State unitary enterprises commercial or non-commercial. What is a unitary enterprise

A unitary enterprise is a commercial organization not endowed with the right of ownership of property assigned to it by the owner of this property.

The essence of a unitary enterprise

Unitarity is a specific form of organization of activity.

Unitarity is characterized by:

Creation of a legal entity by allocating a certain property mass by the owner, and not by combining the property of several persons;

Retention of ownership of the property by the founder;

Assignment of property to a legal entity on a limited property right (economic management or operational management);

Indivisibility of property;

Lack of membership;

sole governing bodies.

The main reasons for the creation of unitary enterprises include:

The need to use property, the privatization of which is prohibited;

Carrying out activities to solve social problems, including the sale of certain goods and services at minimum prices and the organization of procurement and commodity interventions for essential goods;

Ensuring certain subsidized activities and conducting unprofitable industries.

The purpose of the activity of unitary enterprises is the solution of state problems on a commercial basis.

Rules Art. 113-115, 294-297 of the Civil Code of the Russian Federation regulate only the legal status of enterprises and do not affect the rights and obligations of employees, as is the case with participants and members of economic partnerships and societies, production cooperatives. The rights and obligations of employees are determined primarily by labor law. If a unitary enterprise, with the consent of the owner, has made a contribution to the economic society, then the profit received cannot be distributed among the employees of the enterprise, it becomes the property of this enterprise as a whole.

The property allocated to a unitary enterprise during its creation is in state or municipal ownership and belongs to it on the basis of the right of economic management or operational management. The firm name of a unitary enterprise must contain an indication of the owner of its property. The charter should clearly indicate to whom (the Russian Federation, which particular subject of the Russian Federation or local government) owns the property of a unitary enterprise on the basis of ownership. A unitary enterprise is liable for its obligations with all its property and is not liable for the obligations of the owner of its property. The body of a unitary enterprise is the head, who is appointed by the owner or a body authorized by the owner and is accountable to him.

Unitary enterprises can be of three types:

Federal State Unitary Enterprise - FSUE

State unitary enterprise - SUE (subject of the federation)

Municipal unitary enterprise - MUP (Municipal entity)

State enterprise- variety commercial organization, since they are created for production and economic activities (creation of material values, provision of economic services, etc.).

Characteristic features of the administrative and legal status of state enterprises can be found on the example of state unitary enterprises. Due to the absence of a federal law on them, they are currently given mainly civil law characteristics as legal entities a special kind. But even civil legislation contains a number of provisions that are directly related to the administrative and legal characteristics of unitary enterprises.

Firstly, an enterprise is recognized as a unitary enterprise, to which certain property is assigned by its owner, i.e. state. Such an enterprise can only be created as a state enterprise (if the possibility of creating unitary municipal enterprises is not taken into account).

Secondly, a unitary enterprise is created by decision of the authorized state body, which also approves the constituent document of the enterprise - its charter. The appropriate executive authority is implied. Thus, the Ministry of Railways of the Russian Federation creates, reorganizes and liquidates federal railway transport enterprises, approves their charters, etc.

Thirdly, the body of a unitary enterprise is the head appointed by the owner or a body authorized by him. The head of the enterprise is accountable both to the owner and to the specified body.

Fourthly, the head of a state unitary enterprise is endowed with a certain amount of powers of a legally imperious nature, which are implemented within the framework of the enterprise.

Fifth, a unitary enterprise is subject to state registration in the judiciary.

It should be added to this that it is the executive authorities that exercise control and supervision over the activities of unitary enterprises, apply various kinds of administrative and coercive means of influence in relation to them, license their activities in established cases, have the right to place on them certain types of state orders for the supply of products (for example, a state defense order).

It is provided that the legal status of state enterprises and institutions is regulated by a special federal law. However, there is still no such legal act; many issues of their organization and activities are resolved by presidential decrees and government decrees.

33Municipal enterprise.

State and municipal enterprises operating on the right economic management, make up a significant part of unitary enterprises.

municipal enterprise - 1,000 minimum wages (Article 12 of the Law on Unitary Enterprises).

State and municipal enterprises can be created to carry out scientific and scientific and technical activities, develop and manufacture products that are in the sphere of the national interests of the state and ensure national security, and produce products that are withdrawn from circulation and have limited circulation.

A municipal enterprise manages movable property belonging to it on the right of economic management independently, and immovable property - with the consent of the owner of the property.

Owner of a state and municipal enterprise:

Makes a decision to establish an enterprise;

Determines the goals and subject (types) of its activities;

Gives consent to the participation of the enterprise in associations and other associations of commercial organizations;

Determines the procedure for approving the indicators of plans (programs) of the financial and economic activities of the enterprise;

Approves the charter of the enterprise;

Takes a decision on the reorganization and liquidation of the enterprise, appoints a liquidation commission and approves the liquidation balance sheets of the enterprise;

Forms the authorized capital of the enterprise;

Appoints the head of the enterprise and concludes an employment contract with him;

Gives consent to the appointment of the chief accountant, approves the financial statements of the enterprise;

Approves the indicators of economic efficiency of the enterprise and controls their implementation;

Gives consent to the creation of branches and representative offices;

Gives consent to the participation of the enterprise in other organizations;

Decides to conduct audits and resolves many other issues of the enterprise.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. State and municipal enterprises operate in the organizational and legal form of unitary enterprises. In the cases provided for by the law on state and municipal unitary enterprises, a unitary state enterprise (state enterprise) may be established on the basis of state or municipal property. The property of a state or municipal unitary enterprise is in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management (Article 113 of the Civil Code of the Russian Federation). The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

Non-commercial legal entities do not have profit as the main goal of their activity, and also do not have the right to distribute the profit received among their participants. All non-commercial legal entities(as well as commercial legal entities) are divided into corporations and unitary legal entities (Article 65.1 of the Civil Code of the Russian Federation). Non-profit organizations, unlike commercial ones, have special legal capacity and use their property only to achieve the goals provided for by their constituent documents. Such purposes cannot be making profit and distributing it among the participants.

Nonprofit corporations

consumer cooperative a membership-based voluntary association of citizens or citizens and legal entities is recognized in order to meet their material and other needs, carried out by combining property share contributions by its members. The charter of a consumer cooperative must contain information about the name and location of the cooperative, the subject and goals of its activities, conditions on the amount of share contributions of members of the cooperative, the composition and procedure for making share contributions by members of the cooperative and their liability for violation of the obligation to make share contributions, on the composition and the competence of the bodies of the cooperative and the procedure for making decisions by them, including on issues, decisions on which are taken unanimously or by a qualified majority of votes, the procedure for covering losses incurred by members of the cooperative. The name of a consumer cooperative must contain an indication of the main purpose of its activity, as well as the word "cooperative". The name of the mutual insurance company must contain the words "consumer society". A consumer cooperative, by decision of its members, may be transformed into public organization, association (union), autonomous non-profit organization or foundation. A housing or housing-construction cooperative, by decision of its members, can only be transformed into a partnership of property owners (Article 123.2 of the Civil Code of the Russian Federation). A consumer cooperative is a voluntary association of citizens on the basis of membership in order to satisfy their material and other needs, carried out by combining its members share contributions. Members of a consumer cooperative do not have the obligation of personal labor participation in the activities of the cooperative. The activity of a consumer cooperative is aimed at meeting the needs of its members, and not at making a profit. Members of a consumer cooperative, in addition to admission and share fees, pay additional fees, which cover losses incurred as a result of the cooperative's activities.

In the Russian Federation: Consumer auto-garage company "Transportnik", Agricultural consumer marketing cooperative "Kolos".

In the Republic of Belarus: Consumer housing and construction cooperative "Yort", Credit and consumer cooperative "Ufa Savings Fund", Consumer cooperative "GSK 13".

Public organizations voluntary associations of citizens who have united in the manner prescribed by law on the basis of their common interests to satisfy spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law are recognized. A public organization is the owner of its property. Its participants (members) do not retain property rights to the property transferred by them to the ownership of the organization, including membership fees. Participants (members) of a public organization are not liable for the obligations of the organization in which they participate as members, and the organization is not liable for the obligations of its members. Public organizations may form associations (unions). A public organization, by decision of its participants (members), may be transformed into an association (union), an autonomous non-profit organization or a foundation (Article 123.4 of the Civil Code of the Russian Federation). Can operate without state registration. A public organization can begin work after a decision has been made to create it, control and auditing and governing bodies have been formed, and a charter has been adopted. The activities of public organizations are limited to the territory fixed by the constituent documents.

In the Russian Federation: All-Russian public organization "Federation of Film Clubs of Russia", Astrakhan public organization "Russia and Belarus - forever together."

In the Republic of Belarus: Public organization "Zapovedannoe" in the Republic of Bashkortostan, Bashkir Republican Public Organization of War Veterans.

Association (union) an association of legal entities and (or) citizens is recognized, based on voluntary or, in cases established by law, on mandatory membership and created to represent and protect common, including professional, interests, to achieve socially useful goals, as well as other not contradicting the law and having non-commercial nature of the goals. In the organizational and legal form of an association (union), in particular, associations of persons are created with the aim of coordinating their entrepreneurial activity, representation and protection of common property interests, professional associations of citizens that do not aim to protect labor rights and interests of its members, professional associations of citizens not related to their participation in labor relations(associations of lawyers, notaries, appraisers, people of creative professions and others), self-regulatory organizations and their associations. Associations (unions) may have civil rights and bear civil obligations corresponding to the goals of their creation and activities, provided for by the charters of such associations (unions). The association (union) is the owner of its property. An association (union) is liable for its obligations with all its property, unless otherwise provided by law in relation to associations (unions) certain types. An association (union) is not liable for the obligations of its members, unless otherwise provided by law. Members of an association (union) shall not be liable for its obligations, unless the law or charter of the association (union) provides for subsidiary liability of its members. An association (union), by decision of its members, may be transformed into a public organization, an autonomous non-profit organization or a foundation (Article 123.8 of the Civil Code of the Russian Federation).

Only legal entities can be its members. A member of an association, due to its financial content, can use the services provided by the association (union) free of charge. A member of the association may be expelled from it by decision of the remaining members. With the consent of the members of the association, new members may enter it. The association (union) is reorganized and liquidated according to general rules applicable to legal entities. An example is the Eurasian Association of Universities.

In the Russian Federation: Association of Lawyers of Russia, Russian Union of Youth.

In the Republic of Belarus: the Association of Peasant Farms "BATYR", the Association of Students and Postgraduates of Bashkortostan, the Ufa City Union of Gardeners.

Association of property owners recognized as a voluntary association of owners of real estate (premises in a building, including apartment building, or in several buildings, residential buildings, country houses, horticultural, horticultural or suburban land plots, etc.), created by them for joint possession, use and, within the limits established by law, the disposal of property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws. The charter of a partnership of real estate owners must contain information about its name, including the words "partnership of real estate owners", location, subject and purposes of its activities, composition and competence of the partnership's bodies and the procedure for making decisions by them, including on issues decisions on which are taken unanimously or by a qualified majority of votes, as well as other information provided by law. The Association of Real Estate Owners is not liable for the obligations of its members. Members of an association of property owners are not liable for its obligations. An association of property owners, by decision of its members, can be transformed into a consumer cooperative (Article 123.12 of the Civil Code of the Russian Federation).

A sole executive body (Chairman) and a permanent collegial executive body (Board) are created in a partnership of real estate owners.
In the Republic of Belarus: Association of Home Owners (HOA) "NUR", Partnership of Home Owners (HOA) "Commonwealth".

Cossack societies associations of citizens entered in the state register of Cossack societies in the Russian Federation, created in order to preserve the traditional way of life, economic activity and culture of the Russian Cossacks, as well as for other purposes provided for by law, which voluntarily assumed, in the manner prescribed by law, obligations to bear state or other service, the Cossack society, by decision of its members, can be transformed into an association (union) or an autonomous non-profit organization. (Article 123.15 of the Civil Code of the Russian Federation). Russian Cossacks provide assistance government bodies in the organization and maintenance of military records of members of Cossack societies; takes part in measures for the prevention and elimination of emergency situations and the elimination of natural disasters; takes part in the protection of public order, ensuring environmental and fire safety and in the fight against terrorism.

In the Russian Federation: Kuban Military Cossack Society, Volga Military Cossack Society.

In the Republic of Belarus: Ufa Cossack society "Belskoye Cossacks", Ufa city Cossack society "Cossack Rada" of the Republic of Belarus.

Communities of indigenous peoples Russian Federation are recognized voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial-neighbourhood in order to protect the original habitat, preserve and develop traditional ways of life, management, crafts and culture Members of the community of indigenous peoples of the Russian Federation have the right to receive part of its property or compensation for the value of such a part upon leaving the community or its liquidation in the manner prescribed by law. A community of indigenous peoples of the Russian Federation, by decision of its members, may be transformed into an association (union) or an autonomous non-profit organization (Article 123.16 of the Civil Code of the Russian Federation). The indigenous peoples of the Russian Federation include: the indigenous peoples of the North, Siberia and Far East of the Russian Federation (hereinafter referred to as “small peoples”), peoples living in the regions of the North, Siberia and the Far East in the territories of the traditional settlement of their ancestors, preserving their traditional way of life, economic activities and crafts, numbering less than 50 thousand people and recognizing themselves as independent ethnic communities. (Federal Law of July 20, 2000 N 104-FZ "On general principles organizations of communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation (as amended on December 28, 2013 N 396-FZ).

In the Russian Federation: Tribal community of indigenous peoples "UHT".

Similar information.

unitary enterprise

Unitary enterprise- a special organizational and legal form of a legal entity. A commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property is indivisible and is not distributed among deposits (shares, shares), incl. between employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

Russian Federation

In the Russian Federation, the main law regulating the activities of unitary enterprises is the Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises”.

Unitary enterprises can be of three types:

1. Federal State Unitary Enterprise - FSUE
2. State unitary enterprise - SUE (subject of the federation)
3. Municipal unitary enterprise - MUP (Municipal entity)

The founding document of a unitary enterprise is the charter.

A unitary enterprise is not entitled to create another unitary enterprise as a legal entity by transferring a part of its property (subsidiary enterprise) to it. This restriction was introduced by Federal Law No. 161-FZ of November 14, 2002, while earlier Russian legislation allowed unitary enterprises based on the right of economic management to create subsidiaries of unitary enterprises. With the adoption of this law, the existing subsidiaries unitary enterprises were subject to joining the enterprises that founded them within six months, that is, until June 3, 2003.

Unitary enterprises are obliged, in cases determined by the owner of the property, to conduct an annual mandatory audit. At the same time, an agreement for a mandatory audit of the reporting of unitary enterprises must be concluded following the results of placing an order by bidding in the form open competition, in the manner prescribed by the Federal Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs."

Typically, unitary enterprises are regarded as less transparent than joint-stock companies, since in the latter the law establishes corporate governance procedures. However, the advantage of unitary enterprises is that the property remains in state (municipal) ownership.

Unlike joint-stock companies and other commercial organizations, unitary enterprises are required to disclose information about their purchases on the official websites of the level of their subordination. For federal state unitary enterprises - on the official website of public procurement of the Russian Federation (federal state order), for state unitary enterprises on the regional procurement websites and for municipal unitary enterprises on the official websites of municipalities or, in their absence, on the official procurement websites of the regions.

Since, in accordance with paragraph 2 of Art. 50 and Art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, their activities are aimed at making profit in favor of the owner of the property - the state or municipality as well as to cover their own expenses. In addition, of course, the purpose of the activity is not to make a profit, but to satisfy the public interests of the state, to ensure state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of article 113 of the Civil Code of the Russian Federation):

• unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);
• unitary enterprises based on the right of operational management ( state enterprises) (Article 115 of the Civil Code of the Russian Federation).

CIS

In most CIS countries, there are also private unitary enterprises that are not endowed with the right of ownership of the property assigned to them. The property is indivisible and cannot be distributed among deposits, shares, shares, shares and is the common joint property of its members, individuals, one individual or one legal entity. These include peasant (farm) households, individual, family and subsidiaries. In the Russian Federation, they are not recognized as independent organizations, with the exception of subsidiaries, and the heads of such organizations are individual entrepreneurs, which creates property and organizational difficulties for an individual entrepreneur (in fact, an enterprise). For example, there is no right of private ownership of an enterprise as a property complex, since an enterprise involves additional economic relations, which is not the case with individual entrepreneurship, there is no clear regulation on the position of members in an enterprise, the distribution of profits and responsibilities between them, and many other aspects.

Examples

• Federal State Unitary Enterprise Arsenal Design Bureau named after M.V. Frunze »
• Federal State Unitary Enterprise Space Communications
• FSUE "NPP VNIIEM"
• Federal State Unitary Enterprise "SPC Gas Turbine Engineering Salyut"
• Federal State Unitary Enterprise Russian Post
• Federal State Unitary Enterprise "Russian Television and Radio Broadcasting Network"
• FSUE ""
• Federal State Unitary Enterprise "Housing and Communal Administration of the Russian Academy of Sciences"

see also

Notes

Links

• Catalog of official websites of Federal State Unitary Enterprises

Wikimedia Foundation. 2010 .

See what "Unitary Enterprise" is in other dictionaries:

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State unitary enterprise - a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. Only state and municipal enterprises can be created in the form of unitary enterprises.

The charter of a unitary enterprise must contain, in addition to information, the indication of which is mandatory in founding documents legal entity in accordance with the provisions of Article 52 of the Civil Code of the Russian Federation (name of the legal entity, its location, the procedure for managing the activities of the legal entity), as well as information about the subject and goals of the enterprise, as well as the size of the authorized capital of the enterprise, the procedure and sources of its formation.

The property of a state unitary enterprise is in state ownership and belongs to such an enterprise on the basis of the right of economic management or operational management. In the cases provided for by the law on state and municipal unitary enterprises, by decision of the Government of the Russian Federation, a unitary enterprise based on the right of operational management (federal state enterprise) may be formed on the basis of federally owned property.

State unitary enterprises may be created by federal bodies state power on the basis of federal state property, or be formed by state authorities of the constituent entities of the Russian Federation on the basis of the state property of these constituent entities of the Russian Federation. The firm name of a unitary enterprise must contain an indication of the owner of its property.

The body of a unitary enterprise is the head, who is appointed by the owner or a body authorized by the owner and is accountable to him.

A unitary enterprise is liable for its obligations with all its property. A unitary enterprise shall not be liable for the obligations of the owner of its property.

The legal status of state unitary enterprises is determined by the Civil Code of the Russian Federation and the law on state and municipal unitary enterprises.

Russian electoral law: a dictionary-reference book. 2013 .

See what "State Unitary Enterprise" is in other dictionaries:

State unitary enterprise

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A unitary enterprise in Russia (usual abbreviations: State Unitary Enterprise - GUP, Municipal Unitary Enterprise - MUP, Federal State Unitary Enterprise - FSUE) is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner.
Only state and municipal enterprises can be created in this form. Property (respectively, state or municipal) belongs to a unitary enterprise on the basis of the right of economic management or operational management (state-owned enterprise).
A unitary enterprise is liable for its obligations with all its property, but is not liable for the obligations of the owner of its property. The founding document of a unitary enterprise is the charter.
Typically, unitary enterprises are regarded as less transparent than joint-stock companies, since in the latter the law establishes procedures corporate governance. However, the advantage of unitary enterprises is that the property remains in state (municipal) ownership.
Unlike joint-stock companies and other commercial organizations, unitary enterprises are required to disclose information about their purchases on the official websites of the level of their subordination. For federal state unitary enterprises - on the official website of public procurement of the Russian Federation (federal state order), for state unitary enterprises on the regional procurement websites and for municipal unitary enterprises on the official websites of municipalities or, in their absence, on the official procurement websites of the regions.
Types of state unitary enterprises
1. unitary enterprises based on the right of economic management, a federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (state enterprise), municipal enterprise;
2. unitary enterprises based on the right of operational management, ¬
federal state enterprise, state enterprise of a constituent entity of the Russian Federation, municipal state enterprise (state enterprise).
The right of economic management and the right of operational management constitute a special kind of real rights, unknown to developed legislation. These are the property rights of legal entities for the economic and other use of the owner's property. They are designed to formalize the property base for independent participation in civil legal relations of non-owner legal entities, which is impossible in the usual, classical property turnover.
The difference between the rights of economic management and operational management lies in the content and scope of the powers that they receive from the owner on the property assigned to them. The right of economic management, which belongs either to an enterprise as a commercial organization, or to an institution carrying out entrepreneurial activities permitted by its owner, is therefore broader than the right to operational management, which may belong either to non-commercial institutions by the nature of their activities, or state-owned enterprises.
According to Art. 295 of the Civil Code, the owner of property under economic management, in accordance with the law, decides on the establishment of an enterprise, determining the subject and goals of its activities, its reorganization and liquidation, appoints a director (manager) of the enterprise, exercises control over the intended use and safety of the property belonging to the enterprise.
An enterprise is not entitled to sell real estate belonging to it under the right of economic management, lease it, pledge it, make a contribution to the authorized (reserve) capital of business companies and partnerships, or otherwise dispose of this property without the consent of the owner.
Article 294. Right of economic management

The state or municipal unitary enterprise, which owns the property on the right of economic management, owns, uses and disposes of this property within the limits determined in accordance with this Code.

Article 295

1. The owner of property under economic management, in accordance with the law, decides on the establishment of an enterprise, determining the subject and goals of its activities, its reorganization and liquidation, appoints a director (manager) of the enterprise, exercises control over the intended use and safety of the property belonging to the enterprise.
The owner has the right to receive a part of the profit from the use of property under the economic management of the enterprise.
2. An enterprise shall not have the right to sell the immovable property owned by it under the right of economic management, lease it, pledge it, make a contribution to the charter (share) capital of business companies and partnerships, or otherwise dispose of this property without the consent of the owner.
The rest of the property belonging to the enterprise, it manages independently, except for cases established by law or other legal acts.

Article 296. Right of operational management

(As amended by Federal Law No. 175-FZ of November 3, 2006)
(see text in previous edition)

1. A state-owned enterprise and institution, to which property is assigned on the basis of the right of operational management, own, use and dispose of this property within the limits established by law, in accordance with the goals of their activities, the tasks of the owner of this property and the purpose of this property.
2. The owner of the property has the right to seize the excess, unused or not used for its intended purpose, property assigned by him to a state-owned enterprise or institution or acquired by a state-owned enterprise or institution at the expense of funds allocated to him by the owner for the acquisition of this property. The owner of this property has the right to dispose of the property confiscated from a state-owned enterprise or institution at his own discretion.

Article 297

1. A state-owned enterprise shall have the right to alienate or otherwise dispose of the property assigned to it only with the consent of the owner of this property.
A state-owned enterprise independently sells its products, unless otherwise established by law or other legal acts.
2. The procedure for distributing the income of a state-owned enterprise is determined by the owner of its property.
State-financed organization- under Russian law, this is a state (municipal) institution, the financial support for the performance of functions of which, including the provision of state (municipal) services to individuals and legal entities in accordance with the state (municipal) task, is carried out at the expense of the relevant budget on the basis of the budget estimate .
BUDGETARY INSTITUTION (English budget institution) - according to the budgetary legislation of the Russian Federation, an organization created by the state authorities of the Russian Federation, state authorities of the subjects of the Russian Federation, local governments for the implementation of managerial, socio-cultural, scientific and technical or other functions of a non-commercial nature whose activities are financed from the relevant budget or the budget of the state off-budget fund based on an estimate of income and expenses (Article 161 of the RF BC *). Boo. is non-profit organization.
The estimate of income and expenses should reflect all income used, received both from the budget and state extra-budgetary funds, and from entrepreneurial activities, incl. income from the provision of paid services, other income received from the use of state or municipal property assigned to B.U. on the right of operational management, and other activities.
When decreasing authorized bodies state power in the prescribed manner of the funds of the relevant budget allocated for the purpose of financing contracts concluded by B.U., such an institution and the other party to such an agreement must agree on new terms, and if necessary, other terms of the agreement. The party to the contract has the right to demand from B. at. only compensation for real damage caused by a change in the terms of the contract.
The status of a budgetary organization has only an organization that simultaneously has the following characteristics:
1. The state authorities of the Russian Federation, subjects of the Russian Federation, as well as local governments must act as founders of the organization. Joint stock companies, cooperatives and other similar economic entities cannot create a budgetary organization.
2. Only non-commercial functions may be defined in the constituent documents as the purpose of creating a budgetary organization. At the same time, this restriction cannot be understood in such a way that a budgetary organization is prohibited from providing paid services and earn their own income.
The bulk budget organizations carries out certain types of paid activities and thus receives the funds necessary for its development. However, making a profit is not and cannot be the goal of a budgetary organization. And all the funds it independently earns should be directed exclusively to the expansion and development of the system of services for the provision of which it was created.
3. A budgetary organization must be financed from the federal budget, the budget of a constituent entity of the Russian Federation, municipal budget or the budget of the state off-budget fund.
This feature has the following feature: in itself, receiving funding from the budget does not yet mean that this organization is budget. Budgetary funds are allocated not only to budgetary organizations, but also to commercial structures. This is carried out in numerous forms, ranging from the purchase of various goods for state or municipal purposes and ending with the provision of financial support in the form of grants, subventions, subsidies, etc.
4. The basis of financial planning of a budgetary organization is an estimate of income and expenses. Before the beginning fiscal year the budgetary organization necessarily draws up this document, after the end of the reporting period, a balance sheet for the execution of the estimate is necessarily drawn up.
It should be noted that only a combination of all the listed features together in relation to one structure gives a budgetary organization, each of the named features does not in itself mean that we are dealing with a budgetary organization.
Types of budget organizations.
Budget organizations can be classified according to a number of criteria.
Depending on the functions they perform (ie, by type of activity), budgetary organizations can be subdivided in accordance with the functional classification of budget expenditures.
On this basis, it is possible to single out budget organizations that implement the functions of the state and, accordingly, receive funding according to the sections of the budget classification:
public administration and local self-government, which, in particular, includes the Committee of the Russian Federation on financial monitoring, the Committee of the Russian Federation on military-technical cooperation with foreign states, federal Service Russian Federation for Financial Recovery and Bankruptcy, Accounts Chamber of the Russian Federation, Ministry of Finance of the Russian Federation;
the judiciary, including the Constitutional Court, the Supreme Court, courts of general jurisdiction, the Supreme Arbitration Court;
international activities, embassies and representative offices abroad, etc.
Depending on the source of funding, budgetary organizations can be divided into the following groups:
funded from the federal budget;
financed at the expense of the budgets of the constituent entities of the Russian Federation;
funded from local budgets.
According to the sources of formation of funds, budgetary organizations can be divided into two groups:
* budget organizations that provide paid services to individuals and legal entities and, accordingly, have their own sources of funds;
* budgetary organizations that do not provide paid services to individuals and legal entities and, accordingly, do not have own sources funds.
The place of finance of budgetary organizations in the financial system of the Russian Federation.