Explanatory Note

This draft law "On Public Self-Governance" has been developed in connection with the adoption by the Congress of People's Deputies of the Law "On Municipal Power", which provides for public self-governance of institutions, educational, health care organizations and enterprises partially or fully financed by budgets of various levels

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The adopted Law "On Municipal Power" does not describe the procedures related to the order of decision-making on the introduction of public self-government, the formation of their structure and the governing bodies of institutions, organizations and enterprises over which public self-government is exercised, nor does it describe the rights of these governing bodies and the order of their control and liquidation.

The proposed draft law "On Public Self-Governance" is designed to solve these problems and details Chapter 9 of the Constitution of the Russian Republic adopted by the Congress of People's Deputies as a basis.

Kovalev S.N.

Osovtsov A.A.

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Article 1: General Provisions.

Public self-government shall not be part of the system of public authority of the Russian Republic.

Public self-government shall be independent of public authority within the limits of its powers.

Public self-government shall be carried out in the form of associations of public self-government, which in their activities shall be based on the principles of voluntariness, equality and legality.

Associations of public self-government are free to determine their internal structure, forms and methods of their activity and carry out their activity in accordance with the goals determined by the meeting, assembly or poll.

Associations of public self-government may, for the purpose of implementing the objectives of public self-government, establish legal entities in the organizational and legal form of non-profit organizations.

Article 2: Objectives of public self-government

Public self-government shall be carried out by residents of the Russian Republic, employees of enterprises, organizations, users of services of organizations and institutions of education, health care, public utilities and enterprises, at their own choice, whose activities are connected with partial or full budgetary financing, with the aim of realizing the right of residents, employees, users of their services to participate in management, to receive budgetary funds for their work, to attract extra-budgetary funds and to carry out the necessary actions for the implementation of public self-government. Public self-governance in respect of these institutions, organizations and enterprises shall be introduced by decision of a meeting, assembly, poll of residents, employees and (or) users of the services of these institutions, organizations and enterprises with registration of the self-governance association by the executive authorities and formation of management bodies of these institutions, organizations and enterprises, as well as boards of trustees and supervisory boards or other organizational structures by decision of public self-governance associations for participation in the management of the institutions, organizations and enterprises.

Article 3: Establishment and liquidation of associations of public self-government of educational and health care organizations.

1. Associations of public self-government in relation to institutions, organizations of education and health care shall be formed in two stages. The first stage - decision on formation of an association of public self-government - shall be adopted by an initiative group in accordance with paragraphs 2, 4 of this Article. The second stage - approval of the decision on formation of an association of public self-government by a poll-referendum - shall be made in accordance with paragraphs 3, 5 of this Article.
2. The decision on the formation of an association of public self-government shall be adopted in relation to educational and health care institutions and organizations, at the initiative of at least 10% of employees and (or) teachers of these organizations, institutions with the mandatory publication of the decision on the formation of an association of public self-government on the first page of the website of the institution, organization. The management of an institution, educational organization, health care shall be obliged within one month from the moment of receipt of the protocol of the initiative group signed by the chairman and secretary of the meeting, assembly, poll to organize a poll-referendum with the invitation to participate all teachers, students, staff of the institution, educational organization, attached to the institution, health care organization users of their services.
3. The poll-referendum shall be conducted as follows: a) By the order of the head of the institution, educational organization, health care, within 5 working days from the moment of receipt of the protocol of the initiative group signed by the chairman and the secretary of the meeting, assembly, survey, a commission for conducting the survey-referendum is formed, which includes, at the proposal of the initiative group, representatives of the initiative group - not less than 50% of the composition of the commission for conducting the survey-referendum. The same order appoints the date of the poll-referendum with the appointment of the day of its holding in person, links to the page of the website of the organization, educational institution, health care institution, where remote voting is held, and the composition of the counting commission, which includes, at the proposal of the initiative group, at least 50% of the initiative group for the meeting, gathering, poll.

b) The questions of the poll-referendum shall be formulated by the initiative group for holding the meeting, gathering, poll during the meeting, gathering, poll and shall be recorded in the minutes of the meeting, gathering, poll.

c) The decision to approve the formation of a public self-government association shall be deemed adopted if at least 50% of those who took part in the poll-referendum voted "FOR".

d) All staff, teachers, students of an institution, educational organization, health care organization shall be co-opted into the membership of a public self-government association upon their personal application, the form of which shall be approved by the initiative group of the establishment of a public self-government association of an institution, educational organization, health care organization.

       4. The decision on the formation of a self-government association in respect of educational and health care organizations and institutions shall be executed in the form of a protocol with the signatures of the chairman and secretary of the meeting, assembly, poll with the attachment of the surname, first name and patronymic of the participants of the meeting and their position.

       5. The decision to approve the formation of a local government association in respect of educational and health care organizations and institutions shall be executed in the form of a  protocol signed by the chairman and secretary of the counting commission of a poll-referendum with the surname, first name and patronymic of the participants of the poll-referendum, their position, group, class, educational institution where the student is studying, user of the services of a health care organization institution with a copy of the document of attachment to the health care institution.

Article 4: Establishment and liquidation of public self-governance associations of public service organizations and enterprises, the activities of which are related to partial or full budget financing.

1. The decision on the formation of a public self-government association shall be made in respect of public service organizations and enterprises, in accordance with paragraph 1, Article 2, at the initiative of at least 10% of their employees with the mandatory publication of the decision on the formation of a public self-government association on the first page of the website of this organization, enterprise and the possibility of co-optation into the public self-government association of any participants from among the employees of this organization, enterprise and users of their services.

2. The decision on the formation of a public self-government association in respect of organizations, public service enterprises, the activities of which are connected with partial or full budgetary financing shall be drawn up in the form of a protocol with the signatures of the chairman and secretary of the meeting, assembly, poll with the surname, first name and patronymic of the participants of the meeting and their position attached.

Article 5: Establishment and liquidation of associations of public self-government by employees, teachers, service users and their legal representatives in respect of institutions, organizations and enterprises whose activities are related to partial or full budget financing, in accordance with paragraph 1, Article 1 of this Law, for which no decisions on the formation of associations of public self-government by employees, teachers of these institutions, organizations and enterprises have been taken.

1. The decision on formation of a public self-governance association by employees, teachers, service users may be made in respect of any educational and health care institutions and organizations, public utilities and enterprises, in accordance with paragraph 1, Article 2, at the initiative of at least 10% of service users of these institutions and organizations or their legal representatives, as well as and (or) their employees, with the possibility of co-opting into the public self-governance association any participants from among employees and service users of these institutions and organizations.

2. The decision on formation of association of public self-government in relation to institutions, organizations of education, health care shall be approved by a poll-referendum of the institution, organization of education, health care in accordance with subparagraphs 1, 2 and 3 of Article 3. 1, 2 and 3 of Article 3.

3. The decision on the formation of a self-governance association in accordance with paragraph 1, Article 3 shall be formalized in the form of a protocol signed by the chairman and secretary of the meeting, gathering with the surname, first name and patronymic of the participants of the meeting, gathering or questionnaire - in the case of a poll, with the signatures, addresses and telephone numbers of those who participated in the meeting, gathering, poll. The minutes shall also indicate their relation to the organization, institution, enterprise, in respect of which the meeting, gathering, poll is held, in the form of a copy of the document of attachment to the health care institution, class or group of the educational institution where the signatory of the questionnaire or his/her legal representative is studying, address of residence.

4. A decision on the formation of a public self-government association may not be taken in respect of an institution, organization or enterprise in respect of which such a decision has already been taken earlier. In the event of a simultaneous decision to form an association of public self-government, the established associations shall create a unified association by creating common executive bodies, boards of trustees and supervisory boards and keeping unified minutes of meetings, assemblies and polls.

5. When a decision is made to establish a public self-government association in accordance with paragraph 1, Article 3 of this Law, the executive bodies of educational and health care institutions and organizations, public utilities and enterprises, in accordance with paragraph 1, Article 2 shall be obliged to ensure the publication of the decision to establish a public self-government association on the first page of the website of the institution, organization, enterprise.

Article 6: Establishment and registration of associations of public self-government.

1. The state registration of associations of public self-government shall be carried out by executive authorities in the declarative order within a period of not more than 30 days.
2. State registration of legal entities created by associations of public self-government shall be carried out in accordance with the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs".
3. An association of public self-government shall be considered established from the moment of approval of the decision on its establishment based on the results of the poll-referendum, formalized in the form of a protocol with the signatures of the chairman and secretary of the counting commission of the poll-referendum with the attachment of documents in accordance with paragraph 5 of Article 3 of this Law.

Article 7: Liquidation of an association of public self-government

1. Liquidation of an association of public self-government shall be carried out on the initiative of an association of public self-government by decision of the court in the absence of activity of the association within a year in accordance with the decision of the meeting, assembly, poll with the participation of co-opted participants that created it.
2. Liquidation of an association of public self-government does not entail liquidation of legal entities created by it.
3. State registration of a public self-government association in connection with its liquidation shall be carried out in the manner prescribed by the Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".

Article 8: Rights of a public self-government association

1. All participants of a public self-government association - both the initiative group and co-opted residents, employees and (or) users of services of these associations, organizations, institutions and enterprises shall have equal rights to adopt decisions of the public self-government association.
2. Associations of public self-government have the right to carry out activities on organization of management, control, attraction of extra-budgetary financing by organizations and institutions of education, health care, public utilities and enterprises, the activity of which is connected with partial or full budget financing, at their own choice with the purpose of realization of the right of residents, employees, service users to participate in management and control, to receive budgetary funds for their work, to attract extra-budgetary funds and to participate in the activities of these organizations, institutions and enterprises.
3. In order to exercise the right to self-governance in accordance with paragraph 1 of this Article, associations of public self-governance shall form supervisory or trustee councils, the decisions of which shall be binding on the executive bodies of institutions, organizations and enterprises. The competence of the boards of trustees and supervisory boards shall include:

a) Determination of priority areas of activities of institutions, organizations and enterprises within the framework of their statutory activities.

b) Attraction of extra-budgetary funding.

c) Appointment and termination of powers of the executive body of an institution, organization or enterprise. The appointment of the executive body should be made in accordance with the qualification requirements applicable to the positions of the institution, organization and enterprise. The powers of the executive body may be terminated not earlier than one year after the decision on its appointment.

d) Approval of the procedure for internal control and internal audit.

e) Determination of the remuneration fund for the employees of these associations, organizations, institutions and enterprises.

f) Determination of the amount of remuneration for the services of the audit organization (individual auditor) and recommendations on the amount of remuneration and compensation to be paid to permanent and temporary employees.

g) Approval of the results of work and budget execution of an institution, organization, enterprise for the past period, work plan and budget for the next period.

h) Approval of internal documents of the institution, organization, enterprise.

i) Approval of the charter of the institution, organization, enterprise and other documents regulating their work and making amendments thereto. j) Control over the use of budgetary and attracted extra-budgetary funds. 4. On the initiative of at least 10% of those who voted for the formation of a public self-government association, the executive body of the public self-government association shall, within one month, convene an extraordinary meeting, gathering or organize a poll to resolve the issues raised by the initiators of the extraordinary meeting, gathering or poll, including the rotation of the executive bodies formed by the public self-government association.

Article 9. Supervision and control over the activity of associations of public self-government.

1. Supervision over the observance of laws by associations of public self-government shall be exercised by the Prosecutor's Office of the Russian Republic.
2. Control over the effectiveness of the management of an institution, organization, enterprise shall be exercised by a meeting, gathering or by the results of a poll of the founders of an association of public self-government, which shall be convened at least once a year, shall hear and approve a report on the work of the association of public self-government and its management bodies of the institution, organization, enterprise.
3. In case of non-approval of the report on the work of a public self-government association by the meeting, assembly or poll, a decision on re-election of the management bodies of the public self-government association - supervisory (trustee) councils may be taken.