The charter of the educational organization should be. Model regulations and charter of educational institutions and organizations. The main cases of amending the charter of an educational institution

09/04/08 // 11: 10 Yuri Anatolyevich

The charter educational institution is an official regulatory local document based on legislation, adopted in accordance with the established procedure by a competent authority (founder or a person authorized by him) and regulating relations within specific 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 statutes 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. The statutes in a concentrated form regulate the powers of the participants in relations in the field of education.
Function of this legal act has a dual role, as specified 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 aspects of activities, etc. On the other hand, the charter is the main normative act governing legal status participants in the educational process and primarily students.

The question was answered: Fyoklin Sergey Ivanovich, lawyer-expert of the Federal Operator for the implementation of PPPO; Deputy Director of the Center for Normative legal support FGOU APK and PPRO

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 compliance with the Law on Education?

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

Information to be contained in the charter of an educational institution

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 of 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) orientation;

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

In addition, other provisions of Law No. 273-FZ prescribe the following information 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 of article 30);

the rights, duties and responsibilities of employees of educational organizations holding positions of engineering and technical, administrative, production, training and auxiliary, medical and other workers performing auxiliary functions (clause 3 of article 52).

Since the educational institution is an NPO, it is necessary to take into account the requirements that are imposed on the charter by the Federal Law of 12.01.1996 No. 7-FZ "On Non-Commercial Organizations" (hereinafter referred to as Law No. 7-FZ).

So, without fail, must be included in the charter of an NPO (Article 14 of Law No. 7-FZ):

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

2) location;

3) the procedure for managing activities;

4) the subject and purpose of the activity;

5) information about branches and representative offices;

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

7) sources of property formation;

8) the procedure for amending the charter;

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

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

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

for state - federal or regional authorities;

for municipal - municipal bodies authorities;

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

The main cases of amending 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 current legislation.

Important!

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

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

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

Important!

Explanations regarding the 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 of August 25, 2015 No. AK-2453/06, of July 09, 2013 No. DL-187/17, of June 10, 2013 No. DL- 151/17.

So, if in relation to an educational institution its type does not change, then its renaming and, making changes to the charter, is not required. For example, nothing needs to be changed (provided the type of educational institutions remains unchanged) if educational institutions have the name “Municipal educational institution”, “Municipal budgetary 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 clause 2 of article 23 of law No. 273-FZ:

preschool educational organization;

general 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 health should be renamed into general educational state institutions, and educational institutions of additional professional education (advanced training) of specialists - into 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);

an indication of the form of ownership ("state", "municipal" or "private");

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

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

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

Statute

educational institution

1. GENERAL PROVISIONS

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

Hereinafter - "Educational institution", created in accordance with the Civil Code of the Russian Federation, the Law of the Russian Federation "On Education" dated 10.07.1992 N 3266-1 and ___________________________ for the purpose of ____________________________________. (date, number and title of other required documents)

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

1.3. Full official name of the Educational Institution:

full name: ________ "__________________";

short 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. An educational institution is a legal entity from the moment state registration in the manner prescribed by the law on state registration 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, letterheads, an emblem and other details approved in the prescribed manner, acquires property and non-property rights, may be a plaintiff and a defendant in court, arbitration court and the arbitration court.

1.7. The educational institution is responsible for its obligations within the funds at its disposal. Subsidiary responsibility for the obligations of the Educational Institution shall be borne by the owner of the property assigned to the Educational Institution.

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

1.9. The educational institution has the right to do both Russian Federationand outside the state legal acts with institutions and enterprises of various forms of ownership and individuals.

2. PURPOSES AND TASKS OF THE EDUCATIONAL INSTITUTION

2.1. The main goals 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, an educational institution has the right to provide the population, enterprises, institutions and organizations with paid additional educational services that are not provided for by the relevant educational programs state standards... (Paid) additional services include:

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

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 additional paid educational services The educational institution concludes a written contract with the 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 goals.

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

3.2. The 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 objectives of the second stage of education are: ____________________.

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

3.6. __________________________________________________________________.

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

4. ORGANIZATION OF THE EDUCATIONAL PROCESS

4.1. The organization of the educational process in an Educational institution is regulated by __________________________.

4.2. The educational institution uses the ___________ grading system.

4.3. The educational institution operates the following system of intermediate attestation of students:

4.3.1. ___________________________________________________________;

4.3.2. ___________________________________________________________.

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

4.5. The main form of training in an educational institution is the ___________ training system.

4.5.1. Taking into account the needs and capabilities 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 on ______ 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 the sanitary standards and control standards established by the current legislation of the Russian Federation.

4.7. The occupancy of classes in the Educational Institution is established in the number of ______ students.

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

4.9. The educational institution establishes the following mode of study: _______________________________.

4.10. ______________________________________________________.

5. RIGHTS AND OBLIGATIONS OF THE PARTICIPANTS

EDUCATIONAL PROCESS

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

5.1.1. Teachers / trainers and others teaching staff (hereinafter referred to as "Teachers").

5.1.2. Students.

5.1.3. ____________________________________________.

5.2. Teachers / trainers have the right to:

5.2.1. To get a job due labor agreement with an Educational Institution.

5.2.2. For wages in accordance with the established rates.

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

5.2.4. Develop and submit proposals for improving educational work.

5.2.5. ________________________________________________.

5.3. Teachers / instructors are required to:

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

5.3.2. Timely and correctly maintain the documentation for 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. Comply with this Charter, decisions of the governing bodies of the Educational institution, orders of the administration of the Educational institution, if they do not contradict this Charter and current legislation.

5.5.2. Observe the internal regulations, safety measures, sanitation and hygiene rules established in the Educational institution.

5.5.3. __________________________________________________.

5.6. ____________________________________________________.

6. PROPERTY AND FUNDS OF THE EDUCATIONAL INSTITUTION

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

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

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

6.4. An educational institution is responsible for its obligations with the funds at its disposal. If the educational institution does not have the specified funds, the owner of the property assigned to the educational institution bears responsibility 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 business 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) and organizations.

6.6.1.3. ____________________________________________.

6.6.2. The founder and / or ________ has the right to suspend entrepreneurial activity Educational institution, if it goes to the detriment of educational activities provided for by this Charter, until __________.

6.7. The sources of formation of property and financial resources of the Educational institution are:

6.7.1. Own funds of the 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 supplements to official salaries, the order and size of their bonuses.

7. MANAGEMENT OF THE 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 of the Educational Institution.

7.1.3. Parental advice.

7.1.4. General meeting of the labor collective.

7.1.5. General school parents meeting.

7.1.6. __________________________________.

7.2. Direct control The educational institution is carried out by the Director.

7.2.1. The appointment and dismissal of the Director of the Educational Institution is made 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 at or outside the educational institution.

7.3. Director of the Educational Institution:

7.3.1. He plans and organizes the educational process, exercises control over its progress and results, is responsible for the quality and efficiency 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. He is the manager of the funds of the Educational institution within the limits of his competence.

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

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

7.3.6. Approves the Internal Rules work schedule The educational institution and the 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 training programs, curricula and other educational and methodological documents into the educational process.

7.3.8. Approves the curriculum, annual timetable and class schedule.

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

7.3.10. Draws up and approves staffing table, job duties workers.

7.3.11. Hires and dismisses the 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 acceptance collective agreement, Of the Internal Labor Regulations of the Educational Institution.

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

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 for considering 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 regulation 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 the midterm certification of students in non-graduated classes and the number of subjects.

7.9.5. ___________________________________________________.

7.9.6. ___________________________________________________.

7.10. The general school parents' meeting consists of all parents (legal representatives) of students at the educational institution.

7.10.1. The general school parents' meeting meets ________ times in ____________.

7.10.2. The general school parents 'meeting elects from among its members the Parents' Council, adopts the report of the Director of the educational institution on the results of the academic and financial year.

7.11. The Parents' Council of the Educational Institution, which is a self-governing body, is elected at the general school parent meeting and is accountable to him in his activities.

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

7.11.2. The Parents' Council meets _______ times in _________.

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 explain their rights and responsibilities.

7.12.3. Assistance to the administration of the educational institution in the organization and conduct of all-school parenting meetings.

7.12.4. ___________________________________________________.

7.12.5. ___________________________________________________.

8. ORDER OF REORGANIZATION AND LIQUIDATION

EDUCATIONAL INSTITUTION

8.1. 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. The liquidation or reorganization of an Educational institution is carried out, as a rule, at the end of the academic year. The founder assumes 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 property objects, 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 ceased its activities after making a record about it in a single state Register legal entities.

9. PROCEDURE FOR MAKING CHANGES TO THE CHARTER AND LOCAL LEGAL ACTS OF THE 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 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 accordance with the procedure established by the current legislation. The Charter comes into force from the day of its state registration.

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

Director of the Educational Institution _________________ / _________________ (signature)

the main document that defines the procedure for the functioning of an educational institution (OU), which must indicate the name, location, status of the OU; founder; organizational and legal form of educational institution; goals of the educational process, types and types of educational programs being implemented; the main characteristics of the organization of the educational process; structure of financial and economic activities of the educational institution; the procedure for managing an educational institution; rights and obligations of participants in the educational process; a list of types of local acts (orders, orders, and other acts) regulating the activities of the educational institution. (3)

Excellent definition

Incomplete definition ↓

CHARTER of an educational institution

a document that defines the procedure for the activities of an educational institution. U. indicates: name, location (legal, actual address), status, founder and organizational and legal form of the educational institution; goals of the educational process, types and types of programs being implemented; main characteristics of the educational process (language in which teaching and upbringing is conducted; the procedure for admitting students, pupils; duration of training at each stage; the procedure and grounds for expelling students; the assessment system for intermediate certification, the forms and procedure for its implementation; the mode of the educational institution; the presence of paid additional educational services and the procedure for their provision; the procedure for regulating and formalizing relations between an educational institution and students, pupils and their parents or legal representatives); structure of financial and economic activities; the procedure for managing an educational institution (competence of the founder; structure and formation of governing bodies, their competence and organizational activities; recruitment of employees and conditions of remuneration for their labor; change in management; reorganization and liquidation of an educational institution; rights and obligations of participants in the educational process; list of local acts - orders, orders and other acts regulating the activities of an educational institution). U. in the part not regulated by the legislation of the Russian Federation in the field of education is developed by the educational institution independently and approved by its founder. Local acts cannot contradict U. and are subject to registration as additions to U.

New requirements for the charter of an educational organization

On September 1, 2013, the Federal Law "On Education in the Russian Federation" of December 29, 2012 N 273-FZ came into force. Prior to the entry into force of the Federal Law on Education, educational institutions, authorities state power and local government bodies exercising management in the field of education, there was a period of eight months to study this regulatory legal document andadoptionnecessarycomplexorganizationalmeasures aimed at ensuring an effective and competent transition to functioning in accordance with the new law.

The heads of educational institutions often have such questions: “What are the requirements of the new law to the content of the charter of an educational organization?”, “Is it necessary to change the charter?”, “What new local regulations should appear in an educational institution? "," Is the name of an educational institution changing in connection with the replacement of the term "educational institution" with the term "educational organization?" and etc.

Federal Law No. 273-FZ contains several articles 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 LawNo. 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) the type of educational organization;

2) the founder or founders of the educational organization;

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

4) the structure and competence of the management bodies of the educational organization, the procedure for their formation and the terms of office.

Part 5 of 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 25No. 273-FZ, the following information must also be indicated in the charter:

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

the procedure for the adoption of local regulations (part 1 of article 30);

the rights, duties and responsibilities of employees of educational organizations holding positions of engineering and technical, administrative, economic, production, training and auxiliary, medical and other workers performing auxiliary functions (part 3 of article 52).

Requirement of Part 3 of Article 52 of the Federal LawNo. 273-FZ is requiredset out in the charter as follows: “The legal status (rights, duties and responsibilities) of the subsidiary (engineering and technical, administrative, industrial, educational, auxiliary, medical) personnel are assigned in accordance with the Federal Law "On Education in the Russian Federation", Labor Code Of the Russian Federation in the Internal Labor Regulations, job descriptions and in employment contracts with employees ".

The new law, in contrast to the expired Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1,does not have the following requirements to the content of the charter of an 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 (languages) in which training and education are conducted;

b) the rules for admitting students, pupils;

c) the duration of training at each stage of training;

d) the procedure and grounds for the expulsion of students, pupils;

e) the system of assessments for intermediate certification, the forms and procedure for its implementation;

f) the mode of employment of students, pupils;

h) the procedure for the regulation and registration of relations between an educational institution and students, pupils and (or) their parents(legal representatives) ;

Account opening in territorial body The Federal Treasury, the 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 terms of their remuneration;

The rights and obligations of participants in the educational process (with the exception of the rights and obligationsemployees of educational organizations holding positions specified inpart 1 article 52 of the new law);

The list of types of local acts (orders, orders and other acts) that regulate the activities of an educational institution.

In this way,No. 273-FZmakes much fewer requirements for the content of the charter of an educational organization than the invalid Law of the Russian Federation "On Education" dated July 10, 1992, No. 3266-1. Reducing the requirements for the content of the charter of an educational organization is a positive moment for the leaders of educational organizations, since less content 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, at its will, include in the text of the charter, for example, provisions governing the rules for admitting students or the procedure for recruiting employees of an educational organization, but most likely the inclusion of these provisions in the charter will only harm 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 the governing 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 emergence, suspension and termination of the relationship between the educational organization and students and (or) parents(legal representatives) minors of their students, the educational organization adopts local regulations. Based on this normFederal lawNo. 273-FZ (part 2 of article 30) basic issues of organization and implementation of educational activitiesshould not be regulated by the charter , and in other local regulations of the educational organization. It is beneficial for the head of the 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, in the mode of training of students, it will not be necessary to go through a complicated procedure of amending the charter of an educational organization, but it will be enough to make changes to the corresponding local Act.

Federal Law No. 273-FZis not the only normative act that should be guided by when drawing up 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 12.01.1996 N 7-FZ "On non-profit organizations", presented to the content of 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 of 12.01.1996 N 7-FZ "On Non-Commercial Organizations", in the constituent documents of a non-profit organization, the name of the non-profit organization must be determined, containing an indication of the nature of its activities and organizational and equal form, location of the non-profit organization, the procedure for managing the activities and the 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 (if the non-profit organization has membership), sources of formation of the property of a non-profit organization, the procedure for making changes to constituent documents non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions stipulated by the legislation of the Russian Federation.

Subject to provisionsNo. 273-FZ, Federal Law of 12.01.1996 N 7-ФЗ "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 security activities Institutions 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 LawNo. 273-FZ, the names and charters of educational institutions must be brought in line with the Federal Law "On Education in the Russian Federation" no later than January 1, 2016 thus, educational institutions have enough time to carefully study the regulatory requirements for the content of the main local document of the educational institution and develop a legally competent text of the charter.

Heads of educational institutions need to remember part 5 of article 108Federal lawNo. 273-FZ, since it is possible that the regulatory authorities may not be aware of this norm, and may require educational institutions to bring their statutes in accordance with the new law at a different time. Note that no one can reduce the amount provided for in part 5 of Article 108Federal lawNo. 273-FZ term for educational institutions, including the founder. The educational organization has autonomy and independently decides when to bring the content of the charter in accordance with the new law, most importantly, no later than January 1, 2016.

Another question of interest to heads of educational institutions concerns changes in the name of the educational organization.the federal lawNo. 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 educational institutions "(hereinafter - 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 the 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 legislation for non-profit organizations. The organizational and legal forms of non-profit organizations in which educational organizations can be created are established by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations" (hereinafter referred to as the Law on Non-Commercial Organizations). One of the organizational and legal forms of non-profit organizations is, inter alia, an institution (state, budgetary, autonomous).

Considering the above, the Federal Law on education, it is not envisaged to include in the name of an educational organization the generic name of all legal entities - "organization", from which it follows 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 general education school No. 2". Mandatory under the new law, from of this name are two words: "general education" and "institution". The concept of "institution" is an organizational and legal form, and the concept of "general education" 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 optional 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 correspond to the new law.

According to the same part 5 of Article 108 of the Federal Law on Education, the names of educational institutions, like the charters, must be brought into compliance with the specified law no later thanJanuary 1, 2016.

Conclusions:

1. The main characteristics of the organization of the educational process, including the rules for admission, transfer and expulsion of students, as well as the provisions governing the legal status of participants in the educational process, no longer need to be specified in the charter;

2. The educational institution has a deadline until January 1, 2016 to bring its charter and name in accordance with the new law;

3. The term "institution" in the name of schools and other educational organizations does not change to the term "organization".