Charters of educational organizations under the new law. Charter of an educational organization (sample form)

New requirements for the charter of an educational organization

On September 01, 2013, the Federal Law "On Education in the Russian Federation" dated December 29, 2012 N 273-FZ came into force. Prior to the entry into force of the Federal Law on Education, educational institutions, state authorities and local governments that manage education had a period of eight months to study this legal document andacceptancenecessarycomplexorganizationalmeasures aimed at ensuring an effective and competent transition to functioning in accordance with the new law.

Heads of educational institutions often have the following questions: “What requirements does the new law impose on the content of the charter of an educational organization?”, “Is it necessary to change the charter?”, “What new local regulations should appear in an educational institution?”, “Does the name of the educational institution change? institutions in connection with the replacement of the term "educational institution" with the term "educational organization?" and etc.

There are several articles in federal law No. 273-FZ that contain requirements for the content of the charter. The main article No. 273-FZ, dedicated to the charter of an educational organization, is article 25 "Charter of an educational organization."

According to Part 2 of Article 25 of the Federal Law№273-FZ"On Education in the Russian Federation", the charter of the educational organization should contain, along with the information provided for by the legislation of the Russian Federation, the following information:

1) type of educational organization;

2) the founder or founders of the educational organization;

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

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

Part 5 Art. 26, part 1 of article 30 and part 3 of article 52 of the Federal Law "On Education in the Russian Federation" supplement these requirements. In addition to the information required by Article 25№273-FZThe articles of association must also include the following information:

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

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

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

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

The new law, in contrast to the Law of the Russian Federation "On Education" dated July 10, 1992 No. 3266-1, which has become invalid,does not require the following to the content of the charter of the educational organization, namely the availability of the following information:

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

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

b) rules for the admission of students, pupils;

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

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

e) assessment system for intermediate certification, forms and procedure for its implementation;

f) the mode of employment of students, pupils;

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

Opening accounts with a territorial body of the Federal Treasury, a financial body of a subject of the Russian Federation (municipal formation) (with the exception of non-state educational institutions and autonomous institutions);

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

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

List of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.

Thus,№273-FZmakes much less demands on the content of the charter of an educational organization than the Law of the Russian Federation “On Education” dated July 10, 1992 No. 3266-1, which has become invalid. Reducing the requirements for the content of the charter of an educational organization is a positive thing for the heads of educational organizations, since the smaller the content of the document, the less likely it is that its text will contain provisions that do not comply with the legislation of the Russian Federation in the field of education. An educational organization, of course, can optionally include in the text of the charter, for example, provisions regulating the rules for the admission of students or the procedure for recruiting employees of an educational organization, but most likely the inclusion of these provisions in the charter will only be to the detriment of the educational organization, since the legislation is regularly changed and supplemented . According to part 2 of article 30 of the new law,on the main issues of the organization and implementation of educational activities, including regulating the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for registering the occurrence, suspension and termination of relations between the educational organization and students and (or) parents(legal representatives) minors of their students, the educational organization adopts local regulations. Based on this rulefederal law№273-FZ(part 2 of article 30) main issues of organization and implementation of educational activitiesshould not be regulated in the charter , and in other local regulations of the educational organization. It is beneficial for the head of an educational organization to regulate the main characteristics of the organization of the educational process in local regulations, since if it is necessary to make changes, for example, to the mode of study of students, it will not be necessary to go through a complicated procedure for amending the charter of an educational organization, but it will be enough to make changes to the corresponding local regulatory Act.

Federal Law No. 273-FZis not the only normative act that should be followed when drafting the text of the charter. Since the educational organization is a non-profit organization, it is necessary to take into account the requirements of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations" for the content of the constituent documents of all non-profit organizations, as well as the general requirements for the constituent documents of legal entities imposed by the Civil Code of the Russian Federation.

According to part 3 of article 14Federal Law No. 7-FZ of January 12, 1996 “On Non-Commercial Organizations”, the constituent documents of a non-commercial organization must define the name of the non-commercial organization, indicating the nature of its activities and legal form, the location of the non-commercial organization, the procedure for managing activities, the subject and goals of activity, information about branches and representative offices, rights and obligations of members, conditions and procedure for admission to membership in a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of property of a non-profit organization, procedure for amending the constituent documents of a non-profit organization, the procedure for using property in the event of liquidation of a non-profit organization and other provisions provided for by the legislation of the Russian Federation.

Subject to the provisions№273-FZ, Federal Law of 12.01.1996 N 7-FZ "On Non-Commercial Organizations" and the Civil Code of the Russian Federation, the following version of the structure of the charter of an educational organization is proposed:

General provisions

Subject, goals and activities of the Institution

Financial support of the activities of the Institution and property

4. Organization of activities andManagement of the Institution

5. Reorganization and liquidation of the Institution

6. Local regulations of the Institution

7. The procedure for making changes, additions to the Charter of the Institution

In accordance with Part 5 of Article 108 of the Federal Law№273-FZ, the names and statutes of educational institutions shall be brought into line with the Federal Law "On Education in the Russian Federation" no later thanJanuary 1, 2016, thus, educational institutions have enough time to carefully study the regulatory and legal requirements for the content of the main local document of an educational institution and develop a legally competent text of the charter.

Heads of educational institutions need to remember part 5 of article 108federal law№273-FZ, since it is possible that the regulatory authorities may not be aware of this rule, and may require educational institutions to bring their charters in accordance with the new law at other times. Note that no one can reduce the provisions of paragraph 5 of Article 108federal law№273-FZterm for educational institutions, including the founder. An educational organization has autonomy and independently decides when to bring the content of the charter in line with the new law, most importantly, no later than January 1, 2016.

Another issue of interest to the heads of educational institutions concerns changes in the name of the educational organization.the federal law№273-FZ replaced the term "educational institution" with the term "educational organization". In this regard, many leaders believe that in the name of their school it is necessary to replace the term "institution" with the term "organization".Recently issued letter from the Ministry of Education and Science of Russia dated 10.06.2013 "About the name of educationalinstitutions" (hereinafter - the letter) clarifies this issue. The letter notes that the concept of "educational organization" is used in the new law, due to the fact that educational organizations can be created not only in the form of an institution. In accordance with Part 5 of Article 23 of the Federal law on education, the name of the educational organization must contain an indication of itsorganizational and legal form and type of educational organization. According to part 1 of Article 22 of the Federal Law on Education, an educational organization is created in the form established by civil law for non-profit organizations. The organizational and legal forms of non-profit organizations in which educational organizations can be established are established by the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Profit Organizations" (hereinafter referred to as the Law on Non-Profit Organizations). One of the organizational and legal forms of non-profit organizations is, among other things, an institution (public, budgetary, autonomous).

In view of the foregoing, Federal Law on Education does not provide for the inclusion in the name of an educational organization of the generic name of all legal entities - "organization", from which it follows that in the term "educational institution" the word "institution" does not need to be changed to the word "organization".

Consider the following name:Municipal budgetary educational institution "Secondary school No. 2". Mandatory in accordance with the new law, from this name are two words: "general educational" and "institution". The concept of "institution" is an organizational and legal form, and the concept of "general educational" indicates the type of educational organization. Other information, indication of the owner of the institution(municipal ), an indication of the type of institution(budget) etc., is not mandatory and is indicated in the name by the decision of the educational organization itself. The names of the majority of educational institutions in the Chechen Republic comply with the new law.

According to the same part 5 of article 108 of the Federal Law on Education, the names of educational institutions, as well as charters, are subject to harmonization with the said law no later thanJanuary 1, 2016.

Findings:

1. The main characteristics of the organization of the educational process, including the rules for the admission, transfer and expulsion of students, as well as the provisions governing the legal status of participants in the educational process, now do not need to be indicated in the charter;

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

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

The charter of an educational institution must indicate: name, location (legal, actual address), status of the educational institution; founder; organizational and legal form of the educational institution; goals of the educational process, types and types of implemented educational programs; the main characteristics of the organization of the educational process, including: the language (languages) in which education and upbringing are conducted; the procedure for the admission of students, pupils; duration of training at each stage of training; the procedure and grounds for the expulsion of students, pupils; assessment system for intermediate certification, forms and procedure for its implementation; the mode of employment of students, pupils; the 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 institution and students, pupils and (or) their parents (legal representatives); the structure of the financial and economic activities of the educational institution, including in terms of: the use of property objects assigned by the founder to the educational institution; financing and logistical support for the activities of an educational institution; sources and procedure for the formation of the property of an educational institution; implementation of entrepreneurial activity; the procedure for managing an educational institution, including: the competence of the founder; structure, procedure for the formation of management bodies of an educational institution, their competence and procedure for organizing activities; the procedure for recruiting employees of an educational institution and the conditions for remuneration for their work; the procedure for changing the charter of an educational institution; the procedure for reorganization and liquidation of an educational institution; rights and obligations of participants in the educational process; a list of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.

The charter of a civil educational institution, to the extent not regulated by the legislation of the Russian Federation, is developed by it independently and approved by its founder.

If it is necessary to regulate the activities of the educational institution specified in this article by other local acts, the latter are subject to registration as additions to the charter of the educational institution.

Article 14. General requirements for the content of education

adequate to the world level of the general and professional culture of the society;

formation of a student's picture of the world adequate to the modern level of knowledge and the level of the educational program (level of education);

integration of personality into national and world culture;

the formation of a person and a citizen integrated into the society of his day and aimed at improving this society;

reproduction and development of the personnel potential of the society.

State educational authorities ensure the development of exemplary educational programs based on state educational standards.

An educational institution, in accordance with its statutory goals and objectives, may implement additional educational programs and provide additional educational services (on a contractual basis) outside the educational programs that determine its status.

An educational institution, when implementing educational programs, uses the capabilities of cultural institutions.

Article 13

1. The charter of an educational institution must indicate:

1) name, location (legal, actual address), status of the educational institution;

2) founder;

3) organizational and legal form of the educational institution;

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

5) the main characteristics of the organization of the educational process, including:

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

b) rules for the admission of students, pupils;

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

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

e) assessment system for intermediate certification, forms and procedure for its implementation;

f) the mode of employment of students, pupils;

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

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

6) the structure of the financial and economic activities of the educational institution, including in terms of:

a) use of property assigned to an educational institution;

b) financial and logistical support for the activities of an educational institution;

c) has expired. - Federal Law of August 22, 2004 N 122-FZ;

d) the implementation of income-generating activities (for state and municipal institutions - in cases that do not contradict federal laws);

e) a ban on transactions, the possible consequences of which are the alienation or encumbrance of property assigned to an educational institution, or property acquired at the expense of funds allocated to this institution by the owner of the educational institution, except in cases where such transactions are permitted by federal laws; f) the procedure for disposing of property acquired by the institution at the expense of income received from income-generating activities; g) opening accounts with a territorial body of the Federal Treasury, a financial body of a subject of the Russian Federation (municipal formation) (with the exception of non-state educational institutions and autonomous institutions);

7) the procedure for managing an educational institution, including:

a) the competence of the founder;

b) the structure, procedure for the formation of management bodies of an educational institution, their competence and the procedure for organizing activities;

c) the procedure for recruiting employees of an educational institution and the conditions for remuneration for their work;

d) the procedure for changing the charter of an educational institution;

e) the procedure for reorganization and liquidation of an educational institution;

8) rights and obligations of participants in the educational process;

9) a list of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.

2. The charter of a civil educational institution, to the extent not regulated by the legislation of the Russian Federation, is developed and adopted by the educational institution and approved by its founder. The procedure for approving the charter of a federal state educational institution is established by the federal executive body authorized by the Government of the Russian Federation, a state educational institution under the jurisdiction of a constituent entity of the Russian Federation - by an executive authority of a constituent entity of the Russian Federation, a municipal educational institution - by a local self-government body.

3. If it is necessary to regulate the activities of the educational institution specified in this article by other local acts, the latter shall be subject to registration as additions to the charter of the educational institution.

4. Local acts of an educational institution cannot contradict its charter.

Article 27

1. An educational organization operates on the basis of a charter developed and approved in accordance with the legislation of the Russian Federation, this Federal Law and other regulatory legal acts regulating relations in the field of education. Changes to it are adopted by a general meeting (conference) of employees and representatives students and are approved by the federal executive body in charge of the relevant educational institution.

3. The charter of an educational organization must contain, in addition to those provided for by the civil legislation of the Russian Federation, the following information:

2) the founder (founders) of the educational organization;

3) types of main activities (educational and other activities related to the provision of education) of an educational organization;

4) ongoing educational programs indicating their level and focus;

5) the language or languages ​​in which education and upbringing are conducted;

6) the main characteristics of the organization of the educational process, including:

a) rules for the admission of students;

b) the mode of study of students;

c) forms and procedure for organizing intermediate certification;

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

e) the procedure for regulating and formalizing the emergence of relations between the educational organization and students and (or) their parents (legal representatives);

7) rights and obligations of participants in educational relations;

8) other information, the inclusion of which in the charter of an educational organization is provided for by federal laws, other federal regulatory legal acts, as well as laws and other regulatory legal acts of the relevant subject of the Russian Federation.

The charter of an educational organization may contain other provisions that do not contradict the law. The charter of a professional educational organization and an educational organization of higher education (changes in the charter and additions to it) is adopted by a general meeting (conference) of teachers, researchers, as well as representatives of other categories of workers and students of this organization. In an educational organization, conditions must be created for all employees and students to familiarize themselves with its charter, proposals for amending it and for a free discussion of these proposals.

MODEL REGULATIONS ON GENERAL EDUCATIONAL INSTITUTION

1. General Provisions

1. This provision is typical for the following types of educational institutions: primary, basic, secondary general education schools, including those with in-depth study of individual subjects, lyceums and gymnasiums.

On the basis of this Model Provision, model provisions are being developed on the relevant types of state, municipal educational institutions.

On the basis of this Model Regulation and the Model Regulation on the relevant type of state, municipal educational institution, the general educational institution develops its charter. For non-state general educational institutions, the Model Provision performs the function of an exemplary one.

2. A state, municipal general educational institution (hereinafter referred to as a general educational institution) implements general educational programs of primary general, basic general, secondary (complete) general education.

A general education institution is the main link in the system of continuous education and provides all citizens of the Russian Federation with the opportunity to exercise the state-guaranteed right to receive free general education within the limits of state educational standards.

3. The activities of a general educational institution are based on the principles of democracy and humanism, accessibility, priority of universal values, human life and health, citizenship, free development of the individual, autonomy and the secular nature of education.

4. In its activities, a general educational institution is guided by the legislation of the Russian Federation, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, decisions of the relevant education management body, this Model Regulation.

5. The main goals of a general educational institution are the formation of a common culture of the personality of students on the basis of mastering the mandatory minimum of the content of general educational programs, their adaptation to life in society, creating the basis for a conscious choice and subsequent development of professional educational programs, education of citizenship, diligence, respect for rights and freedoms human, love for nature, motherland, family.

6. A general educational institution provides training and education in the interests of the individual, society, the state, ensures health protection and the creation of favorable conditions for the versatile development of the individual, including the possibility of meeting the needs of the student in self-education and obtaining additional education.

7. In a general educational institution, the creation and operation of organizational structures of political parties, socio-political and religious movements and organizations (associations) are not allowed.

8. A general education institution, in accordance with the procedure established by the legislation of the Russian Federation, is responsible for the quality of general education and its compliance with state educational standards, for the adequacy of the applied forms, methods and means of organizing the educational process to the age-related psychophysiological characteristics, inclinations, abilities, interests, requirements for protecting the life and health of students .

9. In order to ensure the availability and variability of general education, the creation of an educational infrastructure that provides favorable conditions for the training, education and development of citizens in accordance with their inclinations, abilities, interests and state of health, various types of general educational institutions can be created, the activities of which are regulated by the relevant model provisions.

General educational institutions of various types are created depending on specific tasks, requirements for the content of education, features of the educational process, mode of operation and conditions for budget financing.

10. Taking into account the needs and capabilities of the individual, general education programs are mastered in the following forms: full-time, part-time (evening), part-time; in the form of family education, self-education, external studies.

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

The conditions and procedure for mastering general education programs in the form of family education, self-education, external studies or a combination of various forms are established by the founder and (or) the charter of the general education institution and are carried out on the terms of an agreement between the general education institution and the parents (legal representatives) of students.

For all forms of education within the framework of a specific basic general education program, the state educational standard applies

Model provisions on educational institutions

Order of the Ministry of Education and Science of the Russian Federation of February 15, 2010 No. 117 "On Approval of the Model Regulations on the Cadet School and the Cadet Boarding School"

Decree of the Government of the Russian Federation of January 31, 2009 No. 82 "On approval of the Model Regulations on a military educational institution of higher professional education"

Decree of the Government of the Russian Federation of September 12, 2008 No. 666 "On approval of the Model Regulations on a preschool educational institution"

Decree of the Government of the Russian Federation of July 18, 2008 No. 543 "On approval of the Model Regulation on an educational institution of secondary vocational education (secondary specialized educational institution)"

Decree of the Government of the Russian Federation of July 14, 2008 No. 521 "On approval of the Model Regulation on an educational institution of primary vocational education"

Decree of the Government of the Russian Federation of February 14, 2008 No. 71 "On approval of the Model Regulations on an educational institution of higher professional education (higher educational institution)"

Decree of the Government of the Russian Federation of March 19, 2001 No. 196 (as amended on March 10, 2009) "On approval of the Model Regulation on a general education institution"

Order of the Ministry of Education of the Russian Federation dated July 25, 2000 No. 2311 "On Approval of the Model Regulations on Branches of State Educational Institutions of Secondary Vocational Education" (Registered in the Ministry of Justice of the Russian Federation on August 09, 2000 No. 2343)

Decree of the Government of the Russian Federation of December 30, 1999 No. 1437 (as amended on March 10, 2009) "On approval of the Model Regulations on the interschool educational complex"

Decree of the Government of the Russian Federation of September 05, 1998 No. 1046 (as amended on March 10, 2009) "On Approval of the Model Regulations on a General Education Boarding School with Initial Flight Training"

Decree of the Government of the Russian Federation of July 31, 1998 No. 867 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for children in need of psychological, pedagogical and medical and social assistance"

Decree of the Government of the Russian Federation of September 19, 1997 No. 1204 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for children of preschool and primary school age"

Decree of the Government of the Russian Federation of August 28, 1997 No. 1117 (as amended on March 10, 2009) "On approval of the Model Regulations on a health-improving educational institution of a sanatorium type for children in need of long-term treatment, and amendments to the Model Regulations on a general education boarding school and the Model Regulations on an educational institution for orphans and children left without parental care"

Decree of the Government of the Russian Federation of March 12, 1997 No. 288 (as amended on March 10, 2009) "On approval of the Model Regulation on a special (correctional) educational institution for students, pupils with disabilities"

Decree of the Government of the Russian Federation of July 1, 1995 No. 676 (as amended on March 10, 2009) "On approval of the Model Regulation on an educational institution for orphans and children left without parental care"

Decree of the Government of the Russian Federation of June 26, 1995 No. 612 "On approval of the model regulation on a general education boarding school"

Decree of the Government of the Russian Federation of June 26, 1995 No. 610 (as amended on March 31, 2003) "On approval of the Model Regulations on the educational institution of additional professional education (advanced training) of specialists"

Decree of the Government of the Russian Federation of April 25, 1995 No. 420 "On approval of the standard provision on a special educational institution for children and adolescents with deviant behavior"

Decree of the Government of the Russian Federation of March 07, 1995 No. 233 (as amended on March 10, 2009) "On approval of the Model Regulations on the educational institution of additional education for children"

Decree of the Government of the Russian Federation of November 03, 1994 No. 1237 (as amended on August 18, 2008) "On approval of the Model Regulations on the evening (shift) general education institution"

Order of the Ministry of Education and Science of the Russian Federation of February 15, 2010 No. No. 117 "On Approval of the Model Regulations on the Cadet School and the Cadet Boarding School"

Order of the Ministry of Education and Science of the Russian Federation dated December 01, 2005 No. 297 "On Approval of the Model Regulations on Branches of Federal State Educational Institutions of Higher Professional Education (Higher Educational Institutions)" (Registered in the Ministry of Justice of the Russian Federation on December 16, 2005 No. 7273)

At the same time, “other federal laws” include the current Civil Code of the Russian Federation, in relation to the organizational and legal form of a non-state educational private institution (NOChU), which is currently widespread in education, establishing, in particular, that:

Legal entities, on the property of which their founders have the right of ownership or other real right, include institutions (part 2 of article 48);

A private institution is fully or partially financed by the owner of its property (part 2 of article 120); a private institution is liable for its obligations with the funds at its disposal;

If the specified funds are insufficient, the owner of its property bears subsidiary liability for the obligations of such an institution (part 2 of article 120);

The property of a legal entity remaining after satisfaction of creditors' claims is transferred to its founders (participants) who have property rights to this property, unless otherwise provided by law, other legal acts or constituent documents of a legal entity (part 7 of article 63);

When the ownership of an institution is transferred to another person, this institution retains the right of operational management of its property (Part 2, Article 300).

As can be seen from the above examples, the regulation of issues of property relations in the charter of an educational institution is not simple, which will require the involvement of specialists of relatively high legal qualifications in its preparation. Another issue that requires an increased qualified legal approach is the regulation in the charter of an educational organization of the structure and competence of the governing bodies of an educational organization, the procedure for their formation and term of office. For example, the federal law on education in the Russian Federation contains relatively complex and, perhaps, legally poorly formulated rules on the management of an educational organization, including:

1. “In an educational organization, collegiate management bodies are formed, which include a general meeting (conference) of employees of an educational organization (in a professional educational organization and an educational organization of higher education - a general meeting (conference) of employees and students of an educational organization), a pedagogical council (in an educational organization of higher education - academic council), and also a board of trustees, a governing board, a supervisory board and other collegiate governing bodies provided for by the charter of the relevant educational organization can be formed.(Part 4, Article 26)
2. 2. As you can see, the literal interpretation of this norm obliges an educational organization to have such collegial management bodies as a general meeting (conference) of employees and a pedagogical (scientific) council, leaving at the discretion of its founder (founders) the possibility of forming other collegiate management bodies.

At the same time, it is quite problematic to immediately determine the competence of “mandatory” collegial governing bodies “in the bowels of the norms” of the federal law on education in the Russian Federation - a clear minus of the legislator.

3. “The structure, procedure for formation, term of office and competence of the governing bodies of an educational organization, the procedure for making decisions by them and speaking on behalf of an educational organization are established by the charter of an educational organization in accordance with the legislation of the Russian Federation.”(part 5 of article 26)

As you can see, the literal interpretation of this norm in relation to the collegiate management bodies of an educational organization allows these bodies to act (represent) on behalf of the educational organization, which clearly contradicts the established legal practice in accordance with Art. 53 of the Civil Code of the Russian Federation - also minus the legislator ..

4."Features of the election, appointment and status of the head of a private educational organization are determined in the charter of a private educational organization in accordance with labor legislation."(Part 10, Article 51

As we can see, the literal interpretation of this norm does not allow us to make an unambiguous conclusion about the procedure for the formation of the sole governing body (head) of a private educational organization - by election or appointment?

Moreover, the general part 1 of Article 51 does not at all imply the possibility of electing the head of an educational organization - only an appointment. In conclusion, we note that although the considered issues of the content of the charter of an educational organization testify to the complex and contradictory approach of the legislator to them, but this is at least some kind of legal regulation. But what are the “special educational” requirements for the content of the charter of an organization providing training (a legal entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity - clause 20, article 2) will be presented by officials when considering the issue of its licensing - so far remains a mystery.