The concept of a local act Local regulations are understood to be developed and adopted by an educational organization in accordance with its competence, determined by the current legislation of the Russian Federation and the constituent documents of the employer, internal documents establishing norms (rules) of a general nature intended to regulate managerial, financial, economic, personnel and other functional activities of the organization. A local act of the highest legal force in an organization should be recognized as its charter.

Continuation The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information: 1) the type of educational organization; 2) the founder or founders of the educational organization; 3) types of educational programs being implemented, indicating the level of education and (or) focus; 4) the structure and competence of the governing bodies of the educational organization, the procedure for their formation and the terms of office.

Continuation In accordance with paragraph 3 of Art. 14 of the Federal Law of the Federal Law "On Non-Commercial Organizations" in the constituent documents of a non-profit organization, the name of the non-profit organization must be determined, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and purpose of the activity, information about the branches and representations, rights and obligations of members, conditions and procedure for admission to membership in a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the property of a non-profit organization, the procedure for amending the constituent documents of a non-profit organization, the procedure for using property in in the event of liquidation of a non-profit organization and other provisions provided for by this Federal Law and other federal laws.

Continuation The charter of a budgetary or public institution must also contain the name of the institution, an indication of the type of institution, information about the owner of its property, an exhaustive list of activities that a budgetary or public institution is entitled to carry out in accordance with the goals for which it was created, instructions on the structure, the competence of the management bodies of the institution, the procedure for their formation, the terms of office and the procedure for the activities of such bodies. In accordance with Art. 7 of the Federal Law of the Federal Law "On Autonomous Institutions" The charter of an autonomous institution must contain the following information: 1) the name of the autonomous institution, containing an indication of the nature of its activities, as well as the owner of its property; 1.1) an indication of the type - "autonomous institution";

Continuation 2) the location of the autonomous institution; 3) information about the body exercising the functions and powers of the founder of the autonomous institution; 4) the subject and purpose of the autonomous institution's activity; 5) an exhaustive list of the types of activities that the autonomous institution is entitled to carry out in accordance with the goals for the achievement of which it was created; 6) information about branches, representative offices of the autonomous institution; 7) the structure, competence of the bodies of an autonomous institution, the procedure for their formation, terms of office and the procedure for the activities of such bodies; 8) other information provided for by federal laws.

Types of local acts There are a lot of types of local acts, for convenience they can be classified according to the following criteria. 1. In terms of importance: mandatory - the composition of such local acts is determined by labor and civil legislation. The Labor Code of the Russian Federation, the Federal Law "On Education in the Russian Federation" contain a direct indication of the adoption of such documents (for example, Articles 135, 189 of the Labor Code of the Russian Federation, Article 52 of the Civil Code of the Russian Federation, Article 25 of the Federal Law "On Education in the Russian Federation "). optional - such documents are not directly provided for by law, the institution adopts local acts at its discretion (for example, the Regulation on voluntary medical insurance, the Regulation on the organization of children's recreation).

Continuation 2. By scope: - general in nature, applicable to the entire organization (for example, internal labor regulations, vacation schedule); - of a special nature, concerning certain issues (for example, the Regulation on the sending of employees on business trips, the Regulation on structural divisions, the Regulation on specialized offices). 3. By the circle of persons: - applicable to all employees of the organization (for example, Internal Labor Regulations, vacation schedule); - applicable to a certain category of participants in legal relations (Regulation on irregular working hours, Regulation on the provision of additional vacations to employees, Rules of conduct for students in an educational institution).

Continuation 4. By the method of adoption: - adopted by the employer individually (for example, Regulations on structural divisions); - adopted taking into account the opinion of the representative body of employees (for example, the Regulation on the provision of additional vacations to employees). In this case, when adopting local acts, it is necessary to observe the procedure provided for in Art. 372 of the Labor Code of the Russian Federation. 5. By the period of validity: - permanent - indefinite (for example, the Internal Labor Regulations,); - with a certain period of validity (for example, vacation schedule, staffing table).

Continuation 6. By storage period: - permanent storage (for example, Regulations on remuneration, Regulations on structural divisions); - 75 years (for example, job descriptions, shift schedule - under difficult, harmful and dangerous working conditions); - other.

The structure and content of local regulations The structure and content of local acts depends on the range of issues in relation to which the adoption of such acts is necessary. Conventionally, the structure of local acts can be divided into the following parts: - general provisions: a list of regulated issues; normative legal acts, in accordance with which the local act is adopted; categories of persons falling under the local act. - the main part: the rights and obligations of the employee and the employer, administration, teaching staff and students and their parents; procedures not defined by law; actions of the parties, timing, responsibility, etc.

Continuation - final provisions: the time of entry into force of a local act, a list of local acts or individual provisions that terminate with the adoption of a new act. Local acts may contain annexes concerning the issues reflected in these acts. When writing the text of a local act, one should be guided by the norms of the Unified Documentation System. Unified system of organizational and administrative documentation. Requirements for paperwork. GOST R "(approved by the Resolution of the State Standard of Russia from Art).

Development of local regulations The procedure for the development of local acts is not legally established, therefore the educational organization determines it independently. Conventionally, the procedure for the development of local acts can be divided into the following stages: Determination of issues on which the development and approval of a local act is required. In practice, such a need is revealed during meetings, meetings, meetings of the pedagogical council. Determination of the stages and terms of the development of a local act. In practice, the employer manager) sets them when discussing issues in relation to which the development and approval of a local act is required.

Continuation Creation of a working group for the development of a local act. Such a group may consist of representatives of the administration, the teaching staff, the parent community, the public council and, in particular, the student council, since in accordance with Article 26 of the Federal Law "On Education in the Russian Federation", students of all educational organizations have the right to participate in the management of an educational organization. Articles 52, 53 of the Labor Code of the Russian Federation provide for the right of employees to participate in the management of the organization. Preparation of a draft local act. Placement of the project for discussion on the official website of the educational organization. Coordination of the draft local act. At this stage, the project must be agreed with the members of the working group and other stakeholders. Approval of the project by the head of the educational organization.

Adoption of local acts According to Art. 12 of the Labor Code of the Russian Federation (applying the analogy of the law, we extend the effect of this article to local acts regulating relations other than labor), the local act comes into force from the day it is adopted by the employer or from the day specified in this document. The head of an educational organization can adopt local acts in the following ways: approve; issue an order (decree) on the approval of the local act. Practice shows that educational organizations often use the second method. In this case, the method of approval remains an internal affair of the organization, since this order is not legally fixed.

Familiarization of subjects of educational legal relations with local regulations According to part 2 of article 22 of the Labor Code of the Russian Federation, employees must be familiarized with signature with all local acts adopted in the organization and directly related to their work activities. In accordance with paragraph 4 of Art. 9 of the Federal Law "On the Basic Guarantees of the Rights of the Child in the Russian Federation" in places accessible to children and their parents, the texts of the statutes and internal regulations of organizations are posted. If a local act concerns students, their parents, it must be brought to their attention. It is advisable to acquaint students and their parents with the local acts of the institution when entering an educational institution, at a general or class meeting. If the student and his parent in their application or otherwise provided their email address, then you can send the text of the local act by email.

Continuation There are several ways to confirm the fact that employees are familiar with local acts: By signing the person on the acquaintance sheet. His surname, first name, patronymic and date of acquaintance must also be indicated. This sheet is attached to each local act, numbered, stitched and sealed and signed by an official. or Signed by a person on a separate document - a journal of familiarization of employees, students and their parents with local acts. In contrast to the acquaintance sheet, this magazine provides for the possibility of acquaintance with several local acts. The signature of the person on the acquaintance sheet, which is an appendix to the employment contract, to the student's personal file.

Changes to local regulations An educational organization has the right to amend local acts: in connection with the entry into force or change of legislation in the field of education, a law or other regulatory legal act containing labor law, collective agreement, agreement; at its sole discretion. In this case, it is important that the adopted local acts do not worsen the situation of employees, students, their parents in comparison with labor legislation, education legislation, collective agreements, agreements (part 4 of article 8 of the Labor Code of the Russian Federation). Changes are made in the same order in which the local act was developed and approved initially.

Cancellation of local regulations The grounds for termination of a local act or its individual provisions are: expiration of the validity period. Such a situation is possible if, when developing a local act, the period of its validity was determined. entry into force of a law or other normative legal act regulating legal relations in the field of education, or containing labor law norms, a collective agreement, an agreement, when these acts establish a higher level of guarantees for employees in comparison with the current local act.

Actions of the head of the educational organization to respect the rights of participants in the educational process Establish the existence, analyze and examine local and individual regulatory legal acts, documents and materials of the educational organization, local acts of the educational organization operate only within the educational organization itself and cannot regulate relations that develop outside the organization ... In accordance with paragraph 3 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation" when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of students' councils, parental councils, student representative bodies, as well as in the manner and in cases provided for by labor legislation, representative bodies of employees.

Continuation In accordance with paragraph 4 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-FZ "On Education in the Russian Federation" the norms of local regulations that worsen the position of students or employees of an educational organization in comparison with the statute established by the legislation on education, labor legislation, or adopted in violation of the established procedure , do not apply and are subject to cancellation by the educational organization. In accordance with paragraph 2 of Art. 30 of the Federal Law of the Russian Federation of December 29, 2012 273-ФЗ "On Education in the Russian Federation", the educational organization adopts local regulations on the main issues of organizing and carrying out educational activities,

Continuation, including those regulating: the rules for admitting students, the mode of training of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for transfer, expulsion and restoration of students, the procedure for registering the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of minor students.

Local normative acts In an educational organization, it is necessary to have local normative acts of an educational organization that enshrine the rights of students on the following issues: providing conditions for learning, taking into account the characteristics of their psychophysical development and health status, including receiving social, pedagogical and psychological assistance, free psychological and medical pedagogical correction; learning according to an individual curriculum, including accelerated learning, within the studied educational program; choice of optional (optional for a given level of education, profession, specialty or field of study) and elective (mandatory) academic subjects, courses, disciplines (modules) from the list offered by the organization carrying out educational activities (after receiving basic general education);

Continuation of participation in the management of an educational organization in the manner prescribed by its charter; use of medical and recreational infrastructure, cultural and sports facilities of an educational organization; rewards for success in educational, physical culture, sports, social, scientific, scientific and technical, creative, experimental and innovative activities; attending events that are held in an organization carrying out educational activities and are not provided for by the curriculum (it is prohibited to attract students without their consent and underage students without the consent of their parents (legal representatives) to work not provided for by the educational program).

Continuation In an educational organization, there must be local regulatory acts of the educational organization securing the rights of parents (legal representatives) on the following issues: familiarization with educational and program documentation and other documents regulating the organization and implementation of the educational process; familiarization with the content of education, the methods of teaching and upbringing used, educational technologies, as well as with the assessments of the progress of their children; obtaining information about all types of planned surveys (psychological, psychological and pedagogical) of students, consent to conduct such surveys or participation in such surveys, refusal to conduct them or participate in them, obtain information on the results of the surveys carried out by students;

Continuation In the educational organization, it is necessary to have local regulatory acts of the educational organization that secure the rights of pedagogical and other employees of the educational organization on the following issues: specific labor (job) duties (labor contract and job description), the ratio of educational (teaching) and other pedagogical work within the working week or the academic year, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee, the working hours and the employee's rest time.

Posting materials on the official website of the educational organization According to Part 2 of Art. 29 of the Federal Law "On Education in the Russian Federation", an educational organization ensures openness and accessibility of: 1) information: a) on the date of creation of an educational organization, on the founder, founders of an educational organization, on the location of an educational organization and its branches (if any), mode , working hours, contact numbers and e-mail addresses; b) about the structure and governing bodies of the educational organization; c) on the educational programs being implemented, indicating academic subjects, courses, disciplines (modules), practices provided for by the corresponding educational program;

Continuation d) on the number of students undergoing educational programs at the expense of budgetary allocations from the federal budget, budgets of the constituent entities of the Russian Federation, local budgets and under agreements on education at the expense of individuals and (or) legal entities; e) about the languages ​​of education; f) on federal state educational standards, on educational standards (if any); g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any); h) on the personal composition of teaching staff, indicating the level of education, qualifications and work experience;

Continuation i) on the material and technical support of educational activities (including the availability of equipped classrooms, facilities for practical classes, libraries, sports facilities, training and education facilities, nutritional conditions and health protection of students, access to information systems and information and telecommunication networks, about electronic educational resources to which students are provided access); j) on the directions and results of scientific (research) activities and the research base for its implementation (for educational institutions of higher education, organizations of additional professional education);

Continuation k) on the results of admission for each profession, specialty of secondary vocational education (in the presence of entrance tests), each area of ​​training or specialty of higher education with different conditions of admission (to places financed from budgetary allocations of the federal budget, budgets of the constituent entities of the budgets, under agreements on education at the expense of individuals and (or) legal entities) with an indication of the average amount of points scored for all entrance examinations, as well as the results of transfer, restoration and expulsion; l) on the number of vacancies for admission (transfer) for each educational program, by profession, specialty, field of study (for places financed from budgetary allocations of the federal budget, budgets of the constituent entities of the Russian Federation, local budgets, under education contracts at the expense of funds individuals and (or) legal entities);

Continued n) on the availability and conditions for providing students with scholarships, social support measures; n) on the presence of a hostel, a boarding school, the number of living quarters in a hostel, a boarding school for nonresident students, the formation of a payment for living in a hostel; o) on the volume of educational activities, the financial support of which is carried out at the expense of budgetary allocations from the federal budget, budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities; p) on the receipt of financial and material resources and on their spending at the end of the financial year; c) employment of graduates;

Continuation 2) copies of: a) the charter of the educational organization; b) licenses for educational activities (with attachments); c) certificates of state accreditation (with attachments); d) the plan of financial and economic activities of the educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or the budget estimate of the educational organization; e) local regulations stipulated by part 2 of article 30 of the Federal Law "On Education in the Russian Federation", internal regulations of students, internal labor regulations, collective agreement;

Continuation 3) of the report on the results of self-examination. 4) a document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of training for each educational program; 5) the orders of the bodies exercising state control (supervision) in the field of education, reports on the implementation of such orders; 6) other information that is posted is published by the decision of the educational organization and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.

Local acts of the educational institution

Recommended by the Office of General Education Institutions and Inspection of the Ministry of Education of Russia as a methodological material
(extract)

1. About the formation of the organizational regulatory framework for the functioning of educational institutions
2. Technology of drawing up provisions
3. Technology for compiling job descriptions
4. Appendix 1. An indicative list of local acts of an educational institution
5. Appendix 2. An indicative list of local acts for institutions of primary vocational education
6. Appendix 3. Approximate regulations on the council of an educational institution
7. Appendix 4. Approximate regulations on the pedagogical council of an educational institution
8. Appendix 5. Approximate regulations on the parent committee of an educational institution
9. Appendix 6. Model agreement on cooperation between an educational institution and parents (legal representatives) of students
10. Appendix 7. Approximate regulations on the conflict commission of an educational institution on the resolution of disputes between participants in the educational process (examination period)
11. Appendix 8. Approximate provision on material incentives and material assistance to employees of an educational institution
12. Appendix 9. Approximate regulations on the certification commission for the state (final) certification of graduates of a general education institution
13. Appendix 10. Approximate provision on the procedure for approval, storage of examination materials in educational institutions
14. Appendix 11. Approximate provision on the procedure for conducting intermediate control in transfer classes of educational institutions

On the formation of an organizational regulatory framework for the functioning of educational institutions

Inspections carried out in various regions of Russia showed that the formation of the legal framework for the activities of educational institutions began to be implemented everywhere with more or less success.
Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, the heads of educational institutions face common problems. First of all, this is due to the self-determination established by the Law of the Russian Federation “On Education” in the form of educational institutions and the need to form a legal framework for their activities. Democratization of education determines the state-public nature of management, thanks to which state and public associations, management structures, and organizations unite and interact, coordinate their actions.
At the interregional seminars-meetings held by the Office of General Education Institutions and Inspection in 1999-2001, it was already noted that in accordance with Art. 2 of the Law of the Russian Federation “On Education” as amended by Federal Law No. 12-FZ dated 13.01.96, an educational institution is given the right to independently determine the regulatory legal framework for its activities. This is the competence of the educational institution. For educational authorities - recommendations and control.
The Ministry of Education of Russia, having analyzed the results of the inspections carried out, notes that the following problems were identified in the development of the legal framework for the activities of educational institutions:
1. Determination of the required list of local acts of the educational institution in accordance with the approved charter.
2. Development of local acts of an educational institution as a legal document in accordance with the established form.
3. Determination of tasks and functions of state-public forms of self-government of an educational institution.
4. Compliance of the developed legal framework governing the activities of an educational institution with the current legislation of the Russian Federation in the field of education.
If the first two of the listed problems are of an organizational nature, then the last two indicate that at the present stage, more and more importance is given to the quality of the formed legal field.
It is relatively easy for specialists from educational authorities to check the solution of the first, organizational, problems. An approximate list of local acts has already been discussed at a meeting on inspection in Pskov, published in a collection of information materials following this meeting and in the methodological recommendations “Local Acts of an Educational Institution” of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking the charters, which are the fundamental document for the formation of the legal framework for the activities of educational institutions, it is necessary to select a list of local acts for this institution and compare its completeness with the list that is given in the appendix to the charter.
Clause 1.7 "b" of Art. 13 of the "Charter of an educational institution" of the Law of the Russian Federation "On Education" shows that the charter of an educational institution without fail specifies: "the structure, procedure for the formation of governing bodies of an educational institution, their competence and procedure for organizing activities." Therefore, it is necessary to determine:
- what governing bodies operate in this educational institution;
- what are their functional management ties;
- whether they act in accordance with the approved regulation (local act).
This applies to the council of an educational institution, a pedagogical council, a parent committee, a general meeting of the labor collective, methodological associations by specialties, councils of high school students, councils of alumni and other self-governing bodies of an educational institution (clause 2 of article 35 of the Law of the Russian Federation “On Education”).
The classical organizational method of allocating and securing tasks, functions (duties), rights and responsibilities, establishing relationships is regulation. Regulation is carried out using regulations, job descriptions and other regulations.

Provisioning technology

Position Is an organizational and legal document that regulates the activities of departments, institutions and their structural units.
As a rule, the provisions consist of the following sections:
1. General part (general provisions).
2. Relationship with other self-government bodies.
3. The main tasks.
4. Functions (responsibilities).
5. Rights.
6. Responsibility.
7. Organization of management.
8. Office work.
Section "General part(general provisions) ”includes:
- determination of the status of the self-government body in the management system;
- instructions about who it is headed and to whom it obeys;
- the degree of independence;
- participation in the implementation of the target program or the performance of target management functions.
Section "Main tasks" defines:
- direction of activity of self-government bodies;
- tasks for the implementation of which the given self-government body is responsible.
Section “Functions(responsibilities) ”contains a list of functions, the implementation of which ensures the solution of tasks assigned to the self-government body with a certain specification of work for each function.
Section "Rights" determines the rights of the self-government body, ensuring the performance of this subdivision of its functions.
Section "Organization of management" contains a description of the organizational structure of the self-government body, instructions on the place of leaders within the body itself (for example, in the presence of groups, commissions, etc.), determines the frequency, time and type of organizational events (planning meetings, meetings, etc.).
Section "Relations with other departments" is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public departments (organizations) - all kinds of public councils and commissions, the trade union, etc.
Section "Responsibility" provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and implementation of functions. This section is distinguished by the greatest complexity of development, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor-quality performance of tasks, functions, and also determine the conditions under which this or that responsibility occurs. But, as a rule, the following entry is made in this section: "The self-government body is responsible for the implementation of the tasks and functions assigned to it."
Section "Office work"- This is keeping minutes of meetings, planning activities, drawing up reports.

Job description technology

The basis for drawing up job descriptions for employees of educational institutions should be the charter and the Regulations on the type and type of educational institution, the existing qualification characteristics and qualification requirements for the position, labor standards for the performance of work.
The tasks and functions of the governing body of an educational institution, defined in the Regulation, are detailed in job descriptions and distributed among employees in such a way that there is no duplication of work and the sequence of operations is maintained, and complex operations are assigned to employees of higher qualifications. In addition, each employee is endowed with the rights necessary and sufficient for the successful fulfillment of the duties assigned to him and which are the details of the rights granted to the management body as a whole.
Job descriptions, as a rule, are developed by the head of the management body with the help of the workers themselves, for whom they are issued. This takes into account the entire scope of work inherent in this governing body. In controversial cases, the so-called. photos of the working day. The job descriptions are recommended to be revised and updated as necessary in connection with the change in the function of the controls.
As a rule, the job description of a manager or employee should contain five sections:
1. General Provisions.
2. The main tasks.
3. Rights.
4. Responsibility.
5. Requirements for the employee.
IN section "General Provisions" the exact name of the employee's position is determined. This is necessary to determine the role of the position in the specific conditions of the educational institution, the level of remuneration of the employee replacing the position, the conditions of bonuses, as well as for the correct solution of social security issues. The name of the employee's position must reflect the nature of the work performed by him and strictly comply with the current nomenclature of positions. Only by defining the name of the position, it is possible to reveal its purpose and determine the level of remuneration of the employee who replaces this position.
Further, the subordination of the employee is determined. In accordance with the principles of management, an employee should have only one immediate supervisor. The presence of two or more managers leads to a decrease in the responsibility of both the subordinate and the leaders themselves.
In addition, an official is determined who appoints an employee to a position and relieves him from it.
Indicates whether the employee has subordinates.
This clause is linked to the “Responsibility” section, which, in the case of subordinates, stipulates responsibility not only for the employee’s own actions, but also for the actions of subordinates.
Contains instructions on the procedure for replacing an employee in the event of his temporary absence (vacation, long business trip, illness, etc.). This point is especially important in the job descriptions of managers. If there are no clear instructions on the officials who perform the duties of managers during their absence, then this disorganizes the work of the institution.
In addition to the above, it contains a list of documents (legislative acts of the Russian Federation, the charter of an educational institution, instructions, recommendations, and so on) that the employee is guided by in his activities.
Section "Main tasks and responsibilities" the job description reveals the main tasks of the employee arising from the tasks and functions of this educational institution.
In this case, the content of a specific task or function is most accurately determined, the implementation of which is entrusted to the employee. It should be noted that all the functions of an educational institution, without exception, are distributed among employees, including the heads of the department, management.
Further, the specific duties of the employee are recorded, the implementation of which ensures the solution of the tasks assigned to him. This subsection is important for the leaders of an educational institution, as it contains questions that determine the responsibilities associated with organizing the activities of an educational institution. These include work on advanced training, selection and placement of personnel, the introduction of elements of the scientific organization of labor, the development of the creative initiative of workers, and more.
Section "Rights". It provides a list of the rights granted to the employee for the successful fulfillment of the duties assigned to him. When drawing up this section, it is necessary to take into account the fixation of specific rights in the direction of the employee's activity, taking into account the specifics of his work.
A clear definition of rights helps to resolve controversial issues in the relationship between employees in an educational institution. An employee, if necessary, can defend his rights on the basis of a legal document, which is a job description.
The granting of rights to the employee contributes to the full performance of the duties assigned to him. That is why the next section of the job description - “Responsibility” - provides for the same responsibility for both non-fulfillment of duties and non-use of the rights granted to the employee.
Section "Responsibility". In this section, it would be possible to list all obligations and rights, indicating in the title part the personal responsibility for their failure to fulfill or non-fulfillment. However, this would unjustifiably increase the volume of each instruction, therefore it is recommended to define responsibility in one phrase: “the employee is disciplinary liable for poor quality and untimely performance of duties and non-use of the rights provided for by the job description”.
Content section "Requirements for the employee" the requirements for the level of education and work experience of the employee are determined, which allow them to successfully fulfill their duties in the position.
On the quality of the developed normative legal documents, we note the following among the main remarks:
- vague, too general formulations of tasks and functions do not allow them to be concretized and understood;
- duplication - the same tasks, functions are performed by different departments, self-government bodies, educational institutions, employees;
- vacuum - the functions that must be performed are not assigned to any department or employee. In carrying out such “homeless” functions, tense situations usually develop;
- discrepancy - there is no provision for mutual coordination of the activities of divisions, employees. Tasks are not completed to the end, and document flows are not consistent with each other;
- overload or underload - the number of functions that need to be performed is determined irrationally, without taking into account the real volume of work provided for by these functions, and the time standards for their implementation;
- imbalance - unbalanced functions (duties), rights and responsibilities. With a multitude of responsibilities and a minimum of rights, the employee gets tired of the job and begins to take an interest in more balanced work. This, in particular, is one of the reasons for conflicts in teams.
A disdainful attitude towards the development of regulations and job descriptions leads to their discrepancy with reality. The rule comes into force: what is not done with the help of regulations and job descriptions is automatically shifted to the shoulders of the organizers. They have to devote a lot of time to organizing the work of governing bodies and employees, and unsuccessful positions and job descriptions are kept only for inspectors as arguments for “good organization of work”. In organizations where regulations and job descriptions are considered not as documents for shelves, but as effective organizational methods, special attention is paid to their periodic clarification and updating. This approach makes it possible to timely bring the content of regulations and other local acts in accordance with the conditions, tasks, needs of education management at the present stage of development, ensuring the improvement and, consequently, flexibility of the management system of educational institutions.
The recommendations given in this publication define only the main provisions for the formation of a regulatory framework, therefore, they can be supplemented on the ground by independent developments that improve this system, but do not contradict the legislation of the Russian Federation in the field of education.

Appendix 1. An indicative list of local acts of an educational institution

1. Regulations on the council of an educational institution.
2. Regulations on the pedagogical council.
3. Regulations on the Board of Trustees.
4. Regulations on the parent committee.
5. The agreement of the educational institution with the parents.
6. Agreement of the educational institution with the founder (founders).
7. Rules of behavior for students (Code of honor of a gymnasium student).
8. Internal regulations of the educational institution.
9. Regulation on the establishment of allowances and supplements to the official salaries of employees.
10. Labor agreement (contract) with employees.
11. Job descriptions of employees, including administrative personnel, subject teachers, class teachers, social educators, psychologists, etc. in the form:

a) general position,
b) must know ..,
c) functional responsibilities,
d) rights, competence,
e) organization of activities, etc.

12. Regulations on the methodological association of teachers.
13. Regulations on the certification (examination) commission.
14. Regulations on the grading system, forms, procedure and frequency of intermediate and final certification of students.
15. Regulations on the conflict commission during oral examinations.
16. Provisions on temporary commissions under the board of an educational institution (revision, on acceptance into operation of installed equipment, etc.).
17. Regulations on the forms of education in this educational institution (external studies, self-education according to individual programs, regulations on family education, regulations on free attendance at classes, regulations on correction classes and classes of compensatory education, etc.).
18. Regulations on associations of students, pupils (regulations on the scientific society of students, etc.).
19. Regulations on scholarships for students.
20. Regulations on the study room.
21. Safety instructions and rules for working in traumatic areas, workplaces, in classrooms.
22. Decisions of pedagogical councils, orders for an educational institution.
23. Regulations on paid additional educational services.
24. Regulations on entrepreneurial activity of an educational institution.
25. Regulations on the competitive admission of students to an educational institution.
26. Regulations on the school subject Olympiad, on competitions. (...)

1. General Provisions
In order to facilitate the implementation of self-government principles, the development of the initiative of the collective, the exercise of the rights of autonomy of an educational institution in solving issues that contribute to the organization of the educational process and financial and economic activities, the expansion of collegial, democratic forms of management and the implementation of state and public principles of management, a self-government body is created Educational institution council.
The council of the educational institution works in close contact with the administration and public organizations of the educational institution and in accordance with the current legislation and by-laws:
- the Constitution of the Russian Federation;
- UN Convention on the Rights of the Child;
- The Law of the Russian Federation “On Education”;
- by decrees and orders of the President of the Russian Federation, the Government of the Russian Federation;
- a standard regulation on an educational institution;
- regulatory legal acts of the Ministry of Education of the Russian Federation;
- the charter of the educational institution and this Regulation.

2. Tasks of the Council of the educational institution
2.1. Development of a development plan for an educational institution.
2.2. Participation in the creation of optimal conditions for the organization of the educational process in an educational institution.
2.3. Organization of public control over the protection of the health of participants in the educational process, over the safe conditions of its implementation.
2.4. Organization of a study of the demand of residents of the microdistrict for the provision of additional educational services by an educational institution, including paid ones.
2.5. Providing practical assistance to the administration of an educational institution in establishing functional ties with cultural and sports institutions for organizing the leisure of students.
2.6. Coordination (approval) of local acts of the educational institution in accordance with the established competence.

3. Functions of the Council of an educational institution
3.1. In the period between conferences of an educational institution, the Council of an educational institution carries out general management within the established competence.
3.2. Educational institution council:
- organizes the implementation of the decisions of the conference of the educational institution;
- takes part in the discussion of a long-term plan for the development of an educational institution;
- the chairman of the Council, together with the head of the institution, represents the interests of the educational institution in state, municipal, public governing bodies, as well as, along with the parent committee and parents (legal representatives), the interests of students, ensuring social legal protection of minors;
- on the proposal of the methodological (pedagogical) council of an educational institution, discusses the need to introduce profiles of differentiation of education (humanitarian, natural-mathematical, etc. areas), profiles of industrial training;
- coordinates the work schedule of the educational institution, the duration of the academic week and training sessions in accordance with the curriculum and the schedule of the educational process, selects, in agreement with the municipality's educational administration, a vacation schedule and sets the dates for their start;
- approves the internal labor regulations of the educational institution, the provision on the parent committee and other local acts within the established competence;
- in cooperation with the teaching staff, organizes the activities of other self-governing bodies of the educational institution;
- supports public initiatives to improve and develop the education and upbringing of young people, the creative search for teaching staff in the organization of experimental work; determines the ways of interaction of an educational institution with research, production, cooperative organizations, voluntary societies, associations, creative unions, other state (or non-state), public institutions and funds in order to create the necessary conditions for the diversified development of the personality of students (pupils) and professional growth teachers;
- hears the head about the rational spending of extra-budgetary funds for the activities of an educational institution; identifies additional sources of funding; coordinates the centralization and distribution of funds of an educational institution for its development and social protection of employees, students (pupils) of an educational institution;
- hears reports on the work of the head of the institution, his deputies, other employees, submits proposals for improving the work of the administration for consideration by the conference; gets acquainted with the final documents on verification by the educational authorities, etc. activities of this educational institution and hears reports on measures to eliminate shortcomings in its work;
- within the framework of the current legislation of the Russian Federation, takes the necessary measures to protect teachers and the administration of an educational institution from unjustified interference in their professional activities, as well as to ensure guarantees of the autonomy of an educational institution, its autonomy; addresses these issues to the municipality, public organizations.

4. Composition of the Council of the educational institution
4.1. Representatives of pedagogical workers, students (pupils) of II and III levels, the public, parents (legal representatives), representatives of the founder can be elected to the Council of an educational institution. The rate of representation in the Council and the total number of members of the Council are determined by the conference of the staff of the educational institution, taking into account the opinion of the founder. At the next elections, the composition of the Council, as a rule, is renewed by at least one third.
Annual rotation of the Council is at least one third of the composition of each representative office.
4.2. The board of an educational institution meets at least four times a year. Members of the Council of an educational institution perform their duties on a voluntary basis.
4.3. The board of an educational institution elects its chairman. The head of the educational institution is a member of the Council as a co-chairman.
4.4. A secretary is elected from among its members to keep minutes of meetings of the Council.
4.5. The conference of an educational institution may prematurely remove a member of the Council from its membership at the personal request or on the recommendation of the Chairman of the Council.
4.6. The decisions of the Council of an educational institution, made within its competence and in accordance with the legislation of the Russian Federation, are advisory for the administration of the educational institution, all members of the team. In some cases, an order may be issued for an educational institution, establishing the obligatory execution of the decision of the Council of an educational institution by participants in the educational process.

5. Rights and responsibilities of the Council of an educational institution
5.1. All decisions of the Council of an educational institution, which are recommendatory, are promptly brought to the attention of the staff of the educational institution, parents (legal representatives) and the founder.
5.2. The board of an educational institution has the following rights:
- a member of the Council of an educational institution may demand a discussion outside the plan of any issue related to the activities of an educational institution, if his proposal is supported by a third of the members of the entire composition of the Council;
- propose to the head of the educational institution a plan of measures to improve the work of the educational institution;
- be present and take part in the discussion of issues on improving the organization of the educational process at meetings of the pedagogical council, the methodological association of teachers, the parent committee of the educational institution;
- hear and take part in the discussion of reports on the activities of the parent committee, other self-government bodies of the educational institution;
- be present at the final certification of graduates of an educational institution (for members of the Council who are not parents of graduates);
- to participate in the organization and conduct of general institution educational events for students;
- together with the head of the educational institution, prepare information and analytical materials on the activities of the educational institution for publication in the media.
5.3. The board of an educational institution is responsible for:
- implementation of the work plan;
- compliance with the legislation of the Russian Federation on education in their activities;
- the competence of the decisions made;
- development of the principles of self-government of an educational institution;
- strengthening the authority of the educational institution.

6. Office work
6.1. Annual work plans of the Council of an educational institution, reports on its activities are included in the nomenclature of affairs of an educational institution.
6.2. Minutes of meetings of the Council of an educational institution, its decisions are drawn up by the secretary in the “Book of minutes of meetings of the Council of an educational institution”, each protocol is signed by the chairman of the Council and the secretary.
The book of minutes of meetings of the Council of an educational institution is included in the nomenclature of affairs of an educational institution and is stored in its office.
6.3. Appeals from participants in the educational process with complaints and suggestions for improving the work of the Council are considered by the chairman of the Council or members of the Council on behalf of the chairman.
Registration of citizens' appeals is carried out by the office of the educational institution.

Appendix 4. Approximate regulations on the pedagogical council of an educational institution

1. General Provisions
1.1. The Pedagogical Council is a permanent governing body of an educational institution to consider the main issues of the educational process.
A pedagogical council is created in all educational institutions, where more than three teachers work.
1.2. The Pedagogical Council includes: the head of the educational institution (as a rule, the chairman of the pedagogical council), his deputies, pedagogical workers, including an educational psychologist, a social educator, a senior counselor, as well as a doctor, librarian, chairman of the parent committee and other heads of self-government bodies educational institution, representative of the founder. Teaching staff can also be elected to the Teaching Council.
1.3. The Pedagogical Council acts on the basis of the Law of the Russian Federation “On Education”, a model regulation on an educational institution, other regulatory legal acts on education, the charter of an educational institution, and this Regulation.
1.4. The decisions of the Pedagogical Council are recommendations for the staff of the educational institution. The decisions of the Pedagogical Council, approved by the order of the educational institution, are binding.

2. Objectives and content of the Pedagogical Council
2.1. The main tasks of the Pedagogical Council are:
implementation of state policy on education;
orientation of the activities of the teaching staff of the institution to improve the educational process;
development of the content of work on the general methodological topic of the educational institution;
introduction of the achievements of pedagogical science and advanced pedagogical experience into the practical activities of pedagogical workers;
solving issues of admission, transfer and graduation of students (pupils) who have mastered educational programs, the corresponding licenses of this institution.
2.2. The Pedagogical Council performs the following functions:
discusses and approves the work plans of the educational institution;
hears information and reports from pedagogical staff of the institution, reports from representatives of organizations and institutions interacting with this institution on the education and upbringing of the younger generation, including messages on checking compliance with the sanitary and hygienic regime of an educational institution, on the protection of labor, health and life of students (pupils ) and other issues of educational activities of the institution;
decides to conduct intermediate certification based on the results of the academic year, to admit students to final certification on the basis of the Regulation on state (final) certification of graduates of state, municipal educational institutions, transferring students to the next class or leaving them for a second course; issuance of relevant documents on education, on rewarding students (pupils) for success in teaching with letters of commendation, commendation sheets or medals;
makes decisions on the exclusion of students from an educational institution when other measures of pedagogical and disciplinary influence have been exhausted, in the manner determined by the Law of the Russian Federation “On Education” and the charter of this educational institution. At the same time, the educational institution in a timely manner (within three days) brings this decision to the attention of the relevant municipal department of education management (approval of the decision is made in the local government).

3. Rights and responsibilities of the Pedagogical Council
3.1. The Pedagogical Council has the right to:
create temporary creative associations with the invitation of specialists of various profiles, consultants to develop recommendations with their subsequent consideration at the Pedagogical Council;
make a final decision on controversial issues within its competence;
adopt, approve regulations (local acts) with competence related to associations by profession;
if necessary, representatives of public organizations, institutions interacting with this institution on educational issues, parents of students, representatives of institutions participating in the financing of this institution, etc. may be invited to meetings of the Pedagogical Council of an educational institution. The need for their invitation is determined by the chairman of the Pedagogical Council, the founder ( if this provision is stipulated in the agreement between the founder and the educational institution). Persons invited to a meeting of the Pedagogical Council have an advisory vote.
3.2. The Pedagogical Council is responsible for:
implementation of the work plan;
compliance of the decisions made with the legislation of the Russian Federation on education, on the protection of childhood rights;
approval of educational programs that do not have an expert opinion;
making specific decisions on each issue under consideration, indicating the responsible persons and deadlines.

4. Organization of activities of the Pedagogical Council
4.1. The Pedagogical Council elects a secretary from among its members. The secretary of the teachers' council works on a voluntary basis.
4.2. The Pedagogical Council works according to a plan, which is an integral part of the work plan of the educational institution.
4.3. Meetings of the Pedagogical Council are convened, as a rule, once a quarter in accordance with the work plan of the educational institution.
4.4. The decisions of the Pedagogical Council are adopted by a majority vote if there are at least two-thirds of its members at the meeting (unless the voting process is stipulated by a special provision. In case of an equal number of votes, the vote of the Chairperson of the Pedagogical Council is decisive.
4.5. The organization of the implementation of the decisions of the Pedagogical Council is carried out by the head of the educational institution and the responsible persons specified in the decision. The results of this work are reported to the members of the Pedagogical Council at its subsequent meetings.
4.6. In case of disagreement with the decision of the Pedagogical Council, the head of the educational institution suspends the implementation of the decision, notifies the founder of the institution, who within three days, with the participation of interested parties, is obliged to consider this application, familiarize himself with the reasoned opinion of the majority of the members of the Pedagogical Council and make a final decision on the controversial issue.

5. Documentation of the Pedagogical Council
5.1. Meetings of the Pedagogical Council are drawn up in minutes. The book of minutes records the course of discussion of issues submitted to the Pedagogical Council, suggestions and comments of the members of the Pedagogical Council. The minutes are signed by the chairman and secretary of the council.
5.2. The protocols on the transfer of students to the next class, on the release are drawn up by the payroll and approved by the order of the educational institution.
5.3. The protocols are numbered from the beginning of the academic year.
5.4. The book of minutes of the Pedagogical Council of an educational institution is included in its nomenclature of cases, is kept in the institution permanently and transmitted by act.
5.5. The book of minutes of the Pedagogical Council is numbered page by page, laced, sealed with the signature of the head and the seal of the educational institution.

Appendix 5. Approximate regulations on the parent committee of an educational institution

1. General Provisions
1.1. This Regulation regulates the activities of the parent committee of a general education institution, which is a self-governing body of a general education institution.
1.2. The regulations on the Parents 'Committee are adopted at the general school parents' meeting, approved and put into effect by order of the educational institution in agreement with the founder. Changes and additions to this Regulation are made in the same manner.
1.3. The Parents' Committee (hereinafter referred to as the Committee) is chaired by the chairman. The committee is subordinate and accountable to the general school parents' meeting. The term of office of the Committee is one year (or rotation of the composition of the Committee is carried out annually by 1/3).
1.4. To coordinate the work, the Committee includes the deputy head of the educational institution for educational work.
1.5. The activities of the Committee are carried out in accordance with the UN Convention on the Rights of the Child, the current legislation of the Russian Federation in the field of education, the Model Regulations on an educational institution, the charter of a general educational institution and these Regulations.
1.6. The decisions of the Committee are advisory.
Only those decisions of the Committee are binding for the implementation of which an order is issued for a general education institution.

2. Main tasks
The main tasks of the Committee are:
2.1. Assistance to the administration of a general education institution:
- in improving the conditions for the implementation of the educational process, protecting the life and health of students, the free development of the personality;
- in protecting the legal rights and interests of students;
- in the organization and conduct of school-wide events.
2.2. Organization of work with parents (legal representatives) of students of a general education institution to clarify their rights and obligations, the importance of a comprehensive upbringing of a child in a family.

3. Functions of the school-wide parent committee
3.1. Promotes the provision of optimal conditions for the organization of the educational process (assists in the acquisition of textbooks, preparation of visual teaching aids).
3.2. Coordinates the activities of class parenting committees.
3.3. Conducts explanatory and advisory work among parents (legal representatives) of students about their rights and obligations.
3.4. Provides assistance in conducting school-wide events.
3.5. Participates in the preparation of a general education institution for the new academic year.
3.6. Together with the administration of a general educational institution, it controls the organization of the quality of food for students, medical care.
3.7. Provides assistance to the administration of a general education institution in organizing and conducting general school parenting meetings.
3.8. Considers appeals to its address, as well as appeals on issues referred by this regulation to the competence of the Committee, on behalf of the head of a general educational institution.
3.9. Discusses local acts of a general education institution on issues within the competence of the Committee.
3.10. Takes part in the organization of safe conditions for the implementation of the educational process, compliance with sanitary and hygienic rules and regulations.
3.11. Interacts with public organizations on the promotion of school traditions, the way of school life.
3.12. Interacts with the teaching staff of the general educational institution on the prevention of offenses, neglect and homelessness among minors.
3.13. Interacts with other self-governing bodies of a general educational institution on matters of holding general school events and other issues within the competence of the Committee.

4. Rights of the parent committee
In accordance with the competence established by these Regulations, the Committee has the right:
4.1. Submit proposals to the administration, self-government bodies of a general education institution and receive information on the results of their consideration.
4.2. Seek clarifications from institutions and organizations.
4.3. Listen to and receive information from the administration of a general education institution, its self-government bodies.
4.4. Call the parents (legal representatives) of the students to their meetings according to the ideas (decisions) of the class parenting committees.
4.5. Participate in the discussion of local acts of a general education institution.
4.6. Provide clarifications and take action on the appeals under consideration.
4.7. To issue public censure to parents who avoid raising children in the family.
4.8. To encourage parents (legal representatives) of students for active work in the Committee, assistance in conducting school-wide events, etc.
4.9. Organize permanent or temporary commissions under the leadership of the members of the Committee to perform their functions.
4.10. Develop and adopt local acts (on the class parent committee, on the permanent and temporary committees of the Committee).
4.11. The Chairman of the Committee may attend (with subsequent informing the Committee) at individual meetings of the Pedagogical Council, other self-government bodies on issues within the competence of the Committee.

5. Responsibility of the parent committee
The committee is responsible for:
5.1. Implementation of the work plan.
5.2. Implementation of decisions and recommendations of the Committee.
5.3. Establishment of mutual understanding between the management of a general education institution and parents (legal representatives) of students in matters of family and social education.
5.4. High-quality decision-making in accordance with applicable law.
5.5. Inaction of individual members of the Committee or the entire Committee.
5.6. Members of the Committee who do not take part in its work, upon the recommendation of the Chairman of the Committee, may be recalled by the voters.

6. Organization of work
6.1. The Committee includes representatives of the parents (legal representatives) of students, one from each class (depending on the number of classes in a general education institution, one representative from a parallel, two representatives from a class, etc. may be included). Representatives to the Committee are elected annually at parent class meetings at the beginning of the school year.
6.2. The number of members of the Committee is determined by the educational institution independently.
6.3. From among its members, the Committee elects a chairman (depending on the number of members, deputy chairmen and a secretary may be elected).
6.4. The committee works according to the work regulations and plan developed and adopted by it, which are coordinated with the head of the general education institution.
6.5. The Committee reports on its work to the general school parents' meeting at least twice a year.
6.6. The committee is empowered to make decisions if at least half of its members are present at the meeting. Decisions are made by a simple majority of votes.
6.7. Correspondence of the Committee on issues within its competence is conducted on behalf of the educational institution, documents are signed by the head of the educational institution and the chairman of the Committee.

7. Office work
7.1. The committee keeps minutes of its meetings and school-wide parents' meetings in accordance with the Instruction on the conduct of office work in a general education institution.
7.2. The minutes are kept in the office of the educational institution.
7.3. Responsibility for the management of the Committee rests with the Chairman of the Committee or the Secretary.

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"First of September"

Any enterprise, company or firm has local regulations in its documentation, which can be disciplinary rules, job descriptions or different regulations. A local act may refer to:

• to the category of generally established (mandatory) acts for any enterprise,
• to the category of acts voluntarily created by the employer.

Whatever the organization's local regulations, it is important that they exist within the framework of the law, that is, they do not contradict the legislation. There is another characteristic feature of such a corporate document. A local act is mandatory for both the employer and his subordinates.

In this article, we will consider all sorts of features of this type of documents.

A local act is ...

It should start with the fact that the Labor Code of the Russian Federation (the fifth article of the TKRF) regulates the relationship between the employer and the employee through labor protection, possible agreements and acts with labor law. Local acts of the organization with the labor law norms cited in them also regulate working relations.

A similar document is generally established for all employers. It also complies with other documentation that contains similar criteria. This is evidenced by the eighth article (first part) of the labor code. However, there is no definite meaning behind the concept of "local act":

• someone believes that these are local acts of the organization, which contain multiple repetitions of the existing rules of conduct for employees, and are established by their employer (this is an incomplete definition);
• the following meaning will be more correct and complete: “a document containing labor law norms, which is accepted by the employer within his competence in accordance with laws and other regulatory legal acts, collective bargaining agreements, agreements”.

Features of the document (local regulatory act)

1. Possible changes in it are determined by the employer.
2. The provisions contained in the document do not contradict the law or the employment contract.
3. It is approved in the form of instructions or regulations by the head-employer (fixed in writing). In some cases - when interacting with the trade union of the organization.
4. The employee must be introduced to this document, confirming this action with his personal signature.
5. It is in force from the day when it is adopted, or another date written on the paper.
6. Terminates when it expires or if canceled by the employer / court.

What documents relate to the organization's local regulations?

The photo below shows a list of documents typical for most organizations that are local regulations.

How are local acts of the institution adopted?

Each local regulatory act of the organization goes through certain stages. First, it is developed, then agreed, then approved, after which it only gets legal force and is put into effect.

A similar sequence for the creation of such documents can also be established by a characteristic local act (for example, according to the existing regulation in the organization on the procedure for adopting local regulatory acts - a sample of the act is shown in the photo).

Stage of development of local regulations of the organization

The document is developed directly by the working group of persons (or the executing person) directly engaged in this activity (by appointment of the management) on the basis of the existing order. This can be done either by a simple personnel officer or chief accountant, or by a union of department heads.

Stage of coordination of local acts

After development, the local act is necessarily in the process of coordination with other structural divisions or departments. At the same time, employees reflect general remarks, comments, consent / disagreement on a separate special form.

The stage of approval of local acts of the institution (organization)

After the approval process, the document is sent for approval to the management.

Before making his decision, the leader must send the project with justification to the trade union organization. This representative body on the part of employees has a maximum of five days to consider and reverse their written opinion on this local act.

If the trade union agrees with the proposed local act, then this document is put into effect.

If the trade union did not give consent, or provided, but taking into account some wishes, then the head is obliged, no later than three days (after receiving the answer), to organize additional consultations with the representative body to achieve mutual understanding and make a decision.

Local school acts

It is worth dwelling separately on the documentation in educational institutions, which can independently create their own local regulatory frameworks from acts, because the Law "On Education" of the Russian Federation states that the charter of a general educational institution must have a certain list of local acts. But when creating additional documents that make additions to the existing charter (for example, these may be new local acts of the school), it is necessary to register them with the Federal Tax Service Inspectorate. Otherwise, there will be inconsistencies in the legal framework of the organization.

Local acts of a general education institution are legal and official legal documents. They are adopted in the proper sequence to regulate relations within school activities, as reflected in the organization's charter.

Local acts of the school must reflect the following principles:

• They are created for a specific educational institution and operate, respectively, within the walls of one organization.
• They are formal written legal documents containing all the required details.
• In the process of creating and introducing a local act, all subjects of the educational process are involved.

Types of local acts of a general education institution

School documents, as well as local acts of the preschool educational institution, may be normative. Such documentation contains a list of certain rules and regulations that must be observed without fail by all participants in the education process. It is characterized by long-term use. Such acts detail and complement the legal norm in relation to each individual school.

Individual local acts are also distinguished. As a rule, they are single-entry and are used to secure a certain decision from a legal point of view.

What documents relate to local school acts?

Local acts on education are decrees, decisions, orders, instructions, rules, regulations and contracts. They reflect and regulate different aspects of the school's activities. For your information, the local acts of the dhow have the same kind of documentation. Let's take a look at each document.

• Regulations: These local acts can be individual legal documents and regulations. They reflect the decision of the school's governing body.
• Decisions: the general meeting of employees makes local Such documents are very often in the nature of recommendations.
• Orders: such a document is issued by the director of the educational institution to resolve the main tasks. For example, below, in the photo, is a sample of an act - an order approving the school's internal regulations.
  The bodies that manage the school, such documents as decrees and orders, approve regulations, rules, instructions.

How local regulations should be formalized

Labor legislation does not create specific requirements for the execution of such documents. But there is GOST R6.30-2003, which includes information on the necessary requirements that must be met when creating and executing a local act. According to him, any document (with the exception of a letter) is drawn up on a special form and contains the following information:

• full and abbreviated name of the organization (the name that is indicated in the constituent documents);
• indication of the name in capital letters after the name of the organization;
• date of approval and sequential number of the act during registration;
• indication of the place of creation and execution of the document;
• the presence of the signature (s) of the approval;
• an indication of the application information at the end of the document;
• compliance with the structure of the document, which includes all the necessary provisions (general, main part and final);
• sections (with a number and heading), clauses and subclauses are necessarily the substantive part of the document;
• is carried out mandatory in the middle of the top margin of the sheet (starting from the second page).
• Be sure to have the approval stamp of the organization's management in the upper right corner. The approval can be submitted either by a simple signature of the chief, or by a separately created order. Everything is certified by a seal.

Acquaintance with the act of employees of the organization

After the approval of the local normative act, it goes through the stage of registration in a special journal and receives an individual number and an indication of the date from which it comes into force.

With this act, the management is obliged to familiarize those of its employees whose activities are affected in this document itself, in accordance with article 22 (part 2) of the labor code of the Russian Federation. The familiarization process is reflected on special information sheets in the form of a separate appendix to the local regulatory act, and is also reflected in the familiarization log.

How local acts are stored

All original acts should be kept in one place (office, reception or personnel department). Copying of documents occurs when the document is distributed among departments and structural divisions.

Such local documents have an unlimited storage period in accordance with the list of standard administrative archival documents that are formed during the work of state bodies, local governments and organizations.

Regulatory framework for the functioning of educational institutions

Inspections carried out in various regions of Russia showed that the formation of the legal framework for the activities of educational institutions began to be implemented everywhere with more or less success.

Despite the differences in the pace and nature of changes in the educational situation in different regions of the country, the heads of educational institutions face common problems. This is primarily due to the established RF Law "On Education" self-determination in the form of educational institutions and the need to form a legal framework for their activities. Democratization of education determines the state-public nature of management, thanks to which state and public associations, management structures, and organizations unite and interact, coordinate their actions.

At the interregional seminars-meetings held by the Office of General Education Institutions and Inspection in 1999-2001, it was already noted that, in accordance with Article 2 of the Law of the Russian Federation "On Education" as amended by Federal Law No. 12-FZ dated 13.01.96, an educational institution granted the right to independently determine the normative legal basis of its activities. This is the competence of the educational institution. For educational authorities - recommendations and control.

The Ministry of Education of Russia, having analyzed the results of the inspections, notes that the following problems were identified when developing the legal framework for the activities of educational institutions:

1. Determination of the required list of local acts of the educational institution in accordance with the approved charter;

2. Development of local acts of an educational institution as a legal document in accordance with the established form;

3. Determination of tasks and functions of state-public forms of self-government of an educational institution;

4. Compliance of the developed legal framework governing the activities of an educational institution with the current legislation of the Russian Federation in the field of education.

If the first two of the listed problems are of an organizational nature, then the last two indicate that at the present stage, more and more importance is given to the quality of the formed legal field.

It is relatively easy for specialists from educational authorities to check the solution of the first, organizational, problems. An approximate list of local acts has already been discussed at a meeting on inspection in Pskov, published in a collection of information materials following this meeting and in the methodological recommendations "Local Acts of an Educational Institution" of the State Inspectorate under the Ministry of Education of Russia. Therefore, when checking the charters, which are the fundamental document for the formation of the legal framework for the activities of educational institutions, it is necessary to select a list of local acts for this institution and compare its completeness with the list that is given in the appendix to the charter.

Clause 1.7 "b" Article 13 "Charter of an educational institution" of the Law of the Russian Federation "On Education" shows that the charter of an educational institution without fail specifies: "the structure, procedure for the formation of governing bodies of an educational institution, their competence and procedure for organizing activities." Therefore, it is necessary to determine:

What governing bodies operate in this educational institution;

What are their functional management ties;

Do they act in accordance with the approved regulation (local act).

This applies to the council of an educational institution, a pedagogical council, a parent committee, a general meeting of the labor collective, methodological associations by specialties, councils of high school students, councils of alumni and other self-governing bodies of an educational institution (clause 2 of article 35 of the Law of the Russian Federation "On Education").

The classical organizational method of allocating and securing tasks, functions (duties), rights and responsibilities, establishing relationships is regulation. Regulation is carried out using regulations, job descriptions and other regulations.

Provisioning technology

A regulation is an organizational and legal document that regulates the activities of departments, institutions and their structural divisions.

As a rule, the provisions consist of the following sections:

1. General part (general provisions).

2. Relationship with other self-government bodies.

3. The main tasks.

4. Functions (responsibilities).

6. Responsibility.

7. Organization of management.

8. Office work.
Section "General Part (General Provisions)" includes:

Determination of the status of the self-government body in the management system;

An indication of who it is headed by and to whom it obeys;

Degree of independence;

Participation in the implementation of the target program or the performance of target management functions.

Section "Basic tasks" defines:

Direction of activity of self-government bodies;

Tasks for the implementation of which this self-government body is responsible.

Section "Functions (responsibilities)" contains a list of functions, the implementation of which ensures the solution of tasks assigned to the self-government body with a certain specification of work for each function

Section "Rights" determines the rights of the self-government body, ensuring the performance of this subdivision of its functions.

Section "Organization of management" contains a description of the organizational structure of the self-government body, instructions on the place of leaders within the body itself (for example, if there are groups, commissions, etc.), determines the frequency, time and type of organizational events (planning meetings, meetings, etc.).

Section "Relations with other departments" is developed on the basis of incoming and outgoing documentation with the definition of the main relationships. This section can establish the relationship of this self-government body with public departments (organizations) - all kinds of public councils and commissions, the trade union, etc.

Section "Responsibility" provides for the establishment of the responsibility of the self-government body and its head for the performance of tasks and the implementation of functions. This section is distinguished by the greatest complexity of development, since here it is necessary to indicate the application of sanctions for non-fulfillment or poor-quality performance of tasks, functions, and also determine the conditions under which this or that responsibility occurs. But, as a rule, the following entry is made in this section: "the self-government body is responsible for the implementation of the tasks and functions assigned to it."

Section "Office work"- This is keeping minutes of meetings, planning activities, drawing up reports.

Job description technology

The basis for drawing up job descriptions for employees of educational institutions should be the charter and the Regulations on the type and type of educational institution, the existing qualification characteristics and qualification requirements for the position, labor standards for the performance of work.

5. The agreement of the educational institution with the parents.

6. Agreement of the educational institution with the founder (founders).

7. Rules of behavior for students.

8. Internal regulations of the educational institution.

9. Regulation on the establishment of allowances and supplements to the official salaries of employees.

10. Labor agreement (contract) with employees.

11. Job descriptions of employees, including administrative personnel, subject teachers, class teachers, social educators, psychologists, etc. in the form:

a) general position;

b) must know ...;

c) functional responsibilities;

d) rights, competence;

e) organization of activities, etc.

12. Regulations on the methodological association of teachers.

13. Regulations on the certification (examination) commission.

14. Regulations on the grading system, forms, procedure and frequency of intermediate and final certification of students.

15. Regulations on the conflict commission during oral examinations.

16. Provisions on temporary commissions under the board of an educational institution (revision, for acceptance into operation of installed equipment, etc.).

17. Regulations on the forms of obtaining education in this educational institution (external studies, self-education according to individual programs, regulations on family education, regulations on free attendance at classes, regulations on correction classes and classes of compensatory education, etc.).

18. Regulations on associations of students, pupils (regulations on the scientific society of students, etc.).

19. Regulations on scholarships for students.

20. Regulations on the study room.

21. Safety instructions and rules for working in traumatic areas, workplaces, in classrooms.

22. Decisions of pedagogical councils, orders for an educational institution.

23. Regulations on paid additional educational services.

24. Regulations on entrepreneurial activity of an educational institution.

25. Regulations on the competitive admission of students to an educational institution.

26. Regulations on the school subject Olympiad, on competitions.

Appendix 2

Indicative list of local acts

for institutions of primary vocational education ***

1. Job descriptions.

2. Regulations on the pedagogical council.

3. Regulations on the methodological association.

4. Regulations on the methodological council.

5. Regulation on the Council of Teachers of NGOs.

6. Regulations on the extra-budgetary fund.

7. Regulations on the Board of Trustees at the off-budget fund.

8. Regulations on the student council.

9. Regulations on the student hostel.

11. Regulations on material incentives for teaching staff, on allowances and surcharges.

12. Regulations on the student scientific association.

13. Regulations on the Olympiad, competition.

14. Regulations on the review of classrooms, workshops.

15. Regulations on additional educational services, including paid ones.

16. Regulations on the attestation commission during the final attestation of graduates.

17. Regulations on the conflict commission.

18. Regulations on the expert commission.

19. Regulations on the admission of students.

20. Regulations on the selection committee.

21. Regulations on the institutional commission for the certification of teaching staff.

22. Regulation on intra-agency control.

23. Regulations on the parent committee.

24. Agreement with parents.

25. Internal regulations.

27. Agreement with the parent company.

28. Regulation on industrial practice.

29. Agreement on interaction of local government bodies with vocational schools.

30. Regulations on obtaining basic general education on the basis of vocational schools.

"Implemented" "Reviewed"

Order No. 3 dated 10.01.2014 Minutes No. 4 dated 10.01.2014

Director of the school Chairman of the pedagogical council

G.A. Gaizatullina G. A. Gaizatullina

POSITION

of the municipal budgetary educational institution "Novotinchalinskaya secondary school named after N.G. Faizov of the Buinsky municipal district of the Republic of Tatarstan" on the preparation of the work program of the teacher-subject
1. General Provisions

1.1. This provision was drawn up on the basis of the following documents:

• 
  The federal component of the state standard of general education in the context of the modernization of Russian education. The federal component has been developed in accordance with the Law of the Russian Federation “On Education” (Article 7) and the Concept for the Modernization of Russian Education for the Period up to 2010.
• 
  The regulation contains requirements for the design of the calendar-thematic planning of the subject teacher.

1.2. Calendar-thematic planning is a document regulating the teacher's activities in the implementation of the curriculum in the subject.

• 
  Calendar-thematic planning is developed by the teacher for each class in accordance with the curriculum and the requirements of the State Educational Standard.
• 
  Calendar-thematic planning, developed by the teacher, is coordinated with the head of the methodological association and approved by the director of the school no later than September 15.

1.3. The tasks of drawing up a calendar-thematic planning are:

• 
  Determining the place of each topic in the annual course and the place of each lesson in the topic;
• 
  Determination of the relationship between individual lessons, topics of the annual course;
• 
  Formation of a rational system of work to equip students with a system of knowledge, skills and abilities in the subject.

1.4. The degree of elaboration of the calendar-thematic plan is a criterion for the teacher's professionalism.

1.5. When developing a calendar-thematic plan for a training course, the teacher implements the following sequence of actions:

• 
  Forecasting, foreseeing the course and results of work;
• 
  Development of a program of necessary measures, sequence of actions;
• 
  Selection of the most optimal methods and techniques for their implementation;
• 
  Accurate calculation of activities in time and setting the dates for the beginning and end of its stages;
• 
  Determination of forms and methods of accounting and control of performance results.

2 . Scheduling structure

subject teacher:

1. 
   Title page.
2. 
   Explanatory note.

• 
  Software and educational-methodical equipment of the curriculum;

2.3. Own thematic planning of the academic subject.
3. Requirements for the title page

The title page must contain the following information:

• 
  "Agreed": the head of the RMO …… .. / I.O.F./, date
• 
  "I approve": director of MBOU Novotinchalinskaya secondary school …… / I.O.F. /, date
• 
  School name
• 
  Document's name
• 
  Subject name (must match the name in the curriculum)
• 
  Class
• 
  Name of the teacher
• 
  Academic year

4. Requirements for the execution of an explanatory note

The explanatory note must indicate:

• 
  Document (s) on the basis of which the thematic scheduling was drawn up (basic curriculum, Federal State Standard, Sample program, author's program, recommended by the RF Ministry of Defense)
• 
  EMC of a teacher (methodological manual, textbook, workbooks, etc.)
• 
  Class
• 
  Number of hours per week according to the school curriculum: federal, regional, school component. The number of hours is reserved. Total amount.
• 
  Educational technology (traditional, developing, etc.). Educational model ("School of Russia", "Harmony", "School 2100", etc.)

What are local regulations?

Local regulations - these are documents that establish certain regulations for repeated use, mandatory for all employees of the organization, that is, possessing normativeness.

Signs of regulations:

• writing (there are no oral regulations);
• acceptance in the prescribed manner;
• action on an indefinite circle of persons;
• repeated use;
• creation for regulatory purposes.

It should be noted that LNA should not be confused with regulations since the concept "legal" applies only to those documents that are accepted by the authorities. Normative legal acts are located in a certain hierarchy, where the main document is the Constitution of the Russian Federation, followed by federal laws and regulations (laws and codes), and then regional ones. Documents of the lowest level cannot contradict the normative legal acts of the highest level, and all acts must comply with the Constitution of the Russian Federation.

In an educational organization, local regulations also constitute a hierarchy. A local act of the highest legal force in an organization should be recognized as its charter, followed by orders, regulations and orders. The documents of an educational organization cannot contradict its charter, regional and federal legislation.

What types are LNA divided into?

According to the degree of importance, local regulations are divided into obligatory and optional... The composition of mandatory LNA is determined by law, while optional LNA is not provided for by law. Their institution accepts at its own discretion. For example, job descriptions, regulations on the organization of children's recreation, regulations on employee training, and so on.

For educational organizations, compulsory LNA is established by Article 30 of Federal Law N 273-FZ. It says that educational organizations are developing LNA on the organization and implementation of educational activities, including:

• admission rules;
• occupation mode;
• current control and intermediate certification (procedure, forms and frequency);
• transfer, expulsion or reinstatement of students (procedure and grounds);
• the procedure for formalizing the emergence, suspension and termination of relations between the PA and students or their parents (legal representatives).

Please note that this article does not indicate a specific type of LNA - an order, order or position. Only the topics of these documents are given.

Mandatory documents also include documents regulating labor relations: internal regulations, regulations on attestation, instructions and rules regulating safety and labor protection in an institution, regulations on remuneration and others.

These documents must be in any organization and are developed in accordance with the Labor Code of the Russian Federation:

• LNA norms should not worsen the position of workers in comparison with labor legislation, collective bargaining agreements, agreements;
• documents are brought to the attention of employees against signature;
• local regulations are mandatory. For failure to comply with their provisions, the employee can be brought to disciplinary responsibility, and the employer - to administrative responsibility.

According to the method of taking, LNA are divided into:

• accepted by the head individually (staffing table, job descriptions, orders, instructions);
• adopted taking into account the opinion of the representative body of employees (regulations on vocational training, retraining and advanced training of employees). In such cases, the procedure provided for in Article 372 of the Labor Code of the Russian Federation is respected.

The opinion of the representative body of workers is taken into account when adopting:

• documents establishing labor standards (Article 162 of the Labor Code of the Russian Federation);
• shift schedules (Article 103 of the Labor Code of the Russian Federation);
• provisions on remuneration (article 135 of the Labor Code of the Russian Federation);
• internal regulations (Article 190 of the Labor Code of the Russian Federation);
• local acts establishing the forms of training and additional professional education of workers (Article 196 of the Labor Code of the Russian Federation).

By the nature of the action, LNA is distinguished:

• general - apply to all employees of the organization (internal regulations, regulations on remuneration);
• special - apply to a certain category of workers (regulations on a particular unit, regulations on business trips).

What should an educational institution be guided by when developing a LNA?

Almost all the requirements for LNA are formulated in the law “On Education in the Russian Federation”. How to use it? The principle is quite simple - if a situation arises in an institution described in the norm of the law on education, then the need to create an appropriate local normative act also arises.

For example, Article 16 of the Law "On Education in the Russian Federation" provides for the possibility of receiving education remotely. If an educational institution is going to use this opportunity, then an appropriate internal document is adopted, if not, then there is no need for local regulatory regulation.

The need to adopt local acts is also determined by those regulatory legal acts that do not regulate either educational or labor relations. For example, Federal Law No. 273-FZ of December 25, 2008 "On Combating Corruption" obliges all organizations to take measures to prevent corruption.

In a letter dated April 1, 2013, the Ministry of Education and Science recommends for adoption those LNA that regulate:

• admission rules;
• occupation mode;
• training according to an individual curriculum;
• forms, frequency and procedure for monitoring progress and intermediate certification of students;
• the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for formalizing the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of minor students;
• the amount of the scholarship and payment for the use of living quarters in the hostel for students;
• the procedure and forms of the final certification and others.

In total, the letter contains a list of 28 local regulations, the adoption of which is within the competence of educational organizations and their founders (clause 19.34).

The Ministry of Education and Science invites the heads of educational organizations to use the Methodological Recommendations set forth in the letter of the Ministry of December 20, 2000 N 03-51 / 64 when working with documents. This letter contains the requirements for the preparation of specific types of organizational and administrative documents, the rules for organizing and storing documents, the procedure for working with them.

How are LNA accepted in an educational organization?

The procedure for the development, adoption and approval of local regulations is determined by the educational organization itself. This procedure is usually enshrined in the charter of the institution.

It is important that the language of the documents is understandable to people with different levels of education, since the local regulations of the educational organization are of interest not only to the employees of this institution, but also to the parents or the students themselves. Ideally, the text of the documents should be written as if you were writing for a sixteen-year-old teenager: simple and with a minimum of technical terms.

The procedure for the development of local regulations:

1. Identification of issues on which the adoption of the LNA is necessary Draft documents are developed by decision of the administration, the pedagogical council, the general meeting of the institution's employees and the parent committee.

Any employee of the institution has the right to submit for consideration the issue of the development and adoption of a local normative act.

1. Determination of the stages and terms of the development of the document. As a rule, they are established at the stage of discussion.
2. Creation of a working group for the development of LNA. The administration entrusts this work to some department, a third party, or develops the project independently.

It is important to correctly distribute tasks between employees: who will draw up the document, who will check it for compliance with the legislation, and who will draw up it correctly. The working group on the development of the LNA may include not only representatives of the administration and teaching staff, but also members of the public council, parents of students and the students themselves (for example, representatives of the student council).

1. Preparation of a local normative act: the working group prepares a draft document, substantiates the need for this act and foresees the consequences of its adoption.
2. The project is brought up for discussion. The developed document is discussed at a meeting of the body, where it is approved or sent for revision. LNA approval is formalized in a protocol. There may be other forms of presentation for discussion: placing a project on an information stand, on the website of an educational institution, and so on.
3. The next step is to put the LNA into operation. For this, the head issues an appropriate order. From the day of its publication, the local normative comes into force.

Please note that in some cases, local acts must be adopted taking into account the opinion of the representative body of workers (Article 8 of the Labor Code of the Russian Federation). Such a body could be a trade union committee.

The procedure for taking into account opinions is described in article 372 of the Labor Code of the Russian Federation. The trade union committee expresses its opinion on the LNA project in writing and transfers it to the head of the organization within five working days from the date of receipt of the document.

If the trade union committee does not agree with the adoption of the LNA, then the head conducts additional consultations with the committee within three days. If it was not possible to come to a common decision, then the disagreements that have arisen are formalized in a protocol. After that, the head has the right to adopt a local normative act, which the trade union committee can appeal against in court or in the state labor inspectorate.

Elena Zachyosova at the June webinar "Three strategies for the activities of educational organizations in the context of constant reform of the education system" recommended unifying all documents in order to simplify the development process, that is, create templates. Make sure that all provisions start in the same way - for example, "This regulation describes this and that" or "This regulation was created to regulate such and such activities." Creating templates will greatly simplify your life, over time it will become a salvation for you.

It will also be good if you choose a separate person who will read all these LNA, check them with the charter, federal and regional legislation, check for errors and typos. For example, in some position you refer to the law "On Education in the Russian Federation", but you incorrectly indicated the number of the law - instead of N 273-FZ, you wrote N 263-FZ. It would seem that a minor typo in the LNA makes the document invalid.

The adoption of local regulations is not something beyond understanding, but if you underestimate the seriousness of working with documents, this will lead to miscalculations in the organization's activities and complicate it. Local regulations are developed and adopted in the educational organization collectively, by a team. It is the task of the leader to form a team of like-minded people and organize its work.

You will learn how to improve the work of your organization in the online marathon