At the end of 2006, the State Duma adopted the Federal Law on the establishment of a new legal form of organization.This form was called "autonomous institution".Its formation is a requirement of time and due to the implementation of reforms in the budget process.Independent institution intended to provide public services.
should be noted that in the course of the adoption of the law was enough expressed "for" and "against."But the establishment of organizational and legal form became popular in many areas of the country.For example, to provide public services in the field of education formed an autonomous educational institution.To clarify the legal capacity of the new organizational and legal forms have been made appropriate adjustments to the Budget, the Civil Code, as well as relevant legislation.
According to the general concept, the establishment of a non-profit organization.It is formed by the owner for the purpose of socio-cultural, administrative and other non-profit functions.The Civil Code divides institutions into two groups: municipal or public and private.Private
formed a citizen or a legal entity.Of the second group are based on the implementation of local, state power or authority of the subject of the Russian Federation.In turn, under the law can be formed municipal autonomous institution or a municipal budget organization.The same applies to government organizations.
Thus, an autonomous institution is a non-profit organization, which formed the subject, the Russian Federation and local authorities to carry out works and services in order to implement the powers of state authorities, social protection, culture, science and other areas of the legislation.This organization is recognized as a legal person and may acquire, implement moral and economic rights, act, and to act the defendant and the plaintiff in the court on their behalf.
autonomous institution can be formed in two ways: a change in the existing organization, or by the formation of a new one.
should be noted that the formation of the organization of the first way the law does not allow the removal or reduction of assets (cash included), assigned to it.
in accordance with the law of an autonomous institution permitted one founder.He admits:
- subject of the Russian Federation - in relation to an institution formed on the basis of the property, which is owned by the subject.
- Russian Federation - to the organization, which is formed on the basis of property owned by the Federation.
- Municipality - regarding the institution established on the basis of the property belonging to the municipal property.
Each such organization must be the statute.The document approved by the founder.It must contain certain information.In particular, the document states:
- Entity.This title must include the words "autonomous institution".Name of the company must contain information on the nature of its activities, as well as the owner of the property.
- place where the institution is located.
- information about the Authority, which exercises the powers and functions of the founder.
- Objectives and scope of the organization.
- competence, structure, order of formation of institutions, procedures and terms of office.
- Other information provided by the legislation.
