A mandatory feature of local acts of an educational organization. What is a local act? Local regulations of the organization

Any enterprise, company or firm has among its documentation current local regulations, which can be disciplinary rules, job descriptions or various provisions. The local act may refer to:

to the category of generally established (mandatory) acts for any enterprise,
to the category of acts voluntarily created by the employer.

Whatever the local regulations of the organization, it is important that they exist within the framework of the law, that is, they do not contradict the law. There is another characteristic feature of such a corporate document. The local act is mandatory for both the employer and his subordinates.

In this article, we will consider all kinds of features of this type of documents.

The local act is...

It should start with the fact that the Labor Code of the Russian Federation (fifth article of the TKRF) regulates relations between the employer and the employee through labor protection, possible agreements and acts with labor law norms. Local acts of the organization with the norms of labor law cited in them also regulate working relations.

Such a document is generally established for all employers. It also corresponds to other documentation that contains similar criteria. This is evidenced by the eighth article (first part) of the labor code. However, no specific meaning is assigned to the concept of “local act”:

someone believes that these are local acts of the organization, which contain multiple repetitions of the existing rules of behavior for employees, and are established by their employer (this is an incomplete definition);
the following meaning would be more correct and complete: “a document containing labor law norms, which is adopted by the employer within its competence in accordance with laws and other regulatory legal acts, a collective agreement, agreements.”

Features of the document (local normative act)

Possible changes in it are determined by the employer.
The norms contained in the document do not contradict the law or the employment contract.
It is approved in the form of an instruction or regulation by the head-employer (fixed in writing). In some cases - when interacting with the trade union of the organization.
The employee must be familiarized with this document, confirming this action with his personal signature.
It is valid from the day it is adopted, or another date written on paper.
Terminates when it expires or if canceled by the employer/court.

What documents relate to the local regulations of the organization?

The photo below shows a list of documents typical for most organizations that are local regulations.

How are local acts of the institution adopted?

Each local normative act of the organization goes through certain stages. First, it is developed, then agreed, then approved, after which it only receives legal force and is put into effect.

A similar sequence for the creation of such documents can also be established by a characteristic local act (for example, according to the organization’s existing regulation on the procedure for adopting local regulations - a sample act is shown in the photo).

Stage of development of local regulations of the organization

The document is developed directly by a working group of persons specially engaged in this activity (by appointment of the management) (or by an executing person) on the basis of an existing order. This can be done either by a simple personnel officer or chief accountant, or by an association of department heads.

Stage of coordination of local acts

After development, a local act is necessarily in the process of being coordinated with other structural divisions or departments. At the same time, employees reflect general comments, comments, agreement / disagreement on a separate special form.

Stage of approval of local acts of an institution (organization)

After the approval process, the document is sent to the authorities for approval.

Before making his decision, the manager must send the project with justification to the trade union organization. This representative body on the part of employees has a maximum of five days to consider and put forward in reverse order their written opinion on this local act.

If the trade union agrees with the proposed local act, then this document is put into effect.

If the trade union did not provide consent, or provided it, but taking into account some wishes, then the head is obliged to organize additional consultations with the representative body no later than three days (after receiving a response) to reach mutual understanding and make a decision.

Local acts of the school

It is worth dwelling separately on the documentation in educational institutions, which can independently create their own local regulatory frameworks from acts, because the Law “On Education” of the Russian Federation states that the charter of a general educational institution must have a certain list of local acts. But when creating additional documents that make additions to the existing charter (for example, these may be new local acts of the school), it is necessary to register them with the Federal Tax Service. Otherwise, there will be inconsistencies in the regulatory framework of the organization.

Local acts of a general education institution are legal and official legal documents. They are adopted in the proper sequence to regulate relations within school activities, as reflected in the charter of the organization.

Local acts of the school should reflect the following principles:

They were created for a specific educational institution and operate, respectively, within the walls of one organization.
They are official written legal documents containing all the required details.
All subjects of the education process are involved in the process of creating and introducing a local act.

Types of local acts of a general educational institution

School documents, as well as local acts of the dow (preschool educational institution) may be normative. Such documentation contains a list of certain rules and norms that must be observed without fail by all participants in the education process. It is characterized by long-term use. Such acts detail and supplement the legal norm in relation to each individual school.

There are also individual local acts. As a rule, they are one-time and are used to secure a certain decision from a legal point of view.

What documents are related to local school acts?

Local acts on education are resolutions, decisions, orders, instructions, rules, regulations and contracts. They reflect and regulate various aspects of school activities. For your information, local acts of dow have the same kind of documentation. Let's take a look at each document.

Regulations: these local acts can be individual legal documents and normative. They reflect the decision of the governing body of the school.
Decisions: the general meeting of employees takes local decisions. Such documents very often have the character of recommendations.
Orders: such a document is issued by the director of an educational institution to solve the main tasks. For example, below, in the photo, there is a sample act - an order to approve the school's internal regulations.
The bodies that manage the school, such documents as resolutions and orders, approve regulations, rules, instructions.

How local regulations should be drawn up

Labor legislation does not create specific requirements for the execution of such documents. But there is GOST R6.30-2003, which includes information on the necessary requirements that must be observed when creating and issuing a local act. According to it, any document (with the exception of a letter) is drawn up on a special form and contains the following information:

full and abbreviated name of the organization (the name that is indicated in the constituent documents);
indication in capital letters of the name after the name of the organization;
date of approval and serial number of the act during registration;
indication of the place of creation and registration of the document;
the presence of the signature(s) of the agreement;
an indication of information about applications at the end of the document;
compliance with the structure of the document, which includes all the necessary provisions (general, main part and final);
sections (with a number and heading), paragraphs and subparagraphs are necessarily the content of the document;
obligatory is carried out in the middle of the top margin of the sheet (starting from the second page).
It is obligatory to have the stamp of approval of the management of the organization in the upper right corner. The approval can be presented either by a simple signature of the chief, or by a separately created order. Everything is stamped.

Familiarization with the act of employees of the organization

After the approval of the local normative act, it goes through the stage of registration in a special journal and receives an individual number and an indication of the date from which it enters into force.

With this act, the management is obliged to familiarize those of its employees whose activities are affected by this document itself, in accordance with Article 22 (part 2) of the Labor Code of the Russian Federation. The familiarization process is reflected on special familiarization sheets as a separate annex to the local normative act, and is also reflected in the familiarization log.

How local acts are stored

All original acts must be kept in one place (office, reception or personnel department). Copying documents occurs when a document is distributed among departments and structural subdivisions.

Such local documents have an unlimited storage period in accordance with the list of typical managerial archival documents that are formed during the work of state bodies, local governments and organizations.

Inspection checks carried out in various regions of Russia showed that the formation of the legal framework for the activities of educational institutions began to be implemented everywhere with more or less success.

Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, the heads of educational institutions face common problems. First of all, this is due to the self-determination established by the Russian Federation "On Education" in the form of educational institutions and the need to form the legal framework for their activities. The democratization of education determines the state-public nature of management, thanks to which state and public associations, management structures, and organizations unite and interact, coordinate their actions.

At the interregional seminars-meetings held by the Department of General Educational Institutions and Inspection in 1999-2001, it was already noted that in accordance with the Law of the Russian Federation "On Education" as amended by the Federal Law of 13.01.96 N 12-FZ, an educational institution was granted the right to determine the legal basis for their activities. This is the competence of the educational institution. For educational bodies - recommendations and control.

The Ministry of Education of Russia, having analyzed the results of the audits, notes that the following problems were identified in the development of the legal framework for the activities of educational institutions:

4. Compliance of the developed regulatory legal framework governing the activities of an educational institution with the current legislation of the Russian Federation in the field of education.

If the first two of these problems are of an organizational nature, then the last two indicate that at the present stage, more and more importance is given to the quality of the formed legal field.

It is relatively easy for the specialists of educational authorities to verify the solution of the first, organizational, problems. An approximate list of local acts has already been discussed at a meeting on inspection issues in Pskov, published in the collection of information materials following the results of this meeting and in the methodological recommendations "Local acts of an educational institution" of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking charters, which are the fundamental document for the formation of the legal framework for the activities of educational institutions, it is necessary to select a list of local acts for this institution and compare its completeness with the list that is given in the appendix to the charter.

The "Charter of an educational institution" of the Law of the Russian Federation "On Education" shows that the charter of an educational institution must indicate: "the structure, the procedure for the formation of the governing bodies of an educational institution, their competence and the procedure for organizing activities." Therefore, it is necessary to determine:

This applies to the council of the educational institution, the pedagogical council, the parent committee, the general meeting of the labor collective, methodological associations in specialties, councils of high school students, councils of graduates and other self-governing bodies of the educational institution (Law of the Russian Federation "On Education").

The classic organizational method of distribution and consolidation of tasks, functions (duties), rights and responsibilities, establishing relationships is regulation. Regulation is carried out with the help of regulations, job descriptions and other regulations.

The section "Functions (duties)" contains a list of functions, the fulfillment of which ensures the solution of the tasks assigned to the self-government body with a certain specification of work for each function.

The section "Organization of management" contains a description of the organizational structure of the self-government body, indications of the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational events (planning meetings, meetings, etc.) .).

The section "Relationships with other departments" is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public divisions (organizations) - all kinds of public councils and commissions, trade unions, etc.

The section "Responsibility" provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and the implementation of functions. This section is the most difficult to develop, since here it is necessary to indicate the application of sanctions for non-performance or poor performance of tasks, functions, and also to determine the conditions under which this or that responsibility occurs. But, as a rule, the following entry is made in this section: "the self-government body is responsible for the fulfillment of the tasks and functions assigned to it."

The basis for the preparation of job descriptions for employees of educational institutions should be the charter and the Regulation on the type and type of educational institution, the available qualification characteristics and qualification requirements for the position, labor standards for the performance of work.

Job descriptions, as a rule, are developed by the head of the management body with the help of the employees themselves, for whom they are issued. At the same time, the entire volume of work inherent in this control body is taken into account. In disputable cases, so-called. photos of the working day. Job descriptions are recommended to be reviewed and updated, as necessary, in connection with a change in the function of the governing bodies.

Normative basis for the functioning of educational institutions

Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, the heads of educational institutions face common problems. First of all, this is due to the established Law of the Russian Federation "On Education" self-determination in the form of educational institutions and the need to form the legal framework for their activities. The democratization of education determines the state-public nature of management, thanks to which state and public associations, management structures, and organizations unite and interact, coordinate their actions.

At the interregional seminars-meetings held by the Department of General Educational Institutions and Inspection in 1999-2001, it was already noted that in accordance with Article 2 of the Law of the Russian Federation "On Education" as amended by Federal Law No. granted the right to independently determine the regulatory legal framework for their activities. This is the competence of the educational institution. For educational bodies - recommendations and control.

1. Determination of the necessary list of local acts of the educational institution in accordance with the approved charter;

2. Development of local acts of an educational institution as a legal document in accordance with the established form;

3. Definition of tasks and functions of state-public forms of self-government of an educational institution;

4. Compliance of the developed regulatory legal framework governing the activities of an educational institution with the current legislation of the Russian Federation in the field of education.

If the first two of these problems are of an organizational nature, then the last two indicate that at the present stage, more and more importance is given to the quality of the formed legal field.

Clause 1.7 "b" of Article 13 "Charter of an educational institution" of the Law of the Russian Federation "On Education" shows that the charter of an educational institution must indicate: "the structure, the procedure for forming the governing bodies of an educational institution, their competence and the procedure for organizing activities." Therefore, it is necessary to determine:

What governing bodies operate in this educational institution;

What are their functional managerial connections;

Do they act in accordance with the approved regulation (local act).

Provisioning technology

The regulation is an organizational and legal document regulating the activities of departments, institutions and their structural subdivisions.

As a rule, the provisions consist of the following sections:

1. General part (general provisions).

2. Relationships with other self-government bodies.

3. Main tasks.

4. Functions (duties).

6. Responsibility.

7. Organization of management.

8. Office work.
Section "General part (general provisions)" includes:

Determining the status of the self-government body in the management system;

Instructions about who it is headed and to whom it is subordinate;

Degree of independence;

Participation in the implementation of the target program or the performance of target management functions.

Main tasks section defines:

Direction of activity of self-government bodies;

Tasks for which this self-government body is responsible.

Section "Functions (duties)" contains a list of functions, the implementation of which ensures the solution of the tasks assigned to the self-government body with a certain specification of work for each function.

Section "Rights" determines the rights of the self-government body that ensure the performance of its functions by this subdivision.

Section "Organization of management" contains a description of the organizational structure of the self-government body, indications of the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational events (planning meetings, meetings, etc.).

Section "Relationships with other divisions" is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public divisions (organizations) - all kinds of public councils and commissions, trade unions, etc.

Section "Responsibility" provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and the implementation of functions. This section is the most difficult to develop, since here it is necessary to indicate the application of sanctions for non-performance or poor performance of tasks, functions, and also to determine the conditions under which this or that responsibility occurs. But, as a rule, the following entry is made in this section: "the self-government body is responsible for the fulfillment of the tasks and functions assigned to it."

Section "Office work"- this is keeping minutes of meetings, planning activities, compiling reports.

Technology for compiling job descriptions

5. Agreement between an educational institution and parents.

6. Agreement of an educational institution with the founder (founders).

7. Rules of conduct for students.

8. Internal regulations of the educational institution.

9. Regulations on the establishment of allowances and additional payments to official salaries of employees.

10. Employment agreement (contract) with employees.

11. Job descriptions of employees, including administrative and economic personnel, subject teachers, class teachers, social pedagogue, psychologist, etc. in the form:

a) general position;

b) should know...;

c) functional duties;

d) rights, competence;

e) organization of activities, etc.

12. Regulations on the methodological association of teachers.

13. Regulations on the attestation (examination) commission.

14. Regulations on the grading system, forms, procedure and frequency of intermediate and final attestation of students.

15. Regulations on the conflict commission during oral examinations.

16. Regulations on temporary commissions under the council of an educational institution (auditing, for commissioning installed equipment, etc.).

17. Regulations on the forms of education in this educational institution (external studies, self-education according to individual programs, regulations on family education, regulations on free attendance of classes, regulations on correction classes and compensatory education classes, etc.).

18. Regulations on associations of students, pupils (regulations on the scientific society of students, etc.).

19. Regulations on scholarships for students.

20. Regulations on the study room.

21. Safety instructions and rules for working in hazardous areas, workplaces, in classrooms.

22. Decisions of pedagogical councils, orders for an educational institution.

23. Regulations on paid additional educational services.

24. Regulations on the entrepreneurial activity of an educational institution.

25. Regulations on the competitive admission of students to an educational institution.

26. Regulations on the school subject Olympiad, on competitions.

Appendix 2

Approximate list of local acts

for primary vocational education institutions***

1. Job descriptions.

2. Regulations on the pedagogical council.

3. Regulations on methodological association.

4. Regulations on the Methodological Council.

5. Regulations on the council of teachers of NGOs.

6. Regulations on the off-budget fund.

7. Regulations on the board of trustees at the off-budget fund.

8. Regulations on the student council.

9. Regulations on the student hostel.

11. Regulations on material incentives for teachers, on allowances and additional payments.

12. Regulations on the student scientific association.

13. Regulations on the Olympiad, competition.

14. Regulations on the review of classrooms, workshops.

15. Regulations on additional educational services, including paid ones.

16. Regulations on the attestation commission during the final attestation of graduates.

17. Regulations on the conflict commission.

18. Regulations on the expert commission.

19. Regulations on the admission of students.

20. Regulations on the selection committee.

21. Regulations on the institutional commission for certification of teaching staff.

22. Regulations on internal control.

23. Regulations on the parent committee.

24. Agreement with parents.

25. Internal regulations.

27. Agreement with the base enterprise.

28. Regulations on production practice.

29. Agreement on the interaction of local governments with vocational schools.

30. Regulations on obtaining basic general education on the basis of vocational schools.

"Put into action" "Reviewed"

Order No. 3 of 10.01.2014 Minutes No. 4 of 10.01.2014

School Director Chairman of the Pedagogical Council

G.A. Gayzatullina G.A. Gayzatullina

POSITION

of the municipal budgetary educational institution "Novotinchalinsky secondary school named after N.G. Faizov of the Buinsky municipal district of the Republic of Tatarstan" on the preparation of the work program of the subject teacher
1. General Provisions

1.1. This regulation is based on the following documents:

The federal component of the state standard of general education in the context of the modernization of Russian education. The federal component was developed in accordance with the Law of the Russian Federation "On Education" (Article 7) and the Concept for the Modernization of Russian Education for the period up to 2010.
The regulation contains requirements for the design of the calendar-thematic planning of the subject teacher.

1.2. Calendar-thematic planning is a document that regulates the activities of a teacher in the implementation of the curriculum in the subject.

Calendar-thematic planning is developed by the teacher for each class in accordance with the curriculum and the requirements of the State Educational Standard.
The calendar-thematic planning developed by the teacher is agreed with the head of the methodological association and approved by the school principal no later than September 15.

1.3. The tasks of compiling calendar-thematic planning are:

Determination of the place of each topic in the annual course and the place of each lesson in the topic;
Determining the relationship between individual lessons, topics of the annual course;
Formation of a rational system of work on arming students with a system of knowledge, skills and abilities in the subject.

1.4. The degree of development of the calendar-thematic plan is a criterion for the professionalism of the teacher.

1.5. When developing the calendar-thematic plan of the training course, the teacher implements the sequence of the following actions:

Forecasting, anticipation of the course and results of work;
Development of a program of necessary measures, a sequence of actions;
Selection of the most optimal methods and techniques for their implementation;
Accurate calculation of activities in time and setting the start and end dates for its stages;
Determination of forms and methods of accounting and control of performance results.

2 . The structure of the calendar-thematic planning

subject teacher:

Title page.
Explanatory note.

Program and educational-methodical equipment of the curriculum;

2.3.Own thematic planning of the subject.
3. Requirements for the design of the title page

The title page must contain the following information:

“Agreed”: head of the RMO…….. /I.O.F./, date
“I approve”: director of MBOU Novotinchalinsky secondary school ...... / I.O.F. /, date
School name
Document's name
Subject name (should match the name in the curriculum)
Class
Full name of the teacher
Academic year

4. Requirements for the execution of an explanatory note

The explanatory note must indicate:

Document(s) on the basis of which the thematic calendar planning was compiled (basic curriculum, Federal State Standard, Exemplary program, author's program recommended by the Ministry of Defense of the Russian Federation)
Teacher's teaching materials (methodological guide, textbook, workbooks, etc.)
Class
The number of hours per week according to the school curriculum: federal, regional, school component. The number of hours is a reserve. Total.
Educational technology (traditional, developing, etc.). Educational model ("School of Russia", "Harmony", "School 2100", etc.)

Topic 1 Charter of the educational organization

§ 1.1. Charter as a founding document of an educational organization

The charter of an educational organization is the main local act that regulates the organization of the activities of an educational organization. The charter is the founding document of an educational organization, which is approved by the founder when it is created. Thus, the charter is a mandatory local act, without which an educational organization simply cannot be created. For state and municipal educational organizations created in the organizational and legal form of an institution, the charter is the only constituent document. For educational organizations created in other organizational and legal forms, for example, an autonomous non-profit organization, it is possible to have a second constituent document - a constituent agreement concluded by the founders ( Part 1 Art. fourteen Federal Law "On non-profit organizations").

It should be noted that since January 2011 paragraph 3 of Art. 11 of the Law of the Russian Federation "On Education", which provided for the conclusion between an educational organization and the founder of an agreement. It should be noted that this agreement did not apply to the constituent documents of the educational organization and was not a constituent agreement, since it was concluded after the creation and state registration of the educational organization and regulated not relations between the founders, but between the founder and the institution. The conclusion of such an agreement was not provided for by the norms of civil law and was redundant, since the relationship between the educational institution and the body that performs the functions and powers of the founder is fully regulated by the charter of the educational institution.

In accordance with Part 2 Art. 52 of the Civil Code of the Russian Federation in the constituent documents of any legal entity - a non-profit organization, a number of general issues of legal status must be settled:

Name of the legal entity;

Location;

The procedure for managing the activities of a legal entity;

The subject and goals of the activity of a legal entity;

Other information provided by law for legal entities of the relevant type.

In this case, the type of legal entities is understood as the organizational and legal form, the form of ownership of a legal entity, a separate area in which this legal entity operates. Thus, the charter of a municipal budgetary educational institution must comply with the special requirements that apply to the charters of non-profit organizations in the form of an institution, municipal institutions, budgetary institutions and educational institutions (organizations). In this case, the non-compliance of the charter of an educational organization solely with the requirements of budget legislation does not constitute a violation of the legislation on education and cannot be reflected as a violation identified as a result of an audit by authorized state authorities that oversee and control compliance with the legislation of the Russian Federation in the field of education.

§ 1.2. Special requirements for charters of educational organizations

Special requirements for charters of educational organizations are established Art. thirteen The Law of the Russian Federation "On Education", according to which the charter of an educational organization must indicate:

Name, location (legal, actual address), status of the educational organization;

Founder;

Organizational and legal form of an educational organization;

The goals of the educational process, types and types of educational programs being implemented;

The main characteristics of the organization of the educational process, including:

The language(s) in which education and upbringing are conducted;

Rules for the admission of students, pupils;

Duration of training at each stage of training;

The procedure and grounds for the expulsion of students, pupils;

Grading system for intermediate certification, forms and procedure for its implementation;

Mode of employment of students, pupils;

Availability of paid educational services and the procedure for their provision (on a contractual basis);

The procedure for regulating and formalizing relations between an educational organization and students, pupils and (or) their parents (legal representatives);

The structure of the financial and economic activities of an educational organization, including in terms of:

Use of property assigned to an educational organization;

Financing and logistical support for the activities of an educational organization;

Carrying out entrepreneurial and other income-generating activities;

Prohibition 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;

The procedure for disposing of property acquired by the institution at the expense of income received from entrepreneurial and other income-generating activities;

Opening accounts in the treasury bodies (with the exception of non-state educational institutions and autonomous institutions);

The procedure for managing an educational organization, including:

Competence of the founder;

Structure, procedure for the formation of management bodies of an educational organization, their competence and procedure for organizing activities;

The procedure for recruiting employees of an educational organization and the conditions for remuneration for their work;

The procedure for changing the charter of an educational organization;

The procedure for the reorganization and liquidation of an educational organization;

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 an educational organization.

The absence of regulation of any of the listed issues in the charter of an educational organization should be considered as a violation of the legislation on education.

The Law of the Russian Federation "On Education" contains a rule according to which, if it is necessary to regulate the aspects of the activities of an educational organization, which must be regulated in the charter, other local acts, the latter are subject to registration as additions to the charter of the educational organization ( paragraph 3 of Art. thirteen). This rule means that if the charter of an educational organization does not regulate a separate mandatory issue, for example, the procedure and grounds for the expulsion of students, pupils, then this issue can be regulated in a special annex to the charter (for example, the Rules for the expulsion of students). However, such rules, being an annex to the charter, are adopted in the same manner as amendments to the charter, including approval by the founder and registration with the authorized body for registration of legal entities. Thus, if during the audit it was revealed that the issue that should be settled in the charter is regulated by another local act that was not adopted in order to adopt the charter (changes to the charter), then this is also a violation of the legislation on education and is recorded in the report and verification act.

It is also necessary to dwell on one more point related to the regulation in the charter of the system of local acts of an educational organization. In accordance with subparagraph 9 of paragraph 1 of Art. thirteen The Law of the Russian Federation "On Education" in the charter of an educational organization must indicate "a list of types of local acts (orders, decisions and other acts) regulating the activities of an educational organization." This norm means that the charter lists exactly the types of local acts with an indication of the governing bodies (director, academic council, etc.) that issue these acts. It is not required to list “by name” those local acts that are published in an educational organization. In addition, it is absolutely meaningless, since the list of local acts is subject to constant change in the process of functioning and development of an educational organization.

The Law of the Russian Federation "On Education" requires that the charters of state and municipal educational institutions be developed on the basis of standard provisions on educational institutions of the corresponding types and types ( paragraph 5 of Art. 12). At present, standard provisions are approved by the federal executive body authorized by the Government of the Russian Federation (Ministry of Education and Science of the Russian Federation). Thus, the text of the charter of state and municipal educational institutions should be based on the corresponding model provision, both in content and in the general structure of the presentation of regulatory material.

§ 1.3. The procedure for the adoption, approval and registration of the charter of an educational organization

According to the Law of the Russian Federation "On Education" (paragraph 2 of article 13) the charter of a civil educational organization in the part not regulated by the legislation of the Russian Federation is developed and adopted by the educational organization 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. Thus, in each municipal district and urban district, a normative legal act defining the procedure for approving the charter must be adopted. The absence of such a normative legal act is a violation of the legislation in the field of education by the relevant authorized body of local self-government. It should be noted that the charter norm of the Law of the Russian Federation "On Education" on the approval of the charter by the founder does not mean that the charter is approved by one authority that performs the functions of the founder. Thus, in order to approve the charter, a rather multi-stage approval procedure can be described, which provides for the participation in the approval of several state authorities or local governments that perform the functions of the founder within the framework of various procedures for approval, approval, etc.

Subparagraph 12 of paragraph 2 of Art. 32 The Law of the Russian Federation “On Education” clarifies that the competence of an educational organization includes “the development and adoption of a charter by the staff of an educational organization to submit it for approval.” Under the collective, in our opinion, should be understood not only the employees of the educational organization, but also other participants in the educational process: students, parents (legal representatives). The charter can be adopted at a general meeting of participants in the educational process or at their conference.

The situation is somewhat more complicated with the approval of the charter when creating an educational organization. The charter is a necessary condition for the state registration of the creation of an educational organization as a legal entity, in this regard, it must be approved before the formation of the staff of the educational organization. Separate model provisions contain a rule governing this situation. Yes, in accordance with clause 34 of the Model Regulation on an educational institution of primary vocational education, approved by Decree of the Government of the Russian Federation of July 14, 2008 No. 521, it is fixed that in the created educational institution the charter is approved by the founder for a period of not more than 1 year. It seems that in newly created educational organizations of other types and types (for example, schools), before the formation of the team, the charter can be approved by the founder for a period of not more than a year. expedient, so that such a norm is present in the act of the local government, which establishes the procedure for approving charters, and then in the charter itself.

Any changes and additions to the charter of an educational organization are accepted in the same manner as the charter itself.

The charter (changes to the charter) developed, adopted and approved by the founder is subject to state registration. The procedure for state registration of changes to the constituent documents of legal entities is regulated Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated August 8, 2001 No. 129-FZ(with subsequent changes and additions). With regard to the registration of changes in the constituent documents of state and municipal educational institutions, the registration forms and the registration procedure provided for commercial organizations apply, and the registration itself is carried out in the territorial bodies of the Federal Tax Service (tax inspections) ( clauses 4.1., 4.2., 5 st. one Federal Law "On non-profit organizations"). The charters of non-state (private) educational organizations are registered in a special procedure provided for non-profit organizations in the bodies of the Ministry of Justice of the Russian Federation ( Art. 23 Federal Law "On non-profit organizations")

Security questions for topic 1

1. List the signs of the charter as the main local act of an educational institution

2. List the special requirements for the content of the charter of an educational institution

3. Describe the algorithm for amending the charter of an educational institution

Topic 2 Concept, signs and types of local acts
§ 2.1. The concept of a local act

The system of local acts of an educational organization is the subject of supervision over compliance with the legislation of the Russian Federation in the field of education, which is one of the main functions of state authorities exercising control and supervision in the field of education. When carrying out activities to supervise compliance with the legislation of the Russian Federation in the field of education, the persons exercising supervision check, first of all, the content of the regulatory legal framework of the educational organization, developed and adopted at the local level, and then the direct activities of the organization, i.e. how these local acts are implemented in practice.

The local act of an educational organization is an official legal document based on the law, adopted in the prescribed manner by the competent management body of an educational organization and regulating relations within the framework of this educational organization.

§ 2.2. Signs of a local act

Let us consider in detail the signs that all local acts of an educational organization must comply with.

1. The local act of an educational organization is an official legal document issued in writing and containing the necessary details:

(a) a name reflecting the form of the act and its brief content (for example, Rules of Conduct for Students);

(b) date of publication;

(d) signature of an authorized official

(e) if necessary, approval visas and the seal of a general educational organization (for example, a local act defining the annual calendar study schedule must have an approval visa with the local government, subparagraph 8 of paragraph 2 of Art. 32 Law of the Russian Federation "On Education").

At the same time, it should be noted that at present there are no mandatory requirements for the execution of local acts. Requirements of GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork" are recommended.

2. The local act of an educational organization is based on legislation in the broadest sense of the word, i.e. not only on federal laws and laws of the subject of the Russian Federation, but also on by-laws. First of all, any local act must comply with Law of the Russian Federation "On Education", as well as the model regulation on the educational organization of the corresponding type and kind. In addition, it must be remembered that the legal support of the activities of an educational organization is multi-level. The activities of an educational organization are regulated by federal regulations and regulations of the authorities of the constituent entities of the Russian Federation. In addition, some issues of the activities of municipal educational institutions can be regulated at the local level, in accordance with the competence of local governments.

The listed normative legal acts are in hierarchical subordination, both between levels (the laws of the constituent entities of the Russian Federation cannot contradict federal laws), and within each level (regulatory acts of the regional education authority cannot contradict the law of the constituent entity of the Russian Federation that regulates the field of education). Local acts of an educational organization form a fourth, lower level of legal regulation of the activities of an educational organization. At the same time, a change in the legal regulation of education issues, for example, at the federal level entails a chain reaction of changes at all other levels, including at the level of an educational organization. The legislation does not establish a clear period during which the administration of an educational organization is obliged to make the necessary changes to local acts when the legislation changes. In our opinion, here it is necessary to be guided by the principle of "reasonable time", which cannot exceed one or two months from the date of publication of a regulatory legal act that requires amendments to the local acts of an educational organization.

In addition, it should be borne in mind that in a number of cases, when exercising supervision over the activities of an educational organization, facts of exceeding the competence of its founder or educational authorities that issued regulations that go beyond their powers may be revealed.

3. To be valid, a local act of an educational organization must be not only an official legal act that complies (not contradicting) with the law, but also an act adopted by the competent governing body of the educational organization. The division of powers between the head of the educational organization and self-government bodies is determined by the charter of the educational organization.

4. Local acts of an educational organization are valid only within the educational organization itself and cannot regulate relations that develop outside the organization. Thus, the administration of an educational organization is not entitled to regulate any aspects of the behavior of students of an educational organization that develop at home, in institutions of additional education for children, etc.

Documents that do not have any of the features listed above (documents without official details, accepted by an incompetent official of the institution or in violation of the prescribed procedure, contrary to the law, regulating relations that develop outside the educational organization) cannot be considered local acts, do not entail any legal consequences and are subject to cancellation.

§ 2.3. Regulatory and individual local acts

Local legal acts of an educational organization can be normative and individual.

A local normative act is a legal document containing generally binding rules of conduct for all or some employees of an institution and (or) students (their legal representatives), designed for repeated use. For example, the charter, internal labor regulations, job description of the employee. The function of a local normative act is to detail, specify, supplement, and sometimes supplement the general, legislative (in the broad sense) legal norm in relation to the conditions of a given educational organization, taking into account the existing features, the specifics of the educational process in this educational organization, other conditions for the existence of the team.

Individual (non-normative, administrative, law enforcement) local acts are used to legalize a specific management decision and are not designed for repeated use. For example, an order for enrollment in the first class, for hiring, for deductions.

§ 2.4. Forms of local acts

Local acts are issued in the form of resolutions, orders, decisions, regulations, instructions and rules.

Resolution - a local regulatory or individual (administrative) legal act containing the decision of the collegiate governing body of an educational organization. The division of powers between the council of the educational organization and the head of the educational organization is determined by the charter of the educational organization ( paragraph 5 of Art. 35 Law of the Russian Federation "On Education")

An order is a local normative or individual (administrative) legal act issued by the head of an educational organization to solve the main and operational tasks facing a general educational institution. For example, an order on enrollment in an educational organization, on changing the name of a student, on approving the rules of conduct for students.

A decision is a local legal act adopted by a general meeting of employees (students, their legal representatives) to exercise the right to participate in the management of an educational organization. For example, the charter of an educational organization is adopted by the decision of the general meeting of the staff of the educational organization.

In addition, in educational organizations it is possible to issue such a type of local acts as an order. Orders are issued by the deputies of the head of the educational organization on information, methodological and organizational issues that are within their competence.

§ 2.5. Types of regulatory local acts

By resolutions and orders of the governing bodies, local regulations are approved and put into effect, adopted in the form of regulations, instructions and rules.

Regulation - a local regulatory legal act that establishes the legal status of the governing body of an educational organization, structural unit or the basic rules (order, procedure) for the implementation by an educational organization of any of its powers. As an example, we can cite the regulation on the library of an educational organization, the provision on intermediate certification and transfer of students.

Instruction (from Latin instructio - instruction) - a local regulatory legal act that establishes the procedure and method for carrying out, doing something. The instruction defines the legal status (rights, duties, responsibilities) of an employee in his position (job description, slang - “functional”), safe working practices (safety instructions for individual hazardous workplaces and classrooms), office management rules (instructions for office work ). Instructions are characterized by imperative (imperative, not allowing choice) normative prescriptions.

Rules - a local regulatory legal act that regulates the organizational, disciplinary, economic and other special aspects of the activities of an educational organization and its employees, students and their legal representatives. A typical example of this type of local acts can be the internal labor regulations, the rules of conduct for students, the rules on rewards and penalties for students.

§ 2.6. Classification of local acts by content

Rules, instructions, regulations can regulate various aspects of the life of an educational organization. It should be noted that there is no legislative distinction between the forms of local acts and many local acts can be issued in one form or another (for example, rules for conducting office work / instructions for office work).

Local acts, both regulatory and individual, are the means of legal support for the activities of an educational organization and are carried out within their competence, determined by paragraph 2 of Art. 32 Law of the Russian Federation "On Education".

In accordance with the competence of an educational organization, the following areas of local legal support for its core activities can be distinguished:

(1) legal registration of the status of an educational organization, formation of the structure of the institution and management bodies;

(2) legal support of the educational process (the process of education and upbringing) and its methodological support;

(3) legal support of financial and economic activity;

(4) legal support for safe study and work conditions in an educational organization;

(5) legal support of office work (documentary support);

(6) legal support of labor relations (work with personnel);

(7) legal support of logistics.

The subject of inspections by the supervisory authorities in the field of education is not the entire array of local acts of the educational organization, but mainly the first two areas of activity and partially directions (4) and (5), for example, in terms of implementing the requirements Art. 51 Law of the Russian Federation "On Education" and regulation of the procedure for storing and filling out documents on education of a state standard.

Control tasks for topic 2

1. What are the main features that characterize the local acts of educational institutions

2. List the types of local acts of educational institutions, indicate their distinguishing features

3. Name examples of local acts that are the subject of inspections by state authorities for supervision in the field of education

1. Constitution of the Russian Federation (adopted by popular vote on December 12, 1993);

2. Civil Code of the Russian Federation. Part one. Federal Law No. 51-FZ of November 30, 1994 (with subsequent amendments and additions);

3. Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education" (as amended by Federal Law of January 13, 1996 No. 12-FZ, with subsequent amendments and additions);

4. Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs" dated August 8, 2001 No. 129-FZ (with subsequent amendments and additions);

5. Federal Law "On Non-Commercial Organizations" dated January 12, 1996 No. 7-FZ (with subsequent amendments and additions);

6. Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation” No. 124-FZ dated July 24, 1998 (with subsequent amendments and additions);

7. Model Regulations on an Educational Institution of Primary Vocational Education. Approved by Decree of the Government of the Russian Federation of July 14, 2008 No. 521;

8. GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork”, approved by the Resolution of the State Committee of the Russian Federation for Standardization and Metrology dated March 3, 2003 No. 65-st.

Local acts of a general educational institution.

The concept of "local act of a general educational institution"

The local act of a general education institution is an official legal document based on legislation, adopted in the prescribed manner by the competent school management body to regulate intra-school relations.

The local act has the following distinctive features.

1. The locality of the act means that the act is valid only within the given organization. Local acts of the school cannot regulate relations that develop outside the general educational institution.

2. A local act is always based on legislation in the broadest sense of the word, i.e. not only on federal laws and laws of the subject of the Russian Federation, but also on by-laws.

The legal support of the activity of a general educational institution is of a multilevel nature. There are the following levels of legal support:

1) Federal level. Legal support at this level consists in the adoption of federal laws based on the Constitution of the Russian Federation, decrees of the President of Russia, resolutions of the Government of Russia and regulatory legal acts of sectoral executive authorities, primarily the Ministry of Education of Russia.

2) The level of the subject of the Russian Federation. At this level, laws and other regulatory legal acts of state authorities of a constituent entity of the Russian Federation are adopted that ensure the activities of educational institutions.

3) Municipal level. Regulatory legal acts of local governments in the field of education are of the greatest importance for municipal educational institutions.

4) Local regulations of the educational institution. These include orders, instructions, regulations adopted within their competence by the governing bodies of an educational institution and binding on participants in the educational process or, more broadly, employees, students and their legal representatives of a particular educational institution.

The listed normative legal acts are in hierarchical subordination. This means that the laws of the Russian Federation cannot contradict the Constitution of the Russian Federation, decrees of the President of the Russian Federation - the Constitution and federal laws, decrees of the Government of the Russian Federation - the Constitution and laws of the Russian Federation, the charter of an educational institution - the Constitution, laws and decrees of the Government of the Russian Federation, etc. Therefore, changes in the legal regulation of education, for example, at the federal level entail a chain reaction of changes at all other levels. True, under one important condition: if the changes in legal regulation were carried out by federal government bodies within their competence.

3. The local act of the school is the official legal act, i.e. a written document containing the necessary details: a name reflecting the form of the act and its summary, date of issue, serial (registration) number, signature of an authorized official, if necessary, an approval visa and a seal of a general education institution.

4. To be valid, the local act of the school must be not only an official legal act that complies (not contradicting) with the law, but also an act adopted by the competent governing body of the educational institution. The division of powers between the headmaster and school self-government bodies is determined by the charter of the educational institution, which is sometimes figuratively called the constitution of the school*.

Types of local acts of a general educational institution

Local legal acts of the school can be normative and individual.

A local normative act is a legal document containing generally binding rules of conduct for all or some school employees and (or) students (their legal representatives), designed for repeated use. For example, the charter of the school, the internal labor regulations, the job description of the employee. The function of a local normative act is to detail, specify, supplement, and sometimes supplement the general, legislative (in the broad sense) legal norm in relation to the conditions of a given school, taking into account the existing features, the specifics of the educational process in a given educational institution, other conditions for the existence of a school team.

Local acts of the school are issued in the form of resolutions, orders, decisions, regulations, instructions and rules.

Decree - a local normative or individual legal act containing the decision of the collegiate governing body of the educational institution. For example, a resolution of the School Council on the approval of the school component of the state educational standard for general education, a resolution of the School Council on the leasing of property assigned to the school, a resolution of the School Council on the expulsion of a student from the School.

Order - a local normative or individual (administrative) legal act issued by the principal of the school to solve the main and operational tasks facing the educational institution. For example, an order for employment, an order for the approval of the rules of the internal labor regulations of the school.

Decision - a local legal act adopted by the general meeting of employees (students, their legal representatives) to exercise the right to participate in the management of a general education institution. For example, the decision of the general meeting on the election of representatives of employees to the commission on labor disputes of the school; the decision of the parent meeting (meeting of students of the II and III levels) on the election of their representatives to the School Council. Local acts of the school, adopted in the form of decisions, as a rule, are not of a normative nature.

By resolutions and orders of the school governing bodies, local regulations are approved and put into effect, adopted in the form of regulations, instructions and rules.

Position - a local normative legal act that establishes the legal status of the school management body, structural unit of the school or the basic rules (order, procedure) for the implementation by a general educational institution of any of its powers. As an example, we can cite the regulation on the school library, the regulation on remuneration and bonuses for employees, the regulation on intermediate certification and transfer of students.

Instruction (from lat. instructio - instruction) - a local regulatory legal act that establishes the procedure and method for carrying out, doing something. The instruction defines the legal status (rights, duties, responsibilities) of an employee in his position (job description, slang - “functional”), safe working practices (safety instructions for individual hazardous workplaces and classrooms), office management rules (instructions for office work ). Instructions are characterized by imperative (imperative, not allowing choice) normative prescriptions.

rules - a local regulatory legal act regulating the organizational, disciplinary, economic and other special aspects of the activities of the school and its employees, students and their legal representatives. A typical example of this type of local acts can be the rules of the internal labor regulations of the school, the rules for admission to the school, the rules for the conduct of students, the rules on rewards and penalties for students.

Rules, instructions, regulations can regulate the most different aspects of school life. In addition to these local regulations, there are specific local acts that regulate social and labor relations (for example, a collective labor agreement).

Classification of local acts in the areas of activity of the school

Local acts, both normative and individual, are the means of legal support for the activities of the school. At the same time, the importance of local regulations is especially great, since the rule-making activity of the school is associated with ensuring the independence (autonomy) of the educational institution provided for by law.

The normative activity of the school is carried out within its competence, defined by Art. 32.2 of the Law of the Russian Federation "On Education".

In accordance with the competence of a general education institution, the following areas of local legal support for its core activities can be distinguished:

legal support for the constitution of an institution as a general educational institution (creation, licensing, attestation and state accreditation of an educational institution, formation of the structure of the institution and governing bodies);

legal support of the educational process (the process of education and upbringing) and its methodological support;

legal support of financial and economic activity;

legal support of material and technical supply;

legal provision of safe conditions for study and work in a general education institution;

legal support of labor relations (work with personnel);

Legal support of office work (documentary support) of all aspects of the activities of a general educational institution.

In the enlarged areas of school activity, the legal support for the management of a general education institution requires, as a rule, the adoption of the following local acts:

1) Acts defining the legal status of a general education institution, acts on school self-government bodies:

Charter of a general educational institution;

Regulations on the Council of a general education institution;

Regulations on the Board of Trustees;

Regulations on the Pedagogical Council.

2) Acts defining the status of structural units of a general educational institution and specifying the rights and obligations of participants in the educational process:

Regulations on structural divisions;

Internal labor regulations;

staffing;

Job descriptions of employees;

Regulations on the procedure and conditions for granting long leave for continuous pedagogical work;

Regulations on admission to a general educational institution;

Internal regulations for students;

Regulations on intermediate certification and transfer of students to the next class;

Regulations on the conditions of training according to individual curricula.

3) Acts, the action of which is aimed at ensuring healthy and safe working and study conditions:

Instructions on fire safety measures;

Safety instructions for individual hazardous workplaces and classrooms (laboratories, workshops).

4) Acts related to the organization and educational and methodological support of the educational process:

Regulations on the component of the general education institution of the state educational standard of general education;

List of textbooks from the approved federal list of textbooks recommended (approved) for use in the educational process;

Educational programs and curricula;

Work programs of training courses and disciplines;

Calendar training schedules;

Class schedules.

5) Acts related to wages and financial and economic activities of a general education institution:

Regulations on wages and bonuses for employees;

Regulations on the procedure for providing additional educational services;

Regulations on entrepreneurial activity.

6) Acts that ensure the correct office work of a general educational institution:

Nomenclature of school affairs;

Business Instructions.

This list is not exhaustive. Moreover, many of the enumerated acts are not obligatory.

These acts differ not only in content, but also in the procedure for their adoption. Thus, the charter of the school is developed and adopted by the educational institution, but approved by its founder. The internal labor regulations and a number of other local regulatory legal acts are adopted taking into account the opinion of the elected trade union body representing the interests of school employees. Annual calendar study schedules are developed and approved in agreement with local governments. Many regulatory legal local acts require registration as additions to the charter of the school. More details about the procedure for the adoption (approval) of specific local regulations will be discussed in the practical part of the course.