council Educational institution.

7.1.3. Parental advice.

7.1.4. General meeting labor collective.

7.1.5. School parent meeting.

7.1.6. __________________________________.

7.2. Direct management of the Educational Institution is carried out by the Director.

7.2.1. The appointment and dismissal of the Director of the Educational Institution is carried out by the Founder in the manner prescribed by the current legislation of the Russian Federation.

7.2.2. The director has the right / does not have the right to combine his position with another leadership position in the Educational Institution or outside it.

7.3. Director of the Educational Institution:

7.3.1. Plans and organizes the educational process, exercises control over its course and results, is responsible for the quality and efficiency of the work of the Educational Institution.

7.3.2. Represents the interests of the Educational Institution in state, municipal and other enterprises, institutions, organizations, acts without a power of attorney on behalf of the Educational Institution.

7.3.3. Is the manager of the funds of the Educational Institution within its competence.

7.3.4. Concludes on behalf of the Educational Institution contracts that do not contradict the current legislation of the Russian Federation and the statutory goals of the Educational Institution.

7.3.5. Within its competence, issues instructions, orders and directives that are binding on employees of the Educational Institution, students and their parents (legal representatives).

7.3.6. Approves the rules of internal work schedule Educational institution and Rules of conduct for students, other local acts, organizes and coordinates their implementation.

7.3.7. Organizes the development, approval and implementation of educational and curricula, curricula and other educational and methodological documents.

7.3.8. Approves syllabus, annual calendar chart and class schedule.

7.3.9. Submits a report on the results of the academic and financial year for a subsequent report to the Founder, the school-wide parent meeting, _________.

7.3.10. Compile and approve staffing, official duties workers.

7.3.11. Employs and dismisses teaching, administrative and service personnel of the Educational Institution.

7.3.12. He is the chairman of the pedagogical council of the educational institution.

7.3.13. ___________________________________________________.

7.3.14. ___________________________________________________.

7.4. The labor collective consists of all employees of the Educational Institution. The powers of the labor collective of the Educational Institution are exercised general meeting labor collective.

7.5. The general meeting of the labor collective of the educational institution has the right to:

7.5.1. Discussion and adoption of the collective agreement, the Internal Labor Regulations of the Educational Institution.

7.5.2. Election of candidates from the teaching staff in public organizations and governing bodies.

7.5.3. ____________________________________________________.

7.6. The general meeting of the labor collective is held _______ times in _______.

7.7. The Pedagogical Council of the Educational Institution is a permanent governing body to consider the main issues of the educational process. All teaching staff of the Educational Institution are members of the Pedagogical Council.

7.8. The Pedagogical Council is formed and carries out its activities on the basis of the Regulations on the Pedagogical Council of the Educational Institution, approved by the Director of the Educational Institution.

7.9. Pedagogical Council of the Educational Institution:

7.9.1. Develops the main directions and programs for the development of the Educational Institution, improving the quality of the educational process, submits them to the Director for subsequent approval.

7.9.2. Approves the work plan for the academic year.

7.9.3. Discusses and makes decisions on any issues related to the content of education.

7.9.4. Makes decisions on the forms, timing and procedure for conducting intermediate certification of students in non-graduation classes and on the number of subjects.

7.9.5. ___________________________________________________.

7.9.6. ___________________________________________________.

7.10. The school-wide parent meeting consists of all parents (legal representatives) of students in the Educational Institution.

7.10.1. The school-wide parent meeting meets ________ times in ____________.

7.10.2. The school-wide parent meeting elects the Parent Council from among its members, accepts the report of the Director of the Educational Institution based on the results of the academic and financial year.

7.11. The Parent Council of the Educational Institution, which is a self-governing body, is elected at the schoolwide parent meeting and accountable to him for his activities.

7.11.1. The activities of the Parents' Council are regulated by this Charter and _____________ (for example, the Regulations on the Parents' Council).

7.11.2. The Parent Council meets _______ every _________.

7.12. The competences of the parent council are:

7.12.1. Assistance to the administration of the Educational Institution in improving the conditions for the implementation of the educational process, protecting the life and health of students, organizing and conducting school-wide events.

7.12.2. Organization of work with parents (legal representatives) of students to clarify their rights and obligations.

7.12.3. Assistance to the administration of the educational institution in organizing and holding school-wide parent meetings.

7.12.4. ___________________________________________________.

7.12.5. ___________________________________________________.

8. PROCEDURE FOR REORGANIZATION AND LIQUIDATION

EDUCATIONAL INSTITUTION

8.1. The creation, liquidation or reorganization of the Educational Institution as a legal entity is carried out on the basis of the decision of the Founder in accordance with the current legislation of the Russian Federation.

8.2. Liquidation or reorganization of the Educational Institution is carried out, as a rule, at the end of the academic year. The founder takes responsibility for the transfer of students to other educational institutions in agreement with their parents (legal representatives).

8.3. Upon liquidation of an educational institution cash and other objects of property, minus payments to cover their obligations, are directed to the development of education in accordance with this Charter.

8.4. An educational institution is considered to have terminated its activities after making an entry about it in a unified State Register legal entities.

9. PROCEDURE FOR AMENDING THE CHARTER AND LOCAL LEGAL ACTS OF AN EDUCATIONAL INSTITUTION

9.1. The Charter, amendments (additions) to the Charter are adopted by the general meeting of the labor collective of the Educational Institution after a preliminary discussion. The charter is considered adopted if at least two-thirds of the pedagogical council voted for it.

9.2. The charter, changes and additions to it are registered in the order established by the current legislation. The charter comes into force from the date of its state registration.

9.3. To ensure the statutory activities, the Educational Institution may issue the following types of local acts: regulations, declarations, rules, instructions, programs, schedules, staffing, class schedules, orders and orders of the Director, decisions of the governing and self-governing bodies of the Educational Institution, _____________.

Director of the Educational Institution _________________/_________________ (signature)

What information should be contained in the charter of an educational institution? In what cases is it necessary to make changes to an educational institution due to the fact that by July 1, 2016 it is necessary to bring it into line with the Law on Education?

The educational institution operates on the basis of the charter approved in the manner prescribed by the legislation of the Russian Federation (clause 1, article 25 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, hereinafter referred to as Law No. 273-FZ) .

Information that the charter of an educational institution must contain

In the charter educational organization must be contained along with the information provided for by the legislation of the Russian Federation, the following information(Clause 2, Article 25 of Law No. 273-FZ):

type of educational organization;

founder or founders;

types of implemented educational programs indicating the level of education and (or) focus;

the structure and competence of the governing bodies, as well as the procedure for their formation and terms of office.

In addition, other provisions of Law No. 273-FZ require the following information to be indicated in the charter of an educational institution:

the procedure for making decisions by the governing bodies and speaking on behalf of the educational organization (clause 5 of article 26);

the procedure for the adoption of local regulations (clause 1, 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 (paragraph 3 of article 52).

Since an educational institution is an NPO, it is necessary to take into account the requirements for the charter by Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations” (hereinafter referred to as Law No. 7-FZ).

Thus, the following must be included in the charter of NPOs without fail (Article 14 of Law No. 7-FZ):

1) the name containing an indication of the nature of its activities and legal form;

2) location;

3) the procedure for managing activities;

4) the subject and goals of the activity;

5) information about branches and representative offices;

6) the rights and obligations of members, the conditions and procedure for admission to and withdrawal from the membership of an NCO (if the NCO has a membership);

7) sources of property formation;

8) the procedure for amending the articles of association;

9) the procedure for the use of property in the event of liquidation;

10) other provisions provided for by Law No. 7-FZ and others federal laws.

The charter of an educational institution is approved by its founder (clause 1, article 52 of the Civil Code of the Russian Federation):

for state - federal or regional authorities;

for municipal - municipal authorities;

for private educational organizations general education- their founder or founders.

The main cases of amendments to the charter of an educational institution

The need to amend the charter of an educational institution may arise in the process economic activity, as well as in connection with changes in the current legislation.

Important!

Name and statutes educational institutions were to be brought into line with Law No. 273-FZ no later than January 1, 2016. This period has been extended in accordance with the amendments made by the Federal Law of December 30, 2015 No. No. 458-FZ until July 1, 2016 (clause 5, article 108 of Law No. 273-FZ).

In practice, this means that the founders of educational institutions are required to amend the charters in accordance with the requirements of Law No. 273-FZ.

One of the organizational and legal forms of NPOs are educational institutions. In this regard, the question arises: is it necessary to rename the “institution” to “organizations” (make changes to the charter of the educational institution)?

Important!

Explanations regarding cases of amendments to the charter of educational institutions are given in the Letters of the Ministry of Education and Science of the Russian Federation dated 08.25.2015 No. AK-2453/06, dated 09.07.2013 No. DL-187/17, 151/17.

So, if in relation to an educational institution its type does not change, then its renaming and amendment of the charter is not required. For example, nothing needs to be changed (with the same type of educational organizations) if educational institutions have the name “Municipal General Educational Institution”, “Municipal Budgetary General Educational Institution”, etc. That is, the term “institution” does not need to be changed to the term “organization”.

Important!

In the event that the type of educational institution changes, it is necessary to amend the charter.

The types of educational organizations are given in paragraph 2 of article 23 of Law No. 273-FZ:

preschool educational organization;

educational organization;

professional educational organization;

educational organization of higher education.

For example, if the institution has the name “Municipal budgetary educational institution “School”, then it is necessary to amend the charter (the new name is “Municipal budgetary educational institution “School”). Special (correctional) educational state institutions for students, pupils with disabilities should be renamed into general educational state institutions, and educational institutions of additional vocational education(advanced training) of specialists - to institutions of additional professional education.

In addition, the Ministry of Education and Science of the Russian Federation (Letter dated June 10, 2013 No. DL-151/17) clarified the list of optional information indicated in the name of the educational institution:

indication of the type for state and municipal institutions (state, budgetary, autonomous);

indication of the form of ownership (“state”, “municipal” or “private”);

an indication of the features of the ongoing educational activities (the level and focus of educational programs);

inclusion in the name of the official name "Russian Federation" or "Russia", as well as words derived from this name by special permission;

use in the name of the name of a citizen, symbols protected by the legislation of the Russian Federation on the protection of intellectual property or copyright.

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) the 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 activities of the educational institution, including in terms of:

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 ( municipality) (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 adopted by a general meeting (conference) of employees and representatives 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 the general meeting (conference) teaching staff, scientists, as well as representatives of other categories of employees 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. General Provisions

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 state of health, 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 created depending on specific tasks, requirements for the content of education, features of the educational process, mode of operation and conditions for 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.

A combination of various forms of education in a general educational institution is allowed -

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 on 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)

Legal regulation of the activities of educational organizations

The implementation of educational activities is regulated by the Law "On Education ..." dated December 29, 2012 No. 273-FZ. According to Art. 2 of the specified normative act, educational is considered non-profit organization, created to carry out training activities in accordance with the existing license.

The implementation of such activities is the main goal for which such institutions are created. This does not mean that an educational organization cannot pursue other goals, however, the law imposes on the registered institution the obligation to choose the main type of activity related to the education of third parties.

According to the provisions of Art. 25 of Law No. 273-FZ, all educational organizations operate on the basis of a charter, subject to approval in the prescribed manner. The constituent document of educational institutions must comply not only with the requirements enshrined in Art. 25 of law No. 273, but also general provisions provided for in Art. 52 of the Civil Code of the Russian Federation.

The provisions of Art. 14 of Law No. 7 defines the requirements for constituent documents. Thus, the charter of a budgetary or state institution is subject to approval:

• the Government of the Russian Federation;
• executive authority of the subject;
• municipality.

Thus, drawing up the charters of educational organizations is a rather complicated procedure, since it is necessary to be guided not only general requirements, which are presented by the Civil Code of the Russian Federation, but also by the requirements of special legislation.

Requirements for the charter of an educational organization. What information should be reflected in the charter of an educational institution

Charters of educational institutions are drawn up in writing and are subject to mandatory approval by the founders. Each document must be issued in 3 copies, one of which remains with the registration authority.

All requirements for the charter, on the basis of which the activities of an educational institution are carried out, can be divided into 2 categories:

1. Based on federal law and mandatory for all educational institutions.
2. Applicable to certain types and types of educational institutions.

Thus, when drafting the text of the charter or making changes to a previously drawn up document, one should be guided by the full range of legal norms governing activities in the field of education.

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Requirements for the content of the charter

The charter of an educational organization must contain information provided for by the Civil Code of the Russian Federation, as well as laws No. 7-FZ and 273-FZ.

General requirements for the content of the constituent document educational institution are formulated in Part 4 of Art. 52 of the Civil Code of the Russian Federation. In particular, the charter of the organization should contain information:

• about the name of the institution;
• organizational and legal form of carrying out activities;
• legal address;
• organization management.

By virtue of h. 3 Article. 14 of Law No. 7, the charter of an NPO must also contain the following information:

• about the subject and goals of the organization;
• branches and representative offices;
• conditions for the admission of members and the procedure for their withdrawal from the organization;
• procedure for the use of property in the event of liquidation.

In Art. 25 of Law No. 273 also formulated a number of requirements that supplement those provided for by the Civil Code of the Russian Federation. According to this norm, the charter of an educational organization must contain the following information:

• about the type of educational institution;
• founders;
• types of programs implemented to achieve the set goal, indicating the direction of the implementation of activities and the level of service provision;
• the structure and competence of the management bodies of the organization, the methods and procedure for their formation, the timing of the exercise of powers.

Due to the specifics of activities that do not involve making a profit, educational institutions can engage in income-generating activities only if this contributes to the achievement of the set goal. At the same time, all profits received from employment entrepreneurial activity should be aimed at achieving the goals specified in the charter.

The founders may additionally enter into the constituent documents other information that is not provided for by law. However, it is important to remember that such information should not contradict the requirements of regulatory legal acts.

What information should be contained in the charter: list of sections

There are no requirements for the structure of constituent documents clearly fixed at the legislative level. Thus, when drawing up the charter, one should be guided by the above rules, as well as analyze the already adopted charters of educational organizations.

The analysis carried out makes it possible to determine the sections most frequently used in the structure of constituent documents of educational institutions. These include:

1. General provisions.
2. Subject, goals and activities.
3. Educational programs.
4. Competence, rights, obligations of participants and their responsibility.
5. Property and financial security.
6. Governing bodies.
7. Information openness.
8. Reorganization and liquidation.
9. The procedure for introducing amendments and additions to the charter.

Some of the proposed sections can be combined or excluded altogether (for example, the section "Information transparency" is typical for budget institutions). Since there are no legal requirements for the structure of the charter, a certain freedom is allowed in determining it. The main thing is that the content of the document is consistent and understandable.

In conclusion, it remains to be noted that the charter of an educational organization means founding document, which meets the requirements of the Civil Code of the Russian Federation and laws No. 7-FZ and 273-FZ. Failure to comply with these requirements entails a refusal to register an educational institution and make a corresponding entry in the Unified State Register of Legal Entities. If the violations are eliminated, the document will be registered and information about the organization will be entered into the Unified State Register of Legal Entities.

04.09.08 //11:10 Yuri Anatolyevich

The charter of an educational institution is an official regulatory local document based on the law, adopted in the prescribed manner by the competent authority (the founder or a person authorized by him) and regulating relations within a particular organization. The function of a local act is to detail, concretize, supplement, replenish 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, designated in the Law of the Russian Federation "On Education". On the one hand, it is the legal basis on the basis of which the activities of an 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 aspect of activity, 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