Job description of the director of the MUP sample. Yury Khudyak, Head of MUP "Serpukhovskaya Heating Network": "Concession is the best solution"

We draw up documents for the appointment of the director of the Municipal Unitary Enterprise (MUE). Please advise what restrictions apply to persons holding this position (age limit, education, criminal record)? Can the director of an enterprise be the head of other legal entities? What kind of education should he have and what regulatory legal acts regulate the procedure for appointing the head of the MUE?

Answer

The head of the MUP is not entitled to be a member or head of other legal entities. The head of the MUP must undergo certification for compliance with the position held (see recommendation below). There are no other restrictions on age or education. It is also necessary to check the head of the MUP for the absence of information about him in the register of disqualified persons ().

Requirements for the head of a unitary enterprise are established by Article 21 federal law dated November 14, 2002 No. 161-FZ.

The rationale for this position is given below in the materials of the Lawyer System.

"Certification of the head of a state unitary enterprise of a constituent entity of the Russian Federation and the head of a municipal unitary enterprise

In the subjects of the Russian Federation and municipalities, there are rules that are generally similar to.

However, there may be some features regarding, for example*:

• a list of persons who are not subject to attestation (on the procedure for attestation of the heads of state unitary enterprises of St. Petersburg, approved);
• number of members attestation commission(on the procedure for attestation of heads of state unitary enterprises of the Leningrad region, approved

A person with a higher professional (technical or engineering and economic) education and work experience in leadership positions in the industry corresponding to the profile of the enterprise for at least [value] years. 1.3. The director of the enterprise is accountable to the founders of the enterprise in the person of [the general meeting of founders, another body of the enterprise]. 1.4. During the absence of the director of the enterprise, his duties are performed by a deputy appointed in in due course who is fully responsible for the quality, efficiency and timeliness of their implementation. 1.5.

Director job description

Responsibility of the director of housing and communal services The director of housing and communal services is fully responsible for the quality of all the work of the company and the safety of property to the residents of the house, with whom an agreement was concluded on behalf of the management company. He is also obliged: 1. to carry out all activities only in the interests of residents; 2. keep confidential information about the company's activities secret from third parties and not use it for personal gain; 3. bear full responsibility for the incorrect and incomplete implementation of all official duties; 4. bear financial responsibility in case of causing harm by their actions to the Criminal Code and the residents of the house. Job description director of housing and communal services - a sample of 2018.

Job Descriptions

Commission of actions (inaction) causing material damage to the Company. 5.8. Failure to fulfill obligations to organize and carry out measures to prevent terrorist acts. 5.9. Failure to perform other duties specified in the manager's employment contract and this job description.
5.10. The manager is also responsible, up to termination of the contract of employment by the decision of the Employer unilaterally, for: 5.10.1. Independent appointment, dismissal of the chief accountant or the person replacing him, in the absence of agreement with the industry department of the city administration or the City Property Committee. 5.10.2.

Job description of the director, manager

I approve ………………………………………… …………………………………………….(name of organization) …………………………… ……………….(position) …………….…………………………………(full name) “…..” …………………. 20….. m.p. ………………………………………………………………………………..(name, enterprises, organizations) 1. General provisions 1.1. The director of the enterprise is hired and dismissed by decision …………………………………………………………………….………………………………. (general meeting, founders…) 1.2. A person is appointed to the position of director with ………………………..……………….
……………………………………………………………………………..……… education. (education corresponding to the profile of the enterprise) 1.3. At least ………….. years of experience in similar management positions. 1.4. The director of the enterprise is accountable to ……………………………………………………………………………………………..………. (general meeting of founders / other) 1.5. The director of the enterprise must be fluent in …………………………… language.

Ensure compliance with the law in the activities of the enterprise and the implementation of its economic and economic relations, the use legal means for financial management and functioning in market conditions, strengthening contractual and financial discipline, regulating social labor relations, ensuring the investment attractiveness of the enterprise in order to maintain and expand the scale of entrepreneurial activity. 3.10. Protect the property interests of the enterprise in court, authorities state power and management. 3.11. [Enter as required]. IV. Rights The director of the enterprise has the right to: 4.1. Represent the interests of the enterprise in relations with individuals and legal entities, public authorities and management.
4.2. Act on behalf of the company without issuing a power of attorney. 4.3. Open current and other accounts in banking institutions. 4.4.
The director of the enterprise bears personal responsibility for the consequences of decisions made by him that go beyond his powers established by the current legislation, the Charter of the enterprise, and other regulatory legal acts. The director of the enterprise is not released from liability if the actions entailing responsibility were taken by the persons to whom he delegated his rights. 5.3. The director of an enterprise, who unfairly uses the property and funds of the enterprise in his own interests or in the interests of those contrary to the interests of the founders, shall be liable within the limits determined by civil, criminal, administrative legislation.

5.4. . The job description was developed in accordance with (name, number and date of the document) Head of the structural (initials, surname) unit ( personnel service) (signature) » » 20
Yu.), together with the deputy head of administration - chairman of the City Property Committee (), by May 17, 2004, ensure the signing of job descriptions by the heads of municipal unitary enterprises in accordance with standard forms job instructions. 3. Control over the implementation of this resolution shall be entrusted to the first deputies of the head of the administration of the city of Cheboksary, and the deputies of the head of the administration of the city of Cheboksary Cherkasov A.
Yu., Head of the Administration of Cheboksary Appendix 1 Approved by the Resolution of the Head of the Administration of the city of Cheboksary dated April 1, 2204 No. 63 I APPROVE: (name of organization, Head of the administration of the enterprise) of the city of Cheboksary "" 200 Job description for the head of the municipal unitary enterprise (for enterprises housing and communal services and other enterprises) (name of organization, enterprise, etc.)

Job description of the director of housing and communal services

Consider or reject proposals for:

• personnel changes;
• encouragement, disciplinary, financial punishment of employees;
• improving the performance of the organization.

9. Require the founders of the enterprise to provide conditions conducive to the performance of their duties. IV. Responsibilities The director is responsible for: 1.

Consequences of decisions made. 2. Preservation and use of the property of the enterprise. 3. Financial and economic results of the organization. 4. Violation of regulations, governing documents of the enterprise.

5.

Attention

Causing damage to the organization, its employees, the state, contractors. 6. Sending deliberately false, inaccurate information to employees of the enterprise. 7. Improper performance of their official duties.

8.

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Together with labor collectives and trade union organizations to ensure, on the basis of the principles social partnership development, conclusion and implementation of a collective agreement, compliance with labor and production discipline, promote the development work motivation, initiatives and activity of workers and employees of the enterprise. 3.8. Resolve issues related to the financial, economic and production and economic activities of the enterprise, within the rights granted to it by law, entrust the conduct of certain areas of activity to others officials— deputy directors, heads of production units and branches of enterprises, as well as functional and production units. 3.9.

II. Functions The following functions are assigned to the director of the enterprise: 2.1. General management of production, economic and financial and economic activities of the enterprise. 2.2. Organization of interaction of all structural divisions, shops and production units.

Info

Ensuring the fulfillment of all obligations assumed by the enterprise, including obligations to budgets of different levels and extra-budgetary funds, as well as under contracts. 2.4. Creation of conditions for the introduction of the latest equipment and technology, progressive forms of management and organization of labor. 2.5. Taking measures to ensure healthy and safe working conditions at the enterprise.

2.6. Compliance control Russian Federation in all services. 2.7. Protection of property interests of the enterprise in court, public authorities. III.

Job description of director veg sample

Manages the company in accordance with employment contract, the Charter of the Enterprise, agreements on the transfer and use of municipal property on the right of economic management, this job description. 2.2. Provides effective use and safety of property transferred to the Enterprise for economic management. 2.3. Carries out efficient and sustainable work of the Enterprise in accordance with the plan of financial and economic activities, fulfillment of contractual and other obligations.

2.4. Provides high-quality maintenance of the housing stock assigned to the Company, provides paid services population by various types works on the operation of the housing stock, repair. 2.5. Introduces into production new technology, performs technical re-equipment, improves the qualifications of the employees of the Enterprise. 2.6.

568 directors of state-owned enterprises violated the ban on combining the leadership of the state unitary enterprise / municipal unitary enterprise with private business

568 managers did not comply with the prohibition to be a founder (participant) of a legal entity, to hold positions and engage in other paid activities in commercial and non-profit organizations, study entrepreneurial activity, be the sole executive body or a member of the collegial executive body of a commercial organization. Also, in violation of the prohibitions, 59 of the directors of the SUE / MUP were individual entrepreneurs. As a result of our requests:

• In 310 cases, violations were confirmed by the Prosecutor General's Office or regional prosecutor's offices, and prosecutorial response measures were taken.
• In 59 cases, information was sent to the authorities about the need to update information in the Unified State Register of Legal Entities (including in the event of liquidation of enterprises)
• 12 leaders dismissed from their positions before the prosecutor's response
• 3 leaders withdrew from the founders of commercial enterprises before the prosecutor's response was taken
• 1 lawsuit filed
• No responses were received for 183 cases (as of 12/01/2017)

1 VRIO effect

Some heads of enterprises are trying to evade responsibility for non-compliance with the prohibitions, designating themselves in the Unified State Register of Legal Entities as temporary acting heads.

The fact is that, according to part 2 of Art. 21 161-FZ, prohibitions apply only to the head of a unitary enterprise, and one may get the impression that “temporality” frees managers from all possible problems with the law.

According to Part 1 of Art. 40 14-FZ "On companies with limited liability”, “sole executive agency society (general director, president and others) is elected general meeting members of the company for a period determined by the charter of the company. At the same time, “the sole executive body of the company without a power of attorney acts on behalf of the company, including representing its interests and making transactions (part 3 of article 40 of 14-FZ).

Thus, in the relevant section of the Unified State Register of Legal Entities, only the head (sole executive body) of a legal entity is indicated for this moment. The urgency and the name in this case are nothing more than a convention. It can be called whatever you like - here the legislator gave the founders complete freedom: the traditional "general director", "director", "president", more rare "chief", "manager", " Chief Editor", "artistic director". It all depends on the specifics and imagination - even a "procurator". Sometimes legal manager The organization may also have a chief accountant.

All persons included in the Unified State Register of Legal Entities in this section, regardless of the title of the position, have one thing in common: these are the direct managers of the legal entity for the period of the employment relationship. That is why prefixes about the temporary replacement of a position cannot exclude them from the legal field.

In 77 cases out of 568 detected (13%) in extract from the Unified State Register of Legal Entities in the section "information about a person who has the right to act without a power of attorney on behalf of a legal entity" in the column "position" is the acting head, acting director, etc. (in one case - the deputy director).

Most of all, this practice is widespread at the level of federal state enterprises - 36 out of 95 managers identified by us as possible violators of the ban on managing and owning a business had the prefix “acting / acting”.

Perhaps this is due to the fact that different prosecutor's offices interpret the law differently. In particular, the Moscow prosecutor's office, when considering an application against 13 subordinate acting. (acting) of the heads of the Federal State Unitary Enterprise informs “that the ban established by Part 2 of Article 21 No. 161-FZ does not apply to persons temporarily acting as heads of unitary enterprises.”

Many of these directors "temporarily" manage enterprises for many years:

and about. Director of the Federal State Unitary Enterprise VNII "Agrosystem" E.Yu. Dremlyuga - since 2012, acting General Director of FSUE "Svyazstroy" V.A. Shishkin and acting General Director of FSUE Geoexpertiza V.M. Bachurin - since 2013, acting Director of the Federal State Unitary Enterprise "State Republican Center for Expertise and Certification in the Field of Protection and Restoration of Historical and Cultural Monuments" I.G. Dzherapov - since 2015.

In Omsk, Voronezh, Nizhny Novgorod, Chelyabinsk, Rostov regions, in the Perm Territory and in Tatarstan, in contrast to Moscow, the prosecutor's office took action against violators with the prefix "acting".

As of December 2017 following our allegations regarding 77 violations:

• 33 interim/acting heads of unitary enterprises no longer hold their positions (including those in respect of which prosecutorial response measures were not applied);
• 18 interim/acting heads of unitary enterprises withdrew from the management and ownership of the business, liquidated individual entrepreneurs and legal entities (including those in respect of which no prosecutorial response measures were applied);
• 26 interim/acting continue to hold office without correcting the violation.

2 Related business

348 managers are engaged in business in the same area as their SUEs / MUPs

348 out of 568 heads of state unitary enterprises and municipal unitary enterprises, who attracted our attention as likely violators of prohibitions and restrictions, manage and (or) own shares in legal entities that carry out commercial activity in the same business(as well as in related industries) in the same region as the unitary enterprises they head. For example:

• Director of Municipal Unitary Enterprise "Shkolnik" Chelyabinsk region, Ashinsky district, Asha Shakirova Larisa Nikolaevna (already former - the enterprise has been in liquidation since August 2017, the head liquidation commission another person was appointed) was the founder and director of Kombinat Catering Peremenka, Chelyabinsk region, Ashinsky district, Asha.
• Director of the Federal State Unitary Enterprise "Central Apteka", Moscow, Ivanova Elena Vladimirovna was a member of LLC "TED", Moscow, whose main activity is wholesale pharmaceutical products. In July 2017, Ivanova withdrew from the membership of TED LLC.

56 commercial organizations actually have the same name as unitary enterprises (sometimes even the same legal address). For example:

• Director of the Municipal Unitary Enterprise "Department of Architectural Planning and Urban Planning" of the Nurlat Municipal District, Republic of Tatarstan, Gareev Marcel Mansurovich was CEO LLC "Department of architectural planning and urban planning" of the Nurlat municipal district. In June 2017, he resigned from the position of director of UAP and G NMR LLC, and in November 2017 he left the membership.
• Director of the FSUE "Design and Design Bureau" in Kirov Sychugov Yury Vyacheslavovich was a member of LLC "Design and Design Bureau" in Kirov. In June 2017, he left PKB LLC, abandoning a 50% share in favor of the company.
• Director of Municipal Unitary Enterprise "Paris Housing and Public Utilities" Chelyabinsk region, Nagaybaksky district, s. Paris Kadykeev Yury Vasilievich is a member and director of PARIS housing and communal services LLC Chelyabinsk region, Nagaybaksky district, s. Paris.

3 Lack of control

Of the 584 heads of enterprises who combined work in state unitary enterprises or municipal unitary enterprises with private business, the vast majority were already entrepreneurs before their appointment, i.e. the employer, after due diligence, should not have appointed them at all.

Most delinquent leaders should not have received appointments to state unitary enterprises / municipal unitary enterprises at all

In addition, the leaders, according to Part 2 of Art. 22 161-FZ, there is an obligation to bring to the attention of the owner of the property of a unitary enterprise information:

• about legal entities in which he, his spouse, parents, children, brothers, sisters and (or) their affiliates own twenty or more percent of the shares (shares, shares) in the aggregate;
• about legal entities in which he, his spouse, parents, children, brothers, sisters and (or) their affiliates, recognized as such in accordance with the legislation of the Russian Federation, hold positions in management bodies.

It is obvious that the heads of unitary enterprises do not fulfill this obligation to a sufficient extent.

Among the many organizational and legal forms provided for by Russian legislation, there is also a municipal unitary enterprise.

They can operate both at the federal level and at the regional level - however, most often such enterprises are created precisely by the local self-government of municipalities.

Let's try to figure out what constitutes a municipal unitary enterprise, briefly called MUP.

Organizational form

Define legal status MUP is easiest based on the name of this organizational and legal form. Every word in it is significant:

1. "Municipal" - this means that it is created at the level of local government to meet municipal needs in some kind of product, or, more often, in the performance of any type of work or the provision of services. In the event that the initiator of the creation is the state, state unitary enterprises are created.
2. "Unitary" - the property of the enterprise is integral and is not divided into shares, shares or other shares. Even its employees cannot own part of the property of the MUP.
3. "Enterprise" is a separate entity economic activity, which is a legal entity that acts in relations with counterparties or authorities on its own behalf and has property that it manages.

Property

However, with regard to property, a special reservation must be made: MUP is not its owner. This means that although unitary enterprises and commercial organizations, but everything they use is owned by the respective municipality.

The local authorities only assign some material assets to him, but they continue to belong to the municipality itself. That is why MUPs are divided into two types, depending on the right on the basis of what right they use this property:

• on the right of economic management - in fact, this is the civil law status of most conventional CBMs;
• on operational management - the so-called state-owned enterprise. This type of CBM is much less common because operational management is not very convenient for doing business.

Operational management implies that any actions related to property require permission from the owner - in this case, the local authority. Unlike a municipal enterprise of the usual type, state-owned enterprises are less focused on making a profit and are much more dependent on budget financing. An example of a state-owned enterprise can be electric transport enterprises (trolleybuses or trams) in many cities.

Disposal of property

MUP has no right to sell, lease or otherwise dispose of property without the consent of the local authority. It also cannot create subsidiaries.

However, they can invest part of their finances in capital commercial companies or partnerships as permitted by the Articles of Association and local law. Income from such deposits is recorded in the financial statements of the enterprise.

In addition, the MUP, within certain limits, can dispose of the income received from its activities. In particular, they are used to pay the wages of managers and employees of the company.

On what basis does it work?

The activities of municipal unitary enterprises are regulated by a number of regulations, of which the most important are the following:

1. Civil Code of the Russian Federation. In their art. Art. 113-114 (Article 115, concerning state-owned enterprises, has not been in force since September 2014), this act gives general characteristics MUP and describes the general "rules of the game" for them.
2. Law No. 161-FZ. It already concretizes the activities of MUP and gives a clearer description of the rules of their work.
3. Law No. 44 FZ. It concerns such type of activity of MUP as purchase of goods or order of services for municipal needs. However, it must be remembered that from January 2018 this law will become mandatory in a much larger number of cases. In fact, this law will apply to almost all types of procurement carried out by MUP.
4. Law No. 223-FZ. Until the entry into force of certain norms of Law No. 44-FZ, this act applies to most purchases made by municipal unitary enterprises. In particular, until January 2018, MUEs should be guided by it when concluding subcontracts in their field of activity.

The list is not complete: special rules of law apply to certain areas of activity carried out by these organizations. In addition, it should be taken into account that the work of the MUP can also be regulated by acts adopted by local governments: the administration of cities, districts, etc.

How is it created

In order to municipal enterprise to get started, the following is required:

1. The relevant local authority issues a resolution on the establishment of the MUP. It is issued in cases where it is required either to service property that cannot be privatized by law, or to provide the population with some goods or services according to minimum prices. In particular, quite often CBMs are created to service the operation of water supply networks, for landscaping and cleaning streets, garbage collection, etc.
2. The same body approves the Charter of the enterprise. This is the only founding document of the MUP. It reflects the purpose for which the enterprise is created, the property transferred to it, the management procedure and other issues related to the activities of the MUP. Important to know: The charter is prepared by the municipal government's property management department or other division.
3. A director is appointed. His powers are determined by the Charter, but the specific appointment is made by the owner - the local government. The municipal body also concludes an employment contract with the director.
4. The transferred property is assessed and its full inventory is made.
5. The local administration applies to Rosreestr with an application for registration of MUP.
6. From the moment the local branch of Rosreestr makes an entry in the Unified State Register of Legal Entities (registry of legal entities), MUP can begin work.

What kind of financial and economic activity plan does MUP have, see the following video:

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