Who is responsible for the institution's obligations? New on the forum

Polotovskaya Elena Yurievna, graduate student Law Institute FSBEI HPE "State University - UNPC".

One of the main problems of the theory civil liability we can rightfully recognize the problem of bringing to subsidiary civil liability public legal entities for the debts of the organizations they created. From the contents of Art. 48 Civil Code Russian Federation it follows that a legal entity is liable for its obligations with the property that it has by right of ownership, economic management or operational management. However, there are exceptions to this rule. One of these exceptions is legal entities created in the organizational and legal form of institutions.

Key words: institution, responsibility, owner, obligations, property, compensation fund.

A problem of applying subsidiary civil and legal action against the public and legal formations for debts of the organizations they created can be acknowledged by rights as one of the main problems of the theory of civil and legal responsibility. As provided in art. 48 of the Civil Code of the RF the legal entity which is liable is responsible for property which is on the property right, economic ownership or operational management. However there are some exceptions from this rule. One of these exceptions is the legal entities created in the organizational and legal form.

Key words: institution, responsibility, owner, obligations, property, compensation fund.

According to the previous version of Art. 120 of the Civil Code of the Russian Federation, institutions were liable for their obligations with the funds at their disposal. If they are insufficient subsidiary liability their obligations were borne by the owner of the relevant property.

From January 1, 2011, in connection with the differentiation of state (municipal) institutions into state, budget and autonomous stations. 120 of the Civil Code of the Russian Federation was subjected to next change. IN current edition Art. 120 of the Civil Code of the Russian Federation established earlier legal regime liability is extended only to government institutions - they are liable for their obligations with the funds at their disposal. If the specified Money The owner of its property bears subsidiary liability for the obligations of such an institution.

From the analysis of paragraph 2 of Art. 120, art. 399 of the Civil Code of the Russian Federation, taking into account the explanations set out in the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 21, it follows that the owner of an institution can be held vicariously liable for the obligations of institutions if there are following conditions <1>:

<1>Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2006 N 21 “On some issues in the practice of consideration by arbitration courts of disputes involving state and municipal institutions related to the application of Article 120 of the Civil Code of the Russian Federation” // Bulletin of the Supreme Arbitration Court of the Russian Federation. 2006. N 8.

• the principal debtor refused to satisfy the creditor's demand or the creditor did not receive from him reasonable time response to the presented demand;
• the institution lacks funds with which the creditor’s claims can be satisfied;
• mandatory filing of a claim against the main debtor;
• in relation to institutions in the process of liquidation, the creditor must submit a claim to liquidation commission until the completion of liquidation (clauses 1, 2, 6 of Article 63, clause 5 of Article 64 of the Civil Code of the Russian Federation, clause 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation No. 21).

Analysis of the practice of applying the rules on the responsibility of government institutions allowed us to draw attention to the following main points:

• insufficient budget financing institution on the part of the owner of his property is not a basis for exemption from the responsibility of the institution due to the absence of his guilt;
• the owner of the property of a state-owned institution is not liable in a subsidiary manner for the obligations of the institution arising from public legal relations;
• defendant in court in a claim against subsidiary debtor must perform chief manager funds federal budget, and the performer court decision is a body of the Federal Treasury of the Russian Federation.

Unlike state-owned institutions, the owner does not bear subsidiary liability for the obligations of budgetary and autonomous institutions.

At the same time, according to Art. 120 of the Civil Code of the Russian Federation, a budgetary institution is liable for its obligations with all property it has under the right of operational management, both assigned to the budgetary institution by the owner of the property, and acquired from income received from income-generating activities, with the exception of particularly valuable movable property assigned to a budgetary institution by the owner of this property or acquired by the budgetary institution at the expense of funds allocated by the owner of the property of the budgetary institution, as well as real estate.

The literature notes that in practice there is some ambiguity with the definition of the range of property of a budgetary institution that is classified as particularly valuable. The fact is that the procedure for determining especially valuable property budgetary institution is prescribed in clause 11 of Art. 9.2 of the Federal Law “On Non-Profit Organizations”, which states that “for the purposes of this Federal Law, especially valuable movable property means movable property, without which the implementation of its statutory activities by a budgetary institution will be significantly difficult.” However, in the Federal Law “On Non-Profit Organizations” there is not a word about the responsibility of a budgetary institution for its debts, and the rules on how especially valuable property is determined are given in order to establish what property the institution has the right to dispose of only with the consent of the owner (clause 10 of Art. 9.2). As a result, the question arises as to whether it is possible to apply the specified norms of the Federal Law “On Non-Profit Organizations” to the liability relations of a budgetary institution, or whether the list of particularly valuable property of a budgetary institution is determined solely on the basis of the discretion of law enforcement agencies.

In our opinion, we should join the opinion of V.A. Boldyrev that the clause “for the purposes of this Law” does not exclude the possibility of considering lists of especially valuable property as evidence of special value in the activities of law enforcement agencies, which, as is known, are inclined to apply formally defined, and therefore not controversial, rules<2>.

<2>See: Boldyrev V.A. Property liability of institutions // Law and Economics. 2011. N 8.

Taking into account the specified features of the degree of responsibility budgetary institutions, it should be noted that they do not guarantee real protection interests of creditors of such institutions. After all, only inexpensive furniture and office supplies of a budget institution will be the object of recovery. In fact, this state of affairs may encourage existing and potential counterparties of budgetary institutions to perform work, provide services or transfer goods only on an advance payment basis. The reliability of such a debtor is more than doubtful.

The property liability of autonomous institutions in its scope to date generally does not differ from the property liability of budgetary institutions. According to Art. 120 of the Civil Code of the Russian Federation, an autonomous institution is responsible for its obligations with all the property it has under the right of operational management, with the exception of real estate and especially valuable movable property assigned to the autonomous institution by the owner of this property or acquired by the autonomous institution at the expense of funds allocated by such owner.

At the same time, to assert that the difference between property liability There are no autonomous and budgetary institutions, which is incorrect. This difference is most noticeable in the collection procedure. The claimant, whose claim against the debtor - an autonomous institution is established by an executive document, does not have the opportunity to resort to the collection procedure that is provided for budgetary institutions, i.e. present it to the financial authority for execution. This means that the claimant has the opportunity to immediately apply with the writ of execution directly to the bailiff, as well as to a bank or other credit institution in the manner regulated by Art. 8 of the Federal Law "On Enforcement Proceedings".

Considering specified standards, the literature notes that the Federal Law “On Autonomous Institutions” does not provide guarantees for ensuring autonomous institution property sufficient for him to carry out his activities and on which foreclosure can be applied. The complete elimination of owner responsibility makes the position of counterparties even more unstable. L.A. Novoselova notes that the creation of such an “inferior” subject is a kind of response to judicial practice recent years, associated with an unambiguous solution to the issue of the responsibility of the state and municipalities for the debts of the institutions they created<3>.

<3>See: Novoselova L.A. Autonomous institutions // Corporations and institutions: Collection of articles / Responsible. ed. M.A. Rozhkova. M., 2007. P. 190.

As a way to solve this problem, some authors propose to extend the institution of insolvency (bankruptcy) to budgetary and autonomous institutions.<4>. However, such an opinion seems unfounded, since it does not take into account the social component of the activities of autonomous and budgetary institutions.

<4>See, for example: Telyukina M.V. Basics bankruptcy law. M., 2004. P. 123. See also: Folgerova Yu.N. Institutions as subjects of insolvency (bankruptcy) // Business Security. 2010. N 1. P. 20 - 21.

The provision of draft Federal Law N 47538-6 “On amendments to parts one, two, three and four of the Civil Code of the Russian Federation, as well as to certain legislative acts Russian Federation" that non-profit organization carrying out income-generating activities must have separate property, which may be recovered for its obligations, in an amount not less than the minimum authorized capital provided for companies with limited liability <5>. However, the draft does not regulate the mechanism for the formation of such property.

<5>Draft Federal Law N 47538-6 "On amendments to parts one, two, three and four of the Civil Code of the Russian Federation, as well as certain legislative acts of the Russian Federation" // SPS "ConsultantPlus".

We believe that it is advisable to enshrine in civil legislation a norm obliging budgetary and autonomous institutions to form a compensation fund from funds received for the provision of services and performance of work to legal entities and individuals for a fee. At the same time, it seems advisable to legislate a provision on the minimum amount of periodic contributions to the compensation fund, for example, 5% of the funds received by an autonomous or budgetary institution for the provision of each paid service or performing paid work.

In addition, we propose to consider the compensation fund of a budgetary or autonomous institution as “stable” funds, through which the debt of a budgetary or autonomous institution to creditors is collected. A budgetary or autonomous institution has no right to dispose of the funds forming the compensation fund. This will increase the responsibility of institutions for fulfilling their civil obligations and will serve as a sufficient guarantee for creditors when concluding agreements with budgetary and autonomous institutions. In this regard, we believe that establishing the functioning mechanism compensation fund autonomous and budgetary institutions will sharply reduce the number of cases of non-satisfaction of creditors' claims by such institutions.

1. An institution is recognized as a non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature.

The rights of an institution to property assigned to it by the owner, as well as to property acquired by the institution, are determined in accordance with Article 296 of this Code.

2. An institution can be created by a citizen or legal entity (private institution) or, respectively, by the Russian Federation, a subject of the Russian Federation, municipal entity(state or municipal institution).

A state or municipal institution can be an autonomous, budgetary or government institution.

A private institution is financed in whole or in part by the owner of its property. The procedure for financial support for the activities of state and municipal institutions is determined by law.

A private or government 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.

An autonomous institution is liable for its obligations with all property under its right of operational management, with the exception of real estate and especially valuable movable property assigned to the autonomous institution by the owner of this property or acquired by the autonomous institution at the expense of funds allocated by such owner. The owner of the property of an autonomous institution is not liable for the obligations of the autonomous institution.

A budgetary institution is responsible for its obligations with all the property it has under the right of operational management, both assigned to the budgetary institution by the owner of the property, and acquired from income received from income-generating activities, with the exception of especially valuable movable property assigned to the budgetary institution by the owner of this property. property or acquired by a budgetary institution at the expense of funds allocated by the owner of the property of the budgetary institution, as well as real estate. The owner of the property of a budgetary institution is not liable for the obligations of the budgetary institution.

3. Features of the legal status of certain types of state and other institutions are determined by law and other legal acts.

1. A state or municipal institution may be a state-owned, budgetary or autonomous institution.

2. The procedure for financial support for the activities of state and municipal institutions is determined by law.

3. State and municipal institutions are not liable for the obligations of the owners of their property.

4. A government institution is liable for its obligations with the funds at its disposal. If there is insufficient funds, the owner of its property bears subsidiary liability for the obligations of a government institution.

5. A budgetary institution is liable for its obligations with all the property it has under the right of operational management, including those acquired from income received from income-generating activities, with the exception of especially valuable movable property assigned to the budgetary institution by the owner of this property or acquired by the budgetary institution at the expense of funds allocated by the owner of his property, as well as real estate, regardless of the reasons for which it was received operational management budgetary institution and with what funds it was acquired.

For the obligations of a budgetary institution related to causing harm to citizens, in the event of insufficiency of the institution's property, on which, in accordance with the first paragraph of this paragraph, foreclosure may be taken, subsidiary liability is borne by the owner of the property of the budgetary institution.

6. An autonomous institution is liable for its obligations with all the property it has under the right of operational management, with the exception of real estate and especially valuable movable property assigned to the autonomous institution by the owner of this property or acquired by the autonomous institution at the expense of funds allocated by the owner of its property.

For the obligations of an autonomous institution related to causing harm to citizens, in the event of insufficiency of the institution's property, on which, in accordance with the first paragraph of this paragraph, foreclosure may be taken, subsidiary liability is borne by the owner of the property of the autonomous institution.

7. A state or municipal institution may be transformed into a non-profit organization of other organizational and legal forms in cases provided for by law.

8. Features of the legal status of state and municipal institutions individual types determined by law.

Commentary on Article 123.22 of the Civil Code of the Russian Federation

1. On January 1, 2011, complex changes affecting legal status budgetary institutions introduced by Federal Law No. 83-FZ of May 8, 2010 “On amendments to certain legislative acts of the Russian Federation in connection with improving the legal status of state (municipal) institutions.” Changing the legal status of budgetary institutions without transforming them was justified by the need to ensure the functioning of such institutions on the basis of market principles, to create conditions and incentives to reduce internal costs and increase the efficiency of their activities. To achieve the objectives, the following was proposed:

1) change the mechanisms of financial support for budgetary institutions with an expanded scope of rights, transferring them from January 1, 2011 from estimated financing to subsidies as part of the implementation of a state task;

2) grant the right to budgetary institutions to engage in income-generating activities with the receipt of income in independent disposal these institutions;

3) eliminate the subsidiary liability of the state for the obligations of budgetary institutions with an expanded scope of rights;

4) expand the rights of budgetary institutions to dispose of any movable property assigned to the institution, with the exception of especially valuable movable property, the list of which is established by the authority public authority- founder of the relevant institution.

As a result, there are three types of state or municipal institutions: autonomous, budgetary and state-owned. At the same time, a change in one type of state or municipal institution another. Such a change is carried out only by making appropriate changes to the constituent documents of the institution.

2. The main activities of budgetary and state institutions are recognized as activities directly aimed at achieving the goals for which they were created. An exhaustive list of activities that budgetary and government institutions can carry out in accordance with the purposes of their creation is determined constituent documents institutions.

An important characteristic of an institution as a legal entity is that its activities are financed by the owner of its property. Such financing must cover either all or the basic needs of the institution arising in connection with its activities. The law on the procedure for financial support for the activities of state and municipal institutions, which is mentioned in the commented article, has not yet been adopted.

3. According to Art. 9.2 of the Law on Non-Profit Organizations, a budgetary institution is recognized as a non-profit organization created by the Russian Federation, a subject of the Federation or a municipal entity to perform work, provide services in order to ensure the implementation of provided for by law RF powers of the respective bodies state power (government agencies) or local government bodies in the fields of science, education, healthcare, culture, social protection, employment, physical culture and sports, as well as in other areas.

Budgetary institutions carry out activities in accordance with state (municipal) assignments, which are formed and approved by the relevant body exercising the functions and powers of the founder. At the same time, a budgetary institution’s refusal to fulfill a state (municipal) task is not allowed. At the same time, budgetary institutions are given the right to perform work for a fee, provide services related to its main activities, provided for by its constituent document, in addition to the established state (municipal) assignment. The procedure for determining the specified fee is established by the relevant body exercising the functions and powers of the founder.

The property of a budgetary institution is assigned to it with the right of operational management in accordance with the Civil Code of the Russian Federation. The owner of the property of a budgetary institution is, respectively, the Russian Federation, a subject of the Federation or a municipal entity. At the same time, it is necessary for the budgetary institution to fulfill its statutory tasks land plot is provided to him on the right of permanent (unlimited) use.

A budgetary institution, without the consent of the owner, has no right to dispose of particularly valuable movable property assigned to it by the owner or acquired by the budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as real estate. The budgetary institution has the right to dispose of the rest of the property under the right of operational management independently. The exceptions are the following cases:

Completion of a major transaction by a budgetary institution (only with the prior consent of the body exercising the functions and powers of the founder);

Placement of funds on deposits in credit organizations, as well as making transactions with securities (such actions are possible if provided for by the relevant federal law);

The interest of the relevant person in a transaction to which the non-profit organization is or intends to be a party, as well as in the event of any other conflict of interests of such person and the non-profit organization in relation to an existing or proposed transaction ( interested party must report their interest and obtain approval from the body exercising the functions and powers of the founder).

Financial support for the implementation of state (municipal) tasks by a budgetary institution is carried out in the form of subsidies from the corresponding budget of the budgetary system of the Russian Federation. Such provision is carried out taking into account the costs of maintaining real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by the budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, expenses for paying taxes, for which the corresponding property, including land.

All operations with funds received by a budgetary institution are carried out through personal accounts opened in territorial body Federal Treasury or financial authority subject of the Russian Federation (municipal entity), unless a different procedure is established by federal law.

It is permitted, with the consent of the founder, to lease real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by the budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property. However, when providing said property for rent financial support The founder does not carry out maintenance of such property.

In the case of leasing, with the consent of the founder, of real estate and especially valuable movable property assigned to a budgetary institution by the founder or acquired by the budgetary institution at the expense of funds allocated to it by the founder for the acquisition of such property, the founder does not provide financial support for the maintenance of such property.

A budgetary institution has the right to carry out income-generating activities only insofar as it serves to achieve the goals for which it was created and corresponds to these goals, provided that such activities are specified in its constituent documents. At the same time, the income received from such activities and the property acquired from these incomes come to the independent disposal of the budgetary institution (new edition of Article 298 of the Civil Code).

A budgetary institution is responsible for its obligations with all the property it has under the right of operational management. The only exception is especially valuable movable property assigned to a budgetary institution by the owner of this property or acquired by such an institution at the expense of funds allocated by the owner of its property, as well as real estate, regardless of the reasons for which it came into the operational management of the budgetary institution and at the expense of which funds it was purchased. If the institution’s property is insufficient for certain species socially significant obligations the owner of the property of a budgetary institution bears subsidiary liability. The said liability for obligations related to causing harm to citizens is given retroactive effect. Taking into account Part 15 of Art. 3 of Federal Law No. 99-FZ of May 5, 2014, subsidiary liability of the owner of the property of a budgetary institution in the presence of the specified damage extends to legal relations that also arose after January 1, 2011.

4. According to Art. 6 Budget Code In the Russian Federation, a state (municipal) institution is recognized as a state institution that provides state (municipal) services, performs work and (or) performs state (municipal) functions in order to ensure the implementation of the powers of state authorities (state bodies) or local government bodies provided for by the legislation of the Russian Federation, financial support of whose activities is carried out at the expense of the corresponding budget on the basis of the budget estimate.

Unlike a budgetary institution, a government institution does not have the right to alienate or otherwise dispose of property without the consent of the property owner. A government institution may carry out income-generating activities in accordance with its constituent documents. All income received from these activities goes to the corresponding budget of the budget system of the Russian Federation. At the same time, it should be noted that according to Part 22 of Art. 30 of the Federal Law of May 8, 2010 N 83-FZ, the main managers of budget funds, which are in charge of government institutions that carry out income-generating activities, have the right to distribute budget allocations between these institutions, taking into account the volume of income from income-generating activities carried out by these institutions, credited to the corresponding budget of the budget system of the Russian Federation.

A government institution does not have the right to provide and receive credits (loans), acquire securities. Subsidies and budget loans are not provided to government institutions. If the limits are insufficient budget obligations, entrusted to a government institution for its execution monetary obligations, for such obligations on behalf of the Russian Federation, a subject of the Federation, a municipal entity, the state authority (state body), the governing body of the state extra-budgetary fund, local government body, authority local administration, carrying out budgetary powers the main manager of budgetary funds, who is in charge of the corresponding government institution.

In full accordance with general provisions clause 3 art. 123.21 of the Civil Code of the Russian Federation, a state institution is liable for its obligations with the funds at its disposal. If there is insufficient funds, subsidiary liability for the obligations of a government institution is borne by the owner of its property (see commentary to Article 123.21 of the Civil Code).

5. Unlike budgetary institutions, the legal status and activities of autonomous institutions are more detailed special law. First of all, it should be noted that the Federal Law of November 3, 2006 N 174-FZ “On Autonomous Institutions”, in comparison with the commented article, specifies the goals of creating such institutions. At the same time, the list of areas of activity defined by the Law on Autonomous Institutions also remains open. In particular, an autonomous institution is recognized as a non-profit organization created by the Russian Federation, a subject of the Federation or a municipal entity to perform work, provide services in order to exercise the powers of state authorities and local governments provided for by the legislation of the Russian Federation in the fields of science, education, healthcare, culture, social protection , employment, physical culture and sports, as well as in other areas (clause 1 of article 2 of the Law on Autonomous Institutions).

An autonomous institution can be created by establishing it or by changing the type of an existing state or municipal institution. The decision to create an autonomous institution based on property located in federal property, adopted by the Government of the Russian Federation on the basis of proposals federal bodies executive power, unless otherwise provided by normative legal act President of the Russian Federation.

A proposal to create an autonomous institution by changing the type of an existing state or municipal institution is prepared by the relevant executive body of state power or local government on the initiative or with the consent of the state or municipal institution.

The constituent document of an autonomous institution is the charter approved by its founder. The charter of an autonomous institution must contain the following information:

1) the name of the autonomous institution, including the words “autonomous institution” and containing an indication of the nature of its activities, as well as the owner of its property;

2) about the location of the autonomous institution;

3) on the body exercising the functions and powers of the founder of the autonomous institution;

4) about the subject and goals of the activities of the autonomous institution;

5) exhaustive list types of activities that an autonomous institution has the right to carry out in accordance with the goals for which it was created;

6) about branches, representative offices of an autonomous institution;

7) on the structure, competence of the bodies of the autonomous institution, the procedure for their formation, terms of office and procedure for the activities of such bodies;

8) about other information provided for by federal laws.

The Law on Autonomous Institutions established Additional requirements to the governing bodies of such institutions. As mandatory bodies controls are provided:

Head of an autonomous institution;

Supervisory Board of the Autonomous Institution;

Others provided by law and the charter of the autonomous institution bodies ( general meeting(conference) of employees of an autonomous institution, academic council, artistic council, etc.).

The competence of the head of an autonomous institution (director, general director, rector, chief physician, artistic director, manager, etc.) include issues related to the ongoing management of the activities of an autonomous institution, with the exception of issues referred by law or the institution’s charter to the competence of its founder, supervisory board or other bodies of an autonomous institution. The head of an autonomous institution, without a power of attorney, acts on behalf of the autonomous institution, including representing its interests and making transactions on its behalf, states staffing table autonomous institution, a plan for its financial and economic activities, its annual financial statements and regulating the activities of an autonomous institution internal documents, issues orders and gives instructions that are binding on all employees of the autonomous institution.

The supervisory board of the autonomous institution exercises control over current activities institutions. Such a council is created with no less than five and no more than 11 members. The supervisory board of an autonomous institution includes representatives of the founder of the autonomous institution, executive bodies state authorities or local government bodies entrusted with the management of state or municipal property, and representatives of the public, including persons with merits and achievements in the relevant field of activity. The following issues fall within the competence of the supervisory board:

1) proposals from the founder or manager to amend the charter of the autonomous institution;

2) proposals from the founder or manager on the creation and liquidation of branches of an autonomous institution, on the opening and closing of its representative offices;

3) proposals from the founder or manager for the reorganization of an autonomous institution or for its liquidation;

4) proposals from the founder or manager for the seizure of property assigned to the autonomous institution with the right of operational management;

5) proposals from the head on the participation of an autonomous institution in other legal entities, including on the contribution of funds and other property to the authorized (share) capital of other legal entities or on the transfer of such property in another way to others legal entities as a founder or participant;

6) issues of financial and economic activities of the autonomous institution, including proposals from the head of the autonomous institution to commit major transactions, on making transactions in which there is an interest, on making transactions to dispose of property that an autonomous institution does not have the right to dispose of independently.

Unlike other institutions, an autonomous institution in to a sufficient extent regardless of the decisions of the property owner. Thus, the income of an autonomous institution comes at its independent disposal and is used by it to achieve the goals for which it was created. At the same time, the owner of the property of an autonomous institution does not have the right to receive income from the activities of the autonomous institution and the use of property assigned to the autonomous institution. At the same time, the founder provides financial support for the completion of the task, taking into account the costs of maintaining real estate and especially valuable movable property assigned to the autonomous institution by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of such property, expenses for paying taxes, and also financial support for the development of autonomous institutions within the framework of programs approved in in the prescribed manner. Financial support is provided in the form of subventions and subsidies from the budget of the Russian Federation and other sources not prohibited by federal laws.

In the case of leasing, with the consent of the founder, of real estate or especially valuable movable property assigned to an autonomous institution by the founder or acquired by the autonomous institution at the expense of funds allocated to it by the founder for the acquisition of such property, the founder does not provide financial support for the maintenance of such property.

Thus, an autonomous institution is financed by its founder only to the extent that the financing ensures the fulfillment of those tasks for the autonomous institution that the founder establishes in accordance with the main activities provided for by its charter. The responsibility of an autonomous institution for its obligations has some differences compared to budgetary and state institutions (see commentary to Article 123.21 of the Civil Code).

Policy regarding the processing of personal data

1. Terms and accepted abbreviations

1. Personal data (PD) – any information relating to a directly or indirectly identified or identifiable individual (PD subject).

2. Processing of personal data – any action (operation) or set of actions (operations) performed using automation tools or without the use of such means with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

3. Automated processing personal data – processing of personal data using computer technology.

4. Personal data information system (PDIS) – a set of personal data contained in databases and ensuring their processing information technologies and technical means.

5. Personal data made publicly available by the subject of personal data is PD, access of an unlimited number of persons to which is provided by the subject of personal data or at his request.

6. Blocking of personal data – temporary cessation of processing of personal data (except for cases where processing is necessary to clarify personal data).

7. Destruction of personal data - actions as a result of which it becomes impossible to restore the content of personal data in the personal data information system and (or) as a result of which the material media of personal data are destroyed.

8. A cookie is a piece of data that is automatically placed on your computer's hard drive each time you visit a website. So a cookie is unique identificator browser for a website. Cookies make it possible to store information on a server and help you navigate the web more easily, as well as allow you to analyze the site and evaluate the results. Most web browsers allow cookies, but you can change your settings to refuse cookies or to track cookies. However, some resources may not work correctly if cookies are disabled in the browser.

9. Web tags. On certain web pages or emails The Operator may use “web tagging” technology (also known as “tags” or “fine GIF technology”), which is common on the Internet. Web tags help analyze the performance of websites, for example by measuring the number of visitors to a site or the number of “clicks” made on key positions on a site page.

10. Operator - an organization that, independently or jointly with other persons, organizes and (or) carries out the processing of personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, and actions (operations) performed with personal data.

11. User – Internet user.

12. The site is a web resource https://lc-dv.ru, belonging to the Society with limited liability " Legal center»

2. General provisions

1. This Policy regarding the processing of personal data (hereinafter referred to as the Policy) is drawn up in accordance with paragraph 2 of Article 18.1 of the Federal Law “On Personal Data” No. 152-FZ of July 27, 2006, as well as other regulatory legal acts of the Russian Federation in areas of protection and processing of personal data and applies to all personal data that the Operator may receive from the User while using the Site on the Internet.

2. The operator ensures the protection of processed personal data from unauthorized access and disclosure, misuse or loss in accordance with the requirements of the Federal Law of July 27, 2006 No. 152-FZ “On Personal Data”.

3. The operator has the right to make changes to this Policy. When changes are made, the date is indicated in the title of the Policy last update editors. The new version of the Policy comes into force from the moment it is posted on the website, unless otherwise provided new edition Politicians.

3. Principles of processing personal data

1. The processing of personal data by the Operator is carried out on the basis of the following principles:

2. legality and fair basis;

3. limiting the processing of personal data to the achievement of specific, predetermined and legitimate purposes;

4. preventing the processing of personal data incompatible with the purposes of collecting personal data;

5. preventing the merging of databases containing personal data, the processing of which is carried out for purposes incompatible with each other;

6. processing only those personal data that meet the purposes of their processing;

7. compliance of the content and volume of processed personal data with the stated purposes of processing;

8. preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;

9. ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;

10. destruction or depersonalization of personal data upon achieving the goals of their processing or in the event of loss of the need to achieve these goals, if it is impossible for the Operator to eliminate the violations of personal data, unless otherwise provided by federal law.

4. Processing of personal data

1. Obtaining PD.

1. All PD should be obtained from the subject of the PD himself. If the subject's PD can only be obtained from a third party, then the subject must be notified of this or consent must be obtained from him.

2. The operator must inform the PD subject about the purposes, intended sources and methods of obtaining PD, the nature of the PD to be received, the list of actions with PD, the period during which the consent is valid and the procedure for its revocation, as well as the consequences of the refusal of the PD subject to give written agreement to receive them.

3. Documents containing PD are created by receiving PD via the Internet from the PD subject during his use of the Site.

2. The operator processes personal data if at least one of the following conditions is present:

1. Processing of personal data is carried out with the consent of the subject of personal data to the processing of his personal data;

2. Processing of personal data is necessary to achieve the purposes provided for international treaty of the Russian Federation or by law, to implement and fulfill the functions, powers and responsibilities assigned by the legislation of the Russian Federation to the operator;

3. Processing of personal data is necessary for the administration of justice, execution judicial act, act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;

4. Processing of personal data is necessary for the execution of an agreement to which the subject of personal data is a party or beneficiary or guarantor, as well as for concluding an agreement on the initiative of the subject of personal data or an agreement under which the subject of personal data will be a beneficiary or guarantor;

5. Processing of personal data is necessary to exercise the rights and legitimate interests operator or third parties or to achieve socially significant goals, provided that the rights and freedoms of the subject of personal data are not violated;

6. Processing of personal data is carried out, access to an unlimited number of persons is provided by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);

7. The processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.

3. The operator may process PD for the following purposes:

1. increasing the awareness of the PD subject about the products and services of the Operator;

2. concluding agreements with the subject of personal data and their execution;

3. informing the subject of personal data about news and offers of the Operator;

4. identification of the subject of personal data on the Site;

5. ensuring compliance with laws and other regulations in the field of personal data.

1. Individuals who are in civil legal relations with the Operator;

2. Individuals who are Users of the Site;

5. PD processed by the Operator is data received from Users of the Site.

6. Personal data is processed:

1. – using automation tools;

2. – without the use of automation tools.

7. Storage of PD.

1. PD of subjects can be received, undergo further processing and transferred for storage as paper media, and in electronic form.

2. PD recorded on paper is stored in locked cabinets or in locked rooms with limited access rights.

3. PD of subjects processed using automation tools in for different purposes, are stored in different folders.

4. It is not allowed to store and place documents containing PD in open electronic catalogs(file sharing services) in ISPD.

5. PD is stored in a form that allows identification of the PD subject for no longer than required by the purposes of their processing, and they are subject to destruction upon achievement of the purposes of processing or in the event of the loss of the need to achieve them.

8. Destruction of PD.

1. The destruction of documents (media) containing personal data is carried out by burning, crushing (grinding), chemical decomposition, transformation into a shapeless mass or powder. For destruction paper documents The use of a shredder is allowed.

2. PD on electronic media destroyed by erasing or formatting the media.

3. The fact of destruction of PD is documented by an act of destruction of media.

9. Transfer of PD.

1. The operator transfers PD to third parties in following cases:
– the subject has expressed his consent to such actions;
– the transfer is provided for by Russian or other applicable legislation within the framework of established by law procedures.

2. List of persons to whom PD is transferred.

Third parties to whom PD is transferred:
The Operator transfers the PD to Legal Center LLC (located at: Khabarovsk, 680020, Gamarnika St., 72, office 301) for the purposes specified in clause 4.3 of this policy. The operator entrusts the processing of PD to Legal Center LLC with the consent of the PD subject, unless otherwise provided by federal law, on the basis of an agreement concluded with these persons. Legal Center LLC processes personal data on behalf of the Operator and is required to comply with the principles and rules for processing personal data provided for by Federal Law-152.

5. Protection of personal data

1.According to requirements regulatory documents The operator has created a personal data protection system (PDS), consisting of legal, organizational and technical protection.

2. Subsystem legal protection is a set of legal, organizational, administrative and regulatory documents that ensure the creation, operation and improvement of the SZPD.

3. Subsystem organizational protection includes the organization of the management structure of the CPPD, the permitting system, and the protection of information when working with employees, partners and third parties.

4. The technical protection subsystem includes a set of technical, software, software and hardware tools that ensure PD protection.

5. The main PD protection measures used by the Operator are:

1. Appointment of a person responsible for PD processing, who organizes PD processing, training and instruction, internal control over compliance by the institution and its employees with PD protection requirements.

2. Definition current threats security of personal data during their processing in ISPD and development of measures and measures to protect personal data.

3. Development of a policy regarding the processing of personal data.

4. Establishing rules for access to personal data processed in the ISPD, as well as ensuring registration and accounting of all actions performed with personal data in the ISPD.

5. Establishing individual passwords for employees to access the information system in accordance with their production responsibilities.

6. Application of information security tools that have passed the conformity assessment procedure in accordance with the established procedure.

7. Certified antivirus software with regularly updated databases.

8. Compliance with conditions ensuring the safety of personal data and excluding unauthorized access to them.

9. Detection of facts of unauthorized access to personal data and taking measures.

10. Restoration of personal data modified or destroyed due to unauthorized access to it.

11. Training of the Operator’s employees directly involved in the processing of personal data in the provisions of the legislation of the Russian Federation on personal data, including requirements for the protection of personal data, documents defining the Operator’s policy regarding the processing of personal data, local acts regarding the processing of personal data.

12. Implementation internal control and audit.

6. Basic rights of the subject of personal data and obligations of the Operator

1. Basic rights of the subject of personal data.

The subject has the right to access his personal data and the following information:

1. confirmation of the fact of processing of PD by the Operator;

2. legal basis and purposes of PD processing;

3. goals and methods of PD processing used by the Operator;

4. name and location of the Operator, information about persons (except for the Operator’s employees) who have access to PD or to whom PD may be disclosed on the basis of an agreement with the Operator or on the basis of federal law;

5. terms of processing of personal data, including periods of their storage;

6. the procedure for the exercise by the subject of personal data of the rights provided for by this Federal Law;

7. name or surname, first name, patronymic and address of the person processing PD on behalf of the Operator, if the processing has been or will be assigned to such a person;

8. contacting the Operator and sending him requests;

9. appealing the actions or inaction of the Operator.

10. The Site user may at any time withdraw his consent to the processing of PD by sending an email to the following email address: [email protected], or by sending written notice at the address: 680020, Khabarovsk, st. Gamarnika, house 72, office 301

eleven. . After receiving such a message, the processing of the User's PD will be stopped and his PD will be deleted, except in cases where processing can be continued in accordance with the law.

12. Responsibilities of the Operator.

The operator is obliged:

1. when collecting PD, provide information about PD processing;

2. in cases where the PD was not received from the subject of the PD, notify the subject;

3. if the subject refuses to provide PD, the consequences of such refusal are explained to the subject;

5. take the necessary legal, organizational and technical measures or ensure their adoption to protect PD from unauthorized or accidental access to it, destruction, modification, blocking, copying, provision, distribution of PD, as well as from other misconduct in relation to PD;

6. provide responses to requests and appeals from PD subjects, their representatives and authorized body to protect the rights of personal data subjects.

7. Features of processing and protection of data collected using the Internet

1. There are two main ways in which the Operator receives data via the Internet:

1. Providing PD by PD subjects by filling out the Site forms;

2. Automatically collected information.

The operator can collect and process information that is not PD:

3. information about the interests of Users on the Site based on the entered search queries of Site users about services and goods sold and offered for sale in order to provide up-to-date information To Users when using the Site, as well as generalization and analysis of information about which sections of the Site, services, products are in greatest demand among Site Users;

4. processing and storing search queries of Site Users for the purpose of summarizing and creating statistics on the use of sections of the Site.

2. The Operator automatically receives certain types of information obtained during the interaction of Users with the Site, correspondence via e-mail and so on. It's about about technologies and services such as cookies, Web tags, as well as User applications and tools.

3. At the same time, Web tags, cookies and other monitoring technologies do not make it possible to automatically receive PD. If the Site User at his own discretion provides his PD, for example, when filling out a form feedback, then only then do automatic collection processes start detailed information for ease of use of the Site and/or to improve interaction with Users.

8. Final provisions

1. This Policy is local normative act Operator.

2. This Policy is publicly available. The public availability of this Policy is ensured by publication on the Operator’s Website.

3. This Policy may be revised in any of the following cases:

1. when the legislation of the Russian Federation in the field of processing and protection of personal data changes;

2. in cases of receiving instructions from the competent government authorities to eliminate inconsistencies affecting the scope of the Policy

3. by decision of the Operator;

4. when the purposes and terms of PD processing change;

5. when changing organizational structure, structure of information and/or telecommunication systems (or introduction of new ones);

6. when using new technologies for processing and protecting personal data (including transmission, storage);

7. when there is a need to change the process of processing personal data related to the activities of the Operator.

4. In case of failure to comply with the provisions of this Policy, the Company and its employees are liable in accordance with current legislation Russian Federation.

5. Control of compliance with the requirements of this Policy is carried out by persons responsible for organizing the processing of Company Data, as well as for the security of personal data.