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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of The Legal Status Of Autonomous Institutions

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием правового положения автономных учреждений

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the improvement of the legal status of the Autonomous Institutions Adopted by the State Duma on 5 July 2011 Approved by the Federation Council on July 13, 2011 (In the wording of Federal Law dated 29.12.2015 N 406-FZ Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 145; 1998, N 48, sect. 5849; 2002, N 12, est. 1093; 2006, N 45, sect. 4627; 2007, N 1, sect. 37; 2010, N 19, sect. 2291; N 30, est. 3995) The following changes: 1) in Article 4: a), paragraph 1 should be redrafted to read: " 1. A non-profit organization has a name that contains an indication of its organizational and legal nature and the nature of its activities. The name of a non-profit organization created in the form of a state or municipal institution may include an indication of its type. "; b) to supplement paragraph 1-1 as follows: " 1-1. A non-profit organization whose name is duly registered has the exclusive right to use it. "; 2) in the fifth paragraph of article 14, paragraph 3, of the word" type of budgetary institution ", respectively. or "ordered institution" to be replaced by ", indicating the type of institution"; 3), article 17-1, should be added to paragraph 4 as follows: " 4. The State or municipal institution, on change of type, is entitled to carry out its statutory activities on the basis of licences, certificates of State accreditation and other authorized documents issued to that effect. The Conference of the States Members of the United Nations This does not require the reissuance of documents confirming the existence of licences, in accordance with the legislation on the licensing of certain activities and the redesign of other permissive documents. "; 4) in the paragraph in the third paragraph. Article 24, word "(stacking)" should be deleted. Article 2 Amend Part Two of the Tax Code of the Russian Federation (Collection of legislation of the Russian Federation, 2000, N 32, sect. 3340; 2001, N 1, article 18; N 33, est. 3413; 2002, N 1, st. 4; N 22, Text 2026; N 30, sect. 3027, 3033; 2003, N 1, st. 2, 6; N 28, est. 2886; N 52, sect. 5030; 2004, N 27, sect. 2711; N 31, st. 3220, 3231; N 34, st. 3520, 3522, 3524, 3525; N 35, sect. 3607; N 41, est. 3994; N 45, sect. 4377; 2005, N 1, st. 30; N 24, est. 2313; N 30, sect. 3117, 3128, 3129; N 52, sect. 5581; 2006, N 1, sect. 12; N 3, est. 280; N 23, st. 2382; N 31, est. 3436, 3443; N 45, est. 4627; N 52, sect. 5498; 2007, N 1, st. 31, 39; N 21, est. 2462; N 22, st. 2563, 2564; N 31, st. 3991, 4013; N 49, sect. 6045, 6071; N 50, sect. 6237, 6245; 2008, N 18, sect. 1942; N 27, sect. 3126; N 30, est. 3591, 3614; N 48, est. 5500, 5519; N 49, stop. 5723; N 52, 6218, 6219, 6237; 2009, N 1, st. 13, 19, 21, 31; N 11, st. 1265; N 29, st. 3582, 3598, 3639; N 30, 100. 3739; N 48, sect. 5711, 5731; N 51, est. 6153, 6155; N 52, sect. 6444, 6450, 6455; 2010, N 15, st. 1737; N 19, st. 2291; N 31, est. 4198; N 32, sect. 4298; N 40, sect. 4969; N 47, st. 6034; N 48, sect. 6247; N 49, sect. 6409; 2011, N 1, st. 7, 9, 21, 37; N 11, st. 1492; N 23, st. 3262; N 24, sect. 3357) the following changes: 1) Article 146, paragraph 2, to supplement subparagraph 4-1 as follows: " 4-1) performance of work (services) of executed agencies, as well as budgetary and autonomous institutions within the framework of a State (municipal) task, the source of financial support of which is the subsidy from the corresponding budget of the Russian budget system; "; 2) in article 251, paragraph 1 (14): new paragraph fourth paragraph: " as limits Budget obligations (budget appropriations) brought before 1 July 2012 in the prescribed manner to budgetary institutions that are budget recipients; "; b) paragraphs 4 to 19, respectively Paragraphs 5 to 20; 3) to add the following text: " Article 331-1. Features of tax accounting budget institutions 1. Prior to 1 July 2012 by the budgetary institutions which are budget recipients and are using the funds they received from the provision of paid services, pro bono income from natural and legal persons, International organizations and (or) Governments of foreign States, including voluntary donations, and funds from other revenue-producing activities, apply the following provisions: (1) if at the expense of the budget Implementation of the Convention on the Financial support for utilities, communications, transportation costs for management and administration personnel, all types of repairs to property, fixed assets, income derived from fee-based services Other income-generation services and revenue-producing activities, for tax purposes, for the reduction of income from fee-for-service and other gainful activities income and income received under earmarked funding, is proportional to the share of income earned from the provision of paid services and other revenue-producing activities in the total amount of income (including income received under earmarked funding); 2) if by The budget allocated to these institutions does not include the provision of financial support for utilities, communication services (excluding mobile (mobile) communications) and the repair of fixed assets, Acquiillations (established) from budget, these costs are taken into account at the time of the The determination of the tax base for the provision of paid services and other revenue-producing activities, provided that the exploitation of such essential assets is related to the provision of paid services and the implementation of other revenue-producing activities. 2. The total income for the purposes referred to in paragraph 1 of this article does not take into account the unrealized income (income derived from interest on bank account contracts, bank deposits, income derived from the rental of property, Foreign exchange differences and other income). "; 4) article 333-35, paragraph 1, to be supplemented by 1-1, as follows: " 1-1) budgetary institutions that are the recipients of the budget until 1 July 2012, for the right to use " OF THE PRESIDENT OF THE RUSSIAN FEDERATION the phrases in the names of these institutions; ". Article 3 Article 3 of the Federal Law of 3 November 2006 of the Russian Federation " (Legislative Assembly of the Russian Federation, 2006, 4626; 2007, N 31, sect. 4012; N 43, sect. 5084; 2010, N 19, sect. 2291; 2011, N 25, 100 3535), the following changes: 1) in Article 2: a) Part 1 is supplemented with the words "(including in the work with children and young people in these areas)"; b) in Part 3 of the words " in credit institutions or front account "replace" with "in credit organizations and (or) personal accounts"; in part 3-2 words ", on the basis of agreements concluded by the founders of autonomous institutions with the territorial bodies of the Federal Treasury. delete; g) Part 3-4, amend to read: " 3-4. Cashier operations with funds of autonomous institutions that are open to personal accounts in accordance with Parts 3 to 2 and 3 to 3 of this Article shall be carried out on behalf of and on behalf of the designated agencies by the territorial bodies of the Federal The Treasury, the financial authorities of the constituent entities of the Russian Federation and municipal entities, in accordance with the procedure established by the Federal Treasury, the financial institution of the constituent entity of the Russian Federation, and the municipal education, within the limits of fund balance reflected on the appropriate front account. "; d) supplement parts 3-5-3-23 as follows: " 3-5. Accounts opened by the territorial bodies of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation and municipal entities to account for transactions with funds received by autonomous institutions are serviced by institutions OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3-6. Transactions with funds received by autonomous agencies from the respective budget of the Russian Federation budget system in accordance with article 79, paragraph 5, of the Budgetary Code of the Russian Federation, in accordance with the procedure established by the relevant budget The Government of the Russian Federation, the supreme executive body of the State authority of the constituent entity of the Russian Federation, the local administration of municipal education, is taken into account in the separate personal accounts of the autonomous institutions open to them. and the territorial bodies of the Federal Treasury and the financial authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3-7. In accordance with article 78, paragraph 1, second paragraph 1, of the budget code of the Russian Federation, transactions with funds received by autonomous agencies from the budget system of the Russian Federation are taken into account in the budget of the Russian Federation. In accordance with Part 3 of this article, in accordance with the provisions of the Convention on the Rights of the OF THE PRESIDENT OF THE RUSSIAN FEDERATION Municipal entities. 3-8. Transactions with funds from autonomous agencies under compulsory health insurance are recorded in separate front accounts of autonomous institutions to account for the compulsory health insurance In the territory of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation and municipal entities. 3-9. Expenditure of autonomous agencies with funds received by autonomous agencies in accordance with paragraph 1 of article 78-1 of the Budget Code of the Russian Federation and taken into account in the accounts The autonomous institutions that they open in the territorial bodies of the Federal Treasury, the financial bodies of the constituent entities of the Russian Federation and the municipal entities are not submitted to the territorial bodies of the Federal Treasury, of the constituent entities of the Russian Federation of the Convention on the Rights of the 3-10. Costs of autonomous institutions whose financial security source is the funds received by the autonomous institutions in accordance with paragraph 2, second paragraph 1 of article 78-1 (in the case of operations with these funds on the front line) The accounts of the autonomous institutions open to them in the territorial bodies of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation, municipal entities) and article 79, paragraph 5, of the Budgetary Code of the Russian Federation are implemented. after verifying the documents confirming the origin of the money and the consistency of the content of these operations with the classification codes of the operations of the public administration sector and the purpose of providing subsidies and budgetary investments in accordance with the procedure established by the relevant financial authority. authorizing these costs. (Spaged by Federal Law of 29.12.2015) N 406-FZ) 3-12. Autonomous institutions shall carry out in the procedure established by the Government of the Russian Federation, the supreme executive body of the State authority of the constituent entity of the Russian Federation, the local administration of municipal education, the powers Accordingly, the Federal Government, the executive body of the State, the constituent entity of the Russian Federation and the local self-government body for the performance of public obligations towards individuals, in cash. 3-13. Financial enforcement of the exercise by autonomous agencies of the powers of the federal authority of the State (public authority), the executive body of the State authority of the constituent entity of the Russian Federation, the local self-government body The execution of public obligations to individuals to be executed in monetary form shall be carried out in accordance with the procedure established by the Government of the Russian Federation, the highest executive body of the State. THE RUSSIAN FEDERATION Municipal education. 3-14. Activities carried out by autonomous institutions in the cases and in the manner prescribed by the normative legal acts of the Government of the Russian Federation, by normative legal acts of the supreme executive organ of the State The authorities of the constituent entity of the Russian Federation, the legal acts of the local administration of the municipality, on behalf of and on behalf of the federal public authority (the public authority), the State organ of the entity, respectively of the Russian Federation, the local authorities and the The performance of public liabilities to individuals to be executed in monetary form shall be taken into account in the face account opened to the appropriate public authority (public authority), the local self-government body as The recipient of the budget. 3-15. Not used in the current financial year the balance of funds provided to an autonomous institution from the corresponding budget of the Russian Federation budget system in accordance with paragraph 1 of article 78-1 of the Budget Code of the Russian Federation The Federation is used in the next financial year in accordance with a plan of financial and economic activity of an autonomous institution to achieve the objectives for which this institution has been established. 3-16. The balance of funds available to an autonomous institution under compulsory health insurance in the current fiscal year is used in the next fiscal year for the same purpose. 3-17. Not used in the current financial year the balance of funds provided to an autonomous agency from the corresponding budget of the Russian Federation under the second paragraph 1 of Article 78-1 (in the case of transactions with by these funds on the front accounts of the autonomous institutions opened by the territorial bodies of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation, municipal entities) and article 79, paragraph 5, of the Budget Code OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3-18. The balances of the funds referred to in part 3 to 17 of this article, as listed by the autonomous institutions in the respective budget of the budgetary system of the Russian Federation, may be returned to the autonomous agencies in the next financial year, if available. Requirements for the same purpose, in accordance with the decision of the relevant body exercising the functions and powers of the founder of the autonomous institution. 3-19. Collection of funds from autonomous institutions whose personal accounts are opened in the territorial bodies of the Federal Treasury, the financial bodies of the constituent entities of the Russian Federation and municipal entities is carried out in a similar manner In accordance with article 30, paragraph 1, of the Federal Act of 8 May 2010 on amendments to certain legislative acts of the Russian Federation in connection with the improvement of the legal status of the State (municipal) institutions " for budgetary institutions. 3-20. To establish that, as of 1 January of the current financial year, the balances of the autonomous institutions in the accounts of the territorial bodies of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation and the municipal entities that are open to the OF THE PRESIDENT OF THE RUSSIAN FEDERATION OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the year in which they were previously listed in accordance with this Part, in accordance with the procedure established by the Ministry of Finance of the Russian Federation, the financial authority of the constituent entity of the Russian Federation and municipal education. 3-21. The operations with the funds of autonomous institutions shall be carried out no later than the second working day following the day of submission by autonomous agencies of the settlement documents issued in accordance with the procedure established by the Ministry of Finance of the Russian Federation. and the Central Bank of the Russian Federation. 3-22. In the event that the personal accounts are opened in the territorial bodies of the Federal Treasury, the financial authorities of the constituent entities of the Russian Federation, the municipalities, the accounts that are intended for cash transfers, The autonomous agencies, their separate units, are serviced by credit organizations without charging them. 3-23. The activities of the autonomous institutions are monitored by: 1) by federal public authorities exercising the functions and powers of the founders of the autonomous institutions established on the basis of federative property. property; 2) in accordance with the procedure established by the supreme executive body of the constituent entity of the Russian Federation, with regard to autonomous institutions established on the basis of property owned by the Russian Federation Federation; 3) in a local order by the municipal education authorities, in respect of the autonomous institutions established on the basis of property owned by municipal property. "; (e) Part 13: in the first paragraph of the word" following " In the words "the information contained in the following documents"; paragraph 7 should read as follows: " 7) a plan for the financial and economic activities of an autonomous institution drawn up and approved in the order that shall be established by the authority exercising the functions and powers of the founder. of the autonomous institution, in accordance with the requirements defined by the Ministry of Finance of the Russian Federation; "; to supplement paragraphs 10 to 12 of the following content: " 10) documents resulting from the control system ". Activities undertaken in relation to an autonomous institution; 11) State (municipal) service job (work); 12) report on the performance of the autonomous agency and on the use of State (municipal) property established and approved in the order established by the organ exercising the functions and powers of the founder of the autonomous institution and in accordance with the general requirements defined by the Ministry of Finance of the Russian Federation. "; (g) To be completed with Part 14, to read: " 14. The information, as defined in Part 13 of this article, shall be placed by the Federal Treasury on its official website in the Internet Information and Telecommunications Network on the basis of information provided by an autonomous agency or body, The functions and powers of the founder of the said institution. The provision of such information, placing it on the official website of the Federal Treasury in the Internet Information and Telecommunications Network, and the maintenance of this website are carried out in accordance with the procedure established by the Ministry of Finance of the Russian Federation. Federation. "; 2) in article 4, paragraph 3, of the phrase", taking into account activities aimed at the development of autonomous institutions, the list of which shall be decided by the founder ", should be supplemented with the following sentence:" Financial security activities aimed at the development of autonomous institutions, the list of which shall be determined by the authority exercising the functions and powers of the founder, by subsidies from the corresponding budget of the Russian budget system. "; 3) in article 5, paragraph 12, of the phrase" article 11 of the Federal Act of 8 In August 2001, N 128-FZ "On the licensing of certain activities" would be replaced by the words "with legislation on the licensing of certain activities"; 4) to supplement article 6-1 as follows: " Article 6-1. Offline Name 1. The autonomous institution has a name indicating its organizational and legal form and the nature of its activity. 2. The name of the autonomous institution may include an indication of its type. "; 5) in article 7, paragraph 2: (a) in paragraph 1 of the word" including the words "autonomous institution" and " delete; b) to supplement paragraph 1-1 , to read: "1-1) an indication of type-" autonomous institution ";"; 6), article 9, paragraph 8, after the words "Federal law" to read "and other federal laws"; 7) in article 18: (a) in the first paragraph of Part 5, "Budget" should be replaced with the words " Unless otherwise provided. Federal Law, Budget "; b) to be supplemented with Part 6, as follows: " 6. When the type of autonomous institution is changed, the institution is entitled to carry out its statutory activities under licences, certificates of State accreditation and other authorized documents issued to that institution. changes of its type until the end of the period of validity of such documents. This does not require the reissuance of documents confirming the existence of licences, in accordance with the legislation on the licensing of certain activities and the redesign of other permitting documents. "; Part 1 to 1: " 1-1. The decision on liquidation and liquidation of the autonomous institution is carried out in accordance with the procedure established by: 1) by the Government of the Russian Federation with regard to federal autonomous institutions; 2) supreme by the executive body of the constituent entity of the Russian Federation in relation to autonomous institutions of the constituent entity of the Russian Federation; 3) by the local administration of municipal education in relation to municipal autonomy of institutions. ". Article 4 Enact Federal Law N 83-FZ " On introducing amendments to certain legislative acts of the Russian Federation in connection with the improvement of the legal situation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2291; N 49, sect. 6409) the following changes: 1) in article 30, paragraph 17, the words "for the same purpose" are replaced by the words "in order to achieve the purposes for which these institutions are established"; (2) in article 31: (a) in Part 14 of the word " before the day of entry into force of this Federal Law "shall be deleted, the words" shall be subject to reorganization or liquidation within one year after the date of the official publication of this Federal Act "shall be replaced by the words" and other federal laws for autonomous institutions; for which no decision on reorganization has been taken until 1 January 2012, of liquidation or modification of their type, shall be budgetary institutions from 1 January 2012 under this article without additional decisions to modify their type, unless otherwise provided by federal law ", to supplement the proposal to read: "The authority of the supervisory boards of such institutions shall cease to be effective 1 January 2012."; b) to be supplemented by Part 14-1, as follows: " 14-1. To the public authorities (State bodies), local authorities, exercising the functions and powers of the founders of the institutions referred to in Part 14 of this article, to ensure that their statutes are introduced by 1 February 2012 Changes arising from Part 14 of this Article and the opening of the personal accounts of these institutions in the territorial bodies of the Federal Treasury and the financial bodies of the constituent entities of the Russian Federation (municipal authorities) education). "; in), 15 is deemed to be void. Article 5, Paragraph 5 of Article 2 of the Federal Law of 27 July 2010 N 210-FZ " On the Organization of the Provision of Public and of the Russian Federation " (Legislative Assembly of the Russian Federation, 2010, No. 31, art. 4179), after the words "organizational and legal form" to be supplemented by the words "(including being an autonomous institution)". Article 6 1. This Federal Law shall enter into force on the date of its official publication, with the exception of the provisions for which this article has been set differently. 2. Article 2, paragraph 1, and paragraphs 5, 8 and 17 of article 3, paragraph 1, of this Federal Act shall enter into force on 1 January 2012. 3. To establish that the provisions of paragraph 4 of article 251, paragraph 1, subparagraph 1, of article 331-1 of the second paragraph of the second Tax Code of the Russian Federation The wording of this Federal Act applies to the legal relations that have arisen since 1 January 2011. 4. To establish that the provisions of article 31, paragraphs 14 and 14 to 1, of the Federal Act of 8 May 2010, No. 83 FZ " On amendments to selected legislative measures, The acts of the Russian Federation in connection with the improvement of the legal status of State (municipal) institutions " (as amended by the present Federal Act) do not extend to credit promotion funds (guarantee funds, funds and other funds). ), business incubators and microfinance institutions up to 1 January 2011, in the form of autonomous institutions. The organizations referred to in this part are entitled to carry out their activities in the form of autonomous institutions. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 18 July 2011 N 239-FZ