Enterprises, institutions and other non-profit organizations. Legal status of the administration of state enterprises, institutions and organizations

1. Concept and types of enterprises, institutions and other subjects of administrative law

The subjects of administrative law include enterprises, institutions and other non-profit organizations that, accordingly, carry out economic, managerial, sociocultural and other functions that provide for the material and spiritual needs of people, society and the state.
An enterprise is understood as an economic organization formed to produce products, perform work and provide services in order to meet public needs and make a profit.
Depending on the form of ownership, enterprises are divided into state-owned; municipal; owned by public associations, foreign states, legal entities and individuals, as well as those formed on the basis of mixed forms of ownership.
According to their significance and type of ownership, state-owned enterprises are divided into federal enterprises and enterprises of the constituent entities of the Federation. Municipal enterprises under the jurisdiction of local governments have district, city, and village significance.
Non-state enterprises include private (individual and family) enterprises, business partnerships and societies, production cooperatives and other types of non-state enterprises.
According to the nature (type) of products produced or services provided, i.e., according to industry specialization, enterprises are divided into industrial (factories, factories, mines, plants, etc.); agricultural (cooperatives, associations, farms, etc.); construction (construction and installation departments, building cooperatives, etc.); transport (railway stations, car repair plants, depots, shipping companies, airlines, etc.); communications (telegraphs, post offices, communication centers, etc.); trade (department stores, supermarkets, trading centers, etc.); housing and communal services (repair and maintenance, energy networks, gas supply, etc.).
Enterprises can unite into concerns, unions, associations and other associations on a contractual basis.
An institution is a non-profit organization created by an owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed in whole or in part by this owner.
Institutions that carry out management functions include government bodies (apparatuses of representative bodies, executive bodies - ministries, committees, departments, departments, etc., apparatuses of the judiciary, prosecutor's office, etc.). In this case, we are talking about institutions of this type that carry out socio-cultural and other functions not related to material production.
Institutions, just like enterprises, are divided into types on different grounds:
1) by type of ownership (state, municipal, non-state, private, etc.);
2) according to the scale and significance of its activities (federal, constituent entities of the Federation, local);
3) institutions are distinguished by the nature and scope of activity:
a) education (schools, higher education institutions, etc.);
b) science (research institutes, academies of sciences, etc.)
c) culture (theatres, museums, libraries, etc.);
d) healthcare (hospitals, clinics);
e) social protection (boarding schools, etc.).
f) executing criminal punishments, etc.
Other non-profit organizations include consumer cooperatives and foundations.
A consumer cooperative is recognized as a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out through the pooling of property share contributions by its members.
The Foundation is recognized as a non-profit organization that does not have a membership, established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially beneficial goals.
Institutions and other non-profit organizations can voluntarily unite into associations (unions), the members of which retain their independence and the rights of a legal entity. Their name must contain an indication of the main subject of activity of the members with the inclusion of the word “association” or “union”.

Basic concepts:

organization; administration; company; institution; state enterprise; Joint-Stock Company; production cooperative; consumer cooperation; fund; public association; political pariah; charity; religious association.

State and non-state enterprises and institutions

Participants (parties) of administrative legal relations are organizations of different legal status that create material and spiritual values. An organization is understood as a group of workers of varying numbers (from a few people to tens of thousands), headed by its own management body and having separate property in ownership, economic management or operational management.

The governing body of the organization is the administration. It can be a sole manager (director, general director) and his deputies, or simultaneously a sole and collective executive body (board of directors, board, directorate) or another appointed body, or to which a collective of employees has delegated the rights to manage the organization. The administration carries out management functions within its organization within the limits of the powers granted to it, and also enters into external administrative legal relations with executive authorities and other subjects of administrative law in connection with the implementation of its functions. In other words, the administration of an organization can only be a participant in external administrative legal relations. Unlike the executive body, the administration of the organization is not a subject of external management, since it does not have the corresponding government powers for this.

Issues of the activities and powers of organizations in various aspects are the subject of study of a number of branches of law: administrative, financial, labor, etc. The administrative and legal status of organizations is determined, first of all, by their organizational and legal forms, the scope and nature of the powers to dispose of their property, goals their activities, as well as their relationship with executive authorities.

Varieties of organizations are enterprises and institutions. Depending on the types of ownership, they are divided into state and non-state (private, public associations). State enterprises and institutions, in terms of the scale and significance of their activities, can be republican and local - district, city, town and village.

Enterprises can be created in organizational and legal forms such as: general partnership, limited liability company, additional liability company, joint stock company, production cooperative, state unitary enterprises, etc.

There are many types of enterprises by industry: industrial - plants, factories, mines, mines, etc.; agricultural - cooperatives, artels, partnerships, etc.; transport - railways, airports, etc.; communications - post offices, telephone exchanges, etc.; housing and communal services - housing and maintenance offices; construction, trade and other enterprises.

The division of organizations into commercial and non-profit is established depending on the purpose of their activities. Organizations that pursue profit as the main goal of their activities are considered commercial, while non-profit organizations do not have profit as such a goal and do not distribute the profits between participants.

Commercial organizations can be created in the form of business partnerships and societies, production cooperatives, state, unitary enterprises; non-profit - in the form of consumer cooperatives, public or religious organizations (associations), charitable and other foundations, as well as in other forms provided by law. Non-profit organizations can carry out business activities only insofar as it serves the goals for which they were created and is consistent with these goals.

Enterprises can be created by state bodies or local government bodies, founders (participants), property owners, or bodies authorized by the property owners.

The constituent document of an enterprise is the charter, which is approved by the founder of the enterprise. Non-state enterprises operate on the basis of a charter or a constituent agreement and articles of association, or only a constituent agreement. The constituent documents must contain information provided by law for legal entities of the corresponding type.

In accordance with the Civil Code, an enterprise is subject to state registration with the justice authorities. State registration data is included in the unified state register of legal entities, open to the public. An enterprise is considered created from the moment of its state registration and operates on the basis of constituent documents.

An enterprise is an economic entity created to produce products, perform work and provide services in order to meet public needs and make a profit. The basis of this activity is his property. The enterprise independently carries out its activities, disposes of its products, the profit received, which remains at its disposal after paying taxes and other obligatory payments.

The legislation on enterprises applies equally to enterprises of all forms of ownership. However, the legislation provides special rules for state-owned enterprises. For example, only they can produce any types of weapons, ammunition, explosives and other items of the so-called licensing system.

The administrative legal personality of state and non-state enterprises is different.

State-owned enterprises are the property of the state. Therefore, the responsibility of state bodies includes: the creation of state enterprises; determining the goals of their activities, as well as their placement; approval of the charter; enterprise management; appointment and dismissal of managers; bringing to their attention, in established cases, government orders for products; reorganization and liquidation of state enterprises.

A state-owned enterprise independently plans its activities and development prospects. The plans are based on business contracts concluded by the enterprise; The plans provide for solving current and future problems. The predominant form of supply for the enterprise is direct connections. Forms of intermediation are being developed through exchanges, brokerage houses, etc. The enterprise sells its products, works and services at prices and tariffs established independently or on a contractual basis, and in cases provided for by law - at state prices. It bears full responsibility for compliance with loan agreements and settlement discipline. An enterprise that fails to fulfill its payment obligations may be declared insolvent (bankrupt).

The government's influence on non-state enterprises is limited. It doesn't control them. They are managed by the owners (founders) or bodies authorized by them that do not have government powers. The state does not participate in staffing the administration of a non-state enterprise. The role of the state in relation to these enterprises is to establish an administrative and legal regime, which is common to all enterprises, regardless of their organizational and legal forms, and to monitor their compliance with the established regime.

The procedure for managing a non-state enterprise is determined by legislation and the charter of the enterprise. The legislation contains only the most general instructions in this regard.

The owner of the enterprise exercises his rights to manage the enterprise directly or through bodies appointed by him.

The owner or a body authorized by him can fully or partially delegate his rights to the supreme management body of the enterprise (council, board) provided for by its charter.

The head of the enterprise is hired by the owner. When hiring, an agreement (contract) is concluded with him, which defines the rights, duties and responsibilities of the head of the enterprise to the owner and the workforce, the terms of remuneration, the term of the contract, and the conditions for release from his position.

The head of an enterprise without a power of attorney acts on his behalf, represents his interests, disposes of the property of the enterprise, concludes contracts, issues powers of attorney, opens current and other accounts in the bank, approves staff, issues orders and gives instructions that are binding on all employees of the enterprise.

In accordance with the law, the liquidation of an enterprise is carried out by decision of its founders or their body authorized to do so by the constituent documents. The basis for such a decision may be the expiration of the period for which the enterprise was created; achieving the purpose for which it was created; judicial recognition of its registration as invalid; carrying out activities without a license; outrage; declaring him insolvent (bankrupt).

The Civil Code of the Republic of Belarus provides that commercial organizations, in order to coordinate their business activities, as well as to represent and protect common property interests, can, by agreement among themselves, create associations in the form of associations or unions that are non-profit organizations. Members of the association (union) retain the independence and rights of a legal entity.

An institution is an organization created by the owner to carry out managerial, socio-cultural or administrative-political functions. Institutions performing managerial functions include, for example, the apparatus of legislative bodies, judicial bodies, and the prosecutor's office. Social and cultural functions are performed by institutions of education, science, culture, healthcare, etc. The differences between enterprises and institutions lie in their purpose and the content of their main activities. The legal status of institutions is determined by a number of legal acts regulating relations in certain industries and areas of management.

In general, the relationship between executive authorities and enterprises and institutions of all types of property is characterized by the fact that the legislation establishes: state registration of enterprises as legal entities and accreditation of relevant institutions; obtaining permits (licenses) for certain types of activities by enterprises and institutions; a ban on interference by the state and its bodies in the activities of enterprises; mandatory accounting and statistical reporting; submission of relevant information to government agencies; obligation to comply with the law, etc.

Executive authorities are obliged to take all possible measures to ensure the rights and legitimate interests of enterprises, institutions and the fulfillment of their duties. At the same time, government bodies monitor compliance by enterprises and institutions with the relevant legislation and have the right to apply enforcement measures established by law for environmental violations, violations in the field of construction, advertising, etc. to violators.

Local government bodies have the right to create enterprises, institutions and organizations to carry out economic activities, and resolve issues of their reorganization and liquidation. They determine the goals, conditions and procedure for the activities of enterprises, institutions and organizations that are municipally owned, regulate prices and tariffs for their products (services), approve their charters, appoint and dismiss the heads of these enterprises, institutions and organizations, hear reports on their activities.

Local governments directly manage the housing and communal services of settlements. They resolve issues of organization, maintenance and development of municipal institutions of education, health care, culture and other areas falling under the jurisdiction of local government.

Local government bodies have the right to coordinate the participation of enterprises, institutions and organizations in the comprehensive socio-economic development of the territory of the municipality. But they do not have the right to establish restrictions on the economic activities of enterprises, institutions and organizations, except for cases provided for by republican laws.

Subjects of administrative law are divided into two types: collective and individual; in this case we will consider the first category.
Collective subjects of administrative law include:
enterprise is an independent economic entity created to produce products, perform work and provide services in order to satisfy social needs and make a profit.
There are five types of enterprises:
State enterprises (federal-wide), including unitary ones.
State enterprises of the subjects of the Federation.
Municipal enterprises.
Non-state enterprises owned by legal entities and individuals.
Associations of enterprises: concerns, unions, associations, etc.;
institutions - perform socio-cultural, administrative and political functions, create social values mainly of a non-productive nature (for example, educational institutions).
The entities we have indicated differ in the results of their main activities.
Depending on the type of ownership, enterprises are divided into state (unitary); muicial; owned by public associations, foreign states, legal entities and individuals, as well as those formed on the basis of mixed forms of ownership.
According to their significance and organizational form, state-owned enterprises are divided into federal (including state-owned, unitary, etc.) and enterprises of the subjects of the Federation.
Municipal enterprises under the jurisdiction of local governments have district, city or village significance.
Non-state enterprises include: private (individual and family) enterprises, business partnerships and societies, production cooperatives and other types of non-state enterprises.
According to the nature or type of products sought and services provided, in other words, according to industry specialty, enterprises are divided into:
industrial (plants, factories, mines, mines, plants, etc.);
^ ¦ agricultural (collective farms, state farms, private farms, etc.);
construction (construction departments, cooperatives, bridge-building trains, etc.);
transport (railroads, railway departments, stations, depots, shipping companies, airports, etc.);
communications enterprises (communication centers, post offices, telegraph offices, telephone exchanges, etc.);
trade (department stores, grocery stores, etc.);
housing and communal services (repair and maintenance departments, improvement enterprises, energy networks, etc.).
On a contractual basis, enterprises can unite into concerns, unions, associations and other associations.
Institutions that carry out management functions include government bodies (apparatuses of representative bodies, executive bodies - ministries, committees, departments, departments, etc.; apparatuses of the judiciary, prosecutor's office, etc.).
Institutions can be divided into three main types:
1. Institutions - apparatuses of government bodies.
Social and cultural institutions (educational institutions, health care institutions, culture, etc.).
Non-state socio-cultural and other institutions.
Institutions are divided into types for different reasons:
by type of ownership (state, municipal, non-state, private, etc.);
according to the scale and significance of its activities (national, federal subjects, local (municipal);
by nature and field of activity: education (schools, higher educational institutions, etc.); sciences (research institutes, academies of sciences, etc.); culture (theatres, museums, libraries, etc.); healthcare (hospitals, clinics, etc.), social protection (boarding schools for the elderly, boarding schools, etc.).
The legal status of an enterprise or institution is determined primarily by the norms of three branches of law: administrative, civil and labor law.
The rules of law defining the administrative and legal status of enterprises and institutions, regardless of their forms of ownership, establish:
state registration of enterprises and institutions;
the procedure for registration and the grounds for refusal of registration;
the general procedure for their relationships with executive bodies of state power;
the general procedure for maintaining and submitting accounting and statistical reporting to government agencies, necessary for taxation and maintaining national economic information.
Actions during which the rights and obligations of an enterprise or institution are acquired and implemented directly affect their administrative and legal status. These actions include:
1) creation of an enterprise or institution by decision of the owner of the property or a body authorized by him or by decision of the labor collective of the enterprise;
state registration carried out at the location of an enterprise or institution by a local government authority;
obtaining permission to engage in certain types of activities, issued administratively by a local government authority;
formation of a body for managing the affairs of the established enterprise or institution;
determination of the range of issues and powers of higher state bodies in relation to an enterprise or institution;
maintaining and providing accounting and statistical reporting.
A feature of the administrative-legal status of state unitary enterprises and institutions is, first of all, that they are the property of the state.
In this case, the jurisdiction of state bodies includes the following:
creation of enterprises;
determining the subject and goals of their activities;
approval of the charter;
enterprise management;
appointment and dismissal of managers;
granting, in specified cases, government contracts;
reorganization and liquidation of state enterprises.
In accordance with current legislation, state-owned enterprises, depending on the legal regime of their property, are divided into two types:
based on the right of economic management;
based on the right of operational management.
Unitary enterprises founded under the right of operational management are formed by decision of the Government of the Russian Federation on the basis of federal property.
The constituent document of a unitary enterprise is its charter. For unitary enterprises based on the right of economic management, the charter is approved by a state body. The charter of a unitary enterprise based on the right of operational management (federal government enterprise) is approved by the Government of the Russian Federation.
A variety of state enterprises are: state-owned plants, factories and farms. Their legal status is characterized, first of all, by a lesser degree of independence compared to ordinary state-owned enterprises. For example, unused or improperly used property may be confiscated from them.
State-owned enterprises are subject to the powers of higher management bodies to a greater extent when compared with unitary enterprises, which are based on the right of economic management:
mandatory reporting of the enterprise in established forms;
personal responsibility of the manager;
the obligation to use federal funds for their intended purpose;
types of activities and the procedure for distribution of profits, prices and tariffs for services are established in the manner determined by the Government of the Russian Federation;
property of such an enterprise that is not used for its intended purpose or that has not been used for a long time may be confiscated.
It should be noted that the influence of government agencies on state-owned enterprises is specific; this is expressed in the fact that it does not have the character of state management of their main activities. Persons forming the administration of a non-state enterprise are not employees vested with government powers in relation to employees. The state also does not participate in recruiting its members, this is the prerogative of the founders.
Management of the activities of a state unitary enterprise is based on the principle of unity of command, and is carried out by its director, who is appointed by the Government of the Russian Federation or a federal body on the basis of a contract.
A feature of the administrative and legal status of non-state enterprises or institutions is that the role of the state in relation to them is limited.
In this case, the state does not resolve specific issues of their establishment, determining their profile, or organizing management.
They are managed by the owners (founders) or bodies authorized by them that do not have government powers.
The procedure for the formation and liquidation of enterprises and institutions is regulated by law. The constituent document of such organizations is the charter, which is approved by the founder.
However, it must be remembered that all enterprises and institutions are subject to state registration, which is included in the unified state register.
The liquidation of non-state enterprises and institutions is carried out by decision of the founders or the body authorized to create them, or by a court decision in the case of carrying out activities without proper permission (license) or with other repeated or gross violations of the law or other legal acts, or in the systematic implementation of activities that are contrary to statutory purposes.
There are also a number of guarantees for the independence of enterprises and institutions:
illegal acts and actions of executive authorities that limit the independence of enterprises and institutions are subject to cancellation by the competent authorities;
the nature of the competence of executive authorities is such that they are removed from the direct management of the daily activities of enterprises or institutions and do not have the right to carry out administrative and administrative acts in relation to them as a form of current management;
they are given the right to protect their independence in administrative and judicial proceedings;
compliance with the rule of law in relations between executive authorities and enterprises and institutions is within the scope of general supervision of the prosecutor's office.

How does an organization differ from an institution?

In some cases, a non-profit organization may act on the basis of the general regulations on organizations of this type.

By decision of the founders (participants) or the body authorized to do so by the constituent documents, a non-profit organization may be reorganized.

Reorganization can be carried out in the form of merger, accession, division, separation and transformation. A non-profit organization can engage in business only insofar as it serves the purpose for which it was created; the business activity itself must be consistent with these goals.

Institution - a non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed by him in whole or in part - Art.

120 Civil Code of the Russian Federation. and the Organization can be either commercial, i.e. with making a profit. as a legal entity (A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights in its own name, bear responsibilities, be a plaintiff and a defendant in court - Article 48 of the Civil Code of the Russian Federation, In this case, the “educational institution” can conduct business activities provided for by its charter, including selling and leasing its property, providing paid educational services, etc.

The institution operates on the basis of its charter.

It must contain information about the name and location of the institution, the subject and purpose of its activities, management procedures, sources of property, etc.

The owner of the institution is obliged to finance the institution in whole or in part.

Since public authorities are prohibited from conducting income-generating activities, the financing of such institutions must come entirely from the appropriate budget.

An institution (organization) is

The constituent document of these legal entities is the charter approved by the owner. The name of the institution must include an indication of the owner of the property and the nature of the institution’s activities, for example: “Private Museum of A.

A. Korneeva." “An autonomous institution is recognized as a non-profit organization created by the Russian Federation, a constituent entity of the Russian Federation or a municipal entity to perform work, provide services in order to exercise the powers of state authorities, the powers of local government bodies provided for by the legislation of the Russian Federation in the fields of science, education, health, culture, social protection, employment, physical culture and sports.

What is the difference between an organization and an enterprise: practical aspect

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So, economic entities can take various organizational forms (technical enterprises, limited liability companies) and operate in a strictly defined sector. Whereas associations are present wherever there are at least two people.

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Difference between institution and organization

An organization is an association of people and resources created to perform certain tasks and satisfy the interests and needs of people. The distribution of roles and responsibilities can be either formal or informal.

Organizations operating in the field of economic and political activities require mandatory registration. At the same time, some informal associations (artist unions, interest groups) can act completely freely on the principles of voluntary participation.