At the end of 2006, the State Duma of the Russian Federation adopted the Federal Law on the establishment of a new legal form. This form became known as the "autonomous institution." Its formation is a requirement of the time and is associated with the implementation of reforms in the budget process. An autonomous institution is called upon to provide public services.
It should be noted that in the course of the adoption of the said law, quite a lot was expressed for and against. But the established legal form has become popular in many areas of the country's life. So, for example, an autonomous educational institution is being formed to provide public services in the field of education. To clarify the legal capacity of the new organizational and legal forms, appropriate amendments were made to the Budget, Civil Code, as well as to relevant legislative acts.
According to the general concept, an institution is a non-profit organization. It is formed by the owner with the aim of implementing socio-cultural, managerial and other functions of a non-commercial nature. The Civil Code divides institutions into two groups: municipal or public and private.
Private are formed by a citizen or legal entity. Organizations of the second group are created on the basis of the implementation of local, state power or the power of a constituent entity of the Russian Federation. In turn, on the basis of the law, a municipal autonomous institution or a municipal budget organization may be formed . The same applies to government organizations.
Thus, an autonomous institution is a non-profit organization, which is formed by a subject, the Russian Federation, local authorities to carry out work and provide services in order to exercise the powers of state authorities, social protection, culture, science and other areas provided by law. This organization is recognized as a legal entity and can acquire, exercise personal non-property and property rights, fulfill duties, and also act as a defendant and plaintiff in court on its own behalf.
An autonomous institution can be formed in two ways: by changing the existing organization or by forming a new one.
It should be noted that during the formation of the organization in the first way, the law does not allow the seizure or reduction of property (including cash) assigned to it.
In accordance with the law, one founder is allowed in an autonomous institution. It recognizes:
- Subject of the Russian Federation - in relation to an institution formed on the basis of property owned by the subject.
- The Russian Federation - in relation to an organization that is formed on the property base owned by the Federation.
- Municipal formation - regarding an institution created on the basis of property related to municipal property.
Each such organization should have a charter. This document is approved by the founder. It should contain certain information. In particular, the document indicates:
- Name of company. Moreover, the name must contain the words "autonomous institution". The name of the organization should contain information about the nature of its activities, as well as about the owner of the property.
- The place where the institution is located.
- Information about the body that exercises the powers and functions of the founder.
- Objectives and subject matter of the organization.
- Competence, structure, procedure for the formation of the institution, the order of activity and the term of their authority.
- Other information required by law.