Student as a structural unit of the university. Structural divisions of the university: legal aspects

All of us, to one degree or another, have come across student life, otherwise we would not have been interested in this journal of the modern student. Let us recall the words of the classic: “We all learned a little, something and somehow”, but in fact we studied our specialty at the department at the university.

If we recall the departments of the university, we can safely say that the department is a separate realm dedicated to one specialty and providing deep knowledge in it. For those who do not quite understand what is at stake, it is worth explaining more clearly what a department at a university is.

Department and its role in the structure of the university

Let's start from afar, the faculty is a structural unit of the university, which combines several similar specialties at once. For example, in my university there was a machine-building, electrical engineering, transport, engineering and physics, law and philology departments.

Respectively, any faculty unites several departments. Here it is worth deciding what kind of structural unit it is, and what are its main characteristics?

So, department is a scientific and educational unit, which is part of the faculty, which provides and guarantees an in-depth study of one specialty.

For example, in my university, the electrical engineering faculty had several departments at once, including electric drive and automation systems, electrical machines, electrical apparatus, power supply of installations, and others.

It would seem that everyone is united by the common term “electricity”, but in this case, as a specialist, I can safely say that we are talking about completely dissimilar specialties and narrow specialists in various fields of work.

Such a division is very important, because upon graduation, a really trained graduate comes to production, and not a “polyglot with a higher education crust”. Although in our time there are plenty of mediocre university graduates (not only technical ones).

Features of the department at the university

The department, as a structural unit of the faculty, is responsible not only for pedagogical activity in the specialty, but also for conducting mandatory industrial practice, educational work, advanced training of personnel and training of worthy young specialists.

To be more precise, the department is the research link of the faculty, since here you can prepare not only term papers and theses, but also defend a dissertation as a graduate student, a doctoral dissertation as an associate professor.

Accordingly, the conclusion suggests itself: the department means big plans and prospects not only for students, but also for their teachers, who can also fulfill themselves and significantly move up the career ladder.

Of course, all this happens under the vigilant supervision of the employees of the dean's office and, in particular, the dean, but the possibilities at the department are also unlimited.

The teaching staff of the department

As mentioned earlier, the pulpit is a small kingdom, which necessarily has its own "government". In fact, this is loudly said, but the hierarchical ladder is still present, but looks something like this:

1. The chief, who is also the leader, is the head of the department, who is elected by voting of the entire teaching staff for a period of five years (almost like a president).

2. Under his leadership is the entire teaching staff, including doctors of sciences, associate professors, laboratory assistants, teachers and even professors.

So it is obvious that decisions are made jointly, but the final word always remains with the head of the department. By the way, no one will be hired for this position, and the applicant must have five years of work experience at the university, a good reputation, authority among colleagues and students, and, if possible, the academic title of professor, doctor of science, or at least associate professor.

This position is a great responsibility, and not just honor and an increase in wages. The head of the department before the dean's office represents the interests of not only his colleagues, but also students of his specialty.

That is why it is best to start solving any problems in studies with a visit to the head of the department, and there it is not in his interests to distinguish himself by the next expulsion of a student.

In fact, the head of the department is a teacher who also conducts lectures, practical and laboratory work, seminars and open lessons. But, as a rule, he does this much less frequently, since there are always enough organizational and scientific concerns in the department.

As for the teaching staff of the department, all teachers also give lectures, organize industrial practice and perform practical work with students. In addition, they are responsible for intermediate certifications, exams, tests, and in general - for sessions. Well, the graduation project is generally a separate topic, to which the department also pays special attention.

In general, we can say that the department is responsible for the study of university students, which competently draws up a schedule of lectures and prevents all overlays, problems and inconsistencies.

If the work of the entire teaching staff of the department is adjusted and brought to automatism, then students do not have organizational problems for five years of study in their specialty.

What is in the department?

A department at a university is a complex subdivision that can and even should have:

Research laboratories;

Numerous branches (not only within the walls of the university);

Production sites for testing;

Library (not always);

Educational units;

The possibility of obtaining an additional higher education in a related specialty (for example, an electrician - electromechanic).

That is why we can say that all conditions have been created for the student so that he masters his specialty with knowledge of the matter and becomes a real graduate.

Coordination of educational and scientific activities is organized at the scheduled meetings of the department, where those teachers who advise students when writing term papers and graduation projects must be present without fail.

Their presence makes it possible to assess the real abilities of future students, even if this opinion is subjective.

The competence of this scientific and pedagogical division includes the solution of any issues regarding course retraining, advanced training, postgraduate education and retraining of personnel.

The military department is a separate issue

Most universities of the fourth degree of accreditation necessarily have a military department, on the example of which one can consider in detail the work of this entire unit. So, at the military department, high-quality training of junior officers is carried out without interrupting the educational process.

Only representatives of the stronger sex are admitted to the military department, and only if they successfully pass the entrance exams. As the practice of recent years shows, the number of vacancies is limited, and the competition is growing from year to year.

This is not surprising, because upon graduation, a young specialist or master receives not only a diploma of higher education, but also a military ID with an assigned military rank. Accordingly, honor has been given to the motherland, and nothing else prevents you from successfully getting a job.

In the absence of a military ID and not passing a military department, children of military age upon graduation from the university can be sent to military service and only upon return continue their employment according to the specialty received at the university.

So it only seems that the department is a small kingdom, in fact it is able to decide human destinies - in our case, the fate of students and future graduates.

But we still slightly deviated from the topic, and I want to talk about the relationship between the student and the department: what are the prospects and “pitfalls” that are important to remember and never forget?

Student and department

In his student life, a university student visits the department more often and visits the dean's office of his faculty much less often. This is not surprising, because teachers from the department solve all student problems, answer the questions posed in the most intelligible way, and even sometimes assist in their studies.

The student must understand that the issue within the department can still be resolved, but if the problem has reached the dean's office, then it is not far from expulsion.

That is why you should not leave all the difficulties for tomorrow, especially since the department is able to solve most of them today. So why not take this chance and expose yourself first?

As a rule, a department is a separate large office where several or all teachers of your specialty sit at once. So finding the right teacher is not particularly difficult, just wait for the next change and knock on the cherished door.

The head of the department sits separately, but some students, having studied for five years, have never knocked on his door. And why bother the authorities if there are no problems and questions?

In any case, the student should not take the help of the department with hostility, since people who are not interested in his expulsion work here.

If you ask in a timely manner, then they will definitely extend a helping hand and help solve seemingly grandiose student problems. So all university students can only wish: be friends with the department, and then your chance of successfully graduating from the university will increase rapidly.

Conclusion: If you have any thoughts about your department, I will gladly listen to them! I hope now there will be no more confusion in such important student terms as department and faculty.

Now you know about what is a university department.

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|Maxim Smirnov | 22989

It is not knowledge that makes us noble, but love and the desire for science and truth, which arise when a person begins to receive knowledge.

Many applicants are well versed in the names of faculties, they know the specifics and direction of work of the university and faculty they have chosen, but they have absolutely no idea about the structure of the educational institution. What is the difference between the work of the rector and the work of the dean, what is the faculty and how does it differ from the department, what are the main and most important structural units at the university, we will consider in this article.

Higher education institutions differ from each other, but the structure of the university is always the same. A higher educational institution not only provides higher specialized education, but also implies the implementation of scientific activities. Universities can be state and commercial. Each of them must have a Charter that regulates the activities of the educational institution.

University structure

Management and coordination of the work of the entire university is carried out by the rector. It has assistants, vice-rectors, each of which is responsible for a separate area of ​​work and functioning of the educational institution. Also, each university has a special unit called the Academic Council. It is headed by the rector. He is the chairman of the council. The composition of the Academic Council is approved annually.

Faculty

One of the main structural and administrative units of the university. There can be a different number of faculties in each higher educational institution. They differ from each other in the specifics of profile subjects. At each faculty, students are given the opportunity to:

Prepare for one or several very close to each other specialties;

The opportunity to improve the level of knowledge and professional qualifications;

To take part in the research activities of the departments that are part of the faculty.

Each faculty at the university unites several departments and coordinates their work in the following areas:

Scientific - the study of various disciplines;

Research - practical study of any material;

Educational - teaching disciplines and subjects to students;

Educational - education of students of various qualities through training.

department

Being a structural unit of the faculty, the department is responsible for teaching individual subjects, organizing educational work, organizing various types of practices, and raising the level of knowledge of pedagogical workers. It is a scientific research unit of the faculty.

The head of the department is one of the members of its professorial staff;

Each department should have its own research laboratories with all the necessary equipment;

For more successful and systematic work, meetings of the department are held periodically.

The department also carries out scientific activities within the framework of its specialization. Each faculty may have several different departments.

The faculty generalizes and coordinates the work of all departments with the help of the scientific council of the faculty, headed by the dean. They differ from each other in the specifics of core subjects, for example, economics, information systems

Deanery

The dean's office is an association of the dean, his deputies and methodologists responsible for different areas of work. Each faculty has its own dean's office. How many people and who exactly will be included in its composition is decided by the rector of the university.

The main tasks of the dean's office:

Collaboration with the admissions committee;

Development and control of educational and educational processes at the faculty;

Timely delivery of all necessary information to students;

Monitoring the progress of students;

Maintaining all necessary documents and others.

In addition, students can contact the dean's office with any question regarding the educational process, obtaining the necessary certificates and various others, which there are a lot, especially in the first year.

In order not to overload the dean's office with work, a curator is allocated for each group. This is a person from among the teachers who helps students to adapt, acquaints them with the rules of the educational institution, provides assistance as far as possible in any issues that arise, monitors the attendance and progress of students, and involves them in socially significant events held at the educational institution.

Thus, higher education institutions have their own structure and organization, which has been honed over the years, and is the most acceptable and convenient for all participants in the educational process. Each person occupies a special place in it and performs the functions assigned to him to achieve the most important and significant development goals facing all employees and students of the university.

The article addresses three questions:
The legal status of a structural unit of the university with the powers of a legal entity.
The legal regime of the property of the university and its structural divisions.
Budgetary regulation of the activities of the university.

L. B. Eliseeva,
Ural State University

STRUCTURAL DIVISIONS OF THE UNIVERSITY: LEGAL ASPECTS

Legal status of a structural subdivision of the university with the powers of a legal entity

For the first time, the definition of a separate subdivision appeared in the Tax Code of the Russian Federation after the entry into force of the Federal Law of July 9, 1999. N 154-FZ "On the introduction of amendments and additions to the first part of the Tax Code of the Russian Federation", although the concept itself was used in Russian legislation before.

Adoption July 10, 1992 Law of the Russian Federation N 3266-1 "On Education" and 22.08.1996 of the Federal Law 125-FZ "On Higher and Postgraduate Vocational Education" allows us to speak about the existence of special legislation regulating the activities of an educational institution. Consider the development of the concept of "structural unit" in time.

1992 In accordance with Article 7 of the Law "On Education", educational institutions can create branches, departments, structural subdivisions, which, by proxy of the parent organization, can fully or partially exercise the powers of a legal entity, incl. have an independent balance sheet and own accounts in banking and other credit institutions.

1995 The first part of the Civil Code of the Russian Federation, put into effect on January 1, 1995, gave a legal definition of a representative office and a branch of a legal entity. In accordance with paragraphs 1, 2 of Article 55 of the Civil Code of the Russian Federation, a representative office is a separate subdivision of a legal entity located outside its location, which represents the interests of a legal entity and protects them; a branch is a separate subdivision of a legal entity located outside its location and performing all or part of its functions, incl. representation functions.

The legal regime of branches and representative offices has much in common:

  • both the branch and the representative office must act on the basis of the regulation approved by the legal entity;
  • heads of the branch and representative office are appointed to the position by a legal entity;
  • the representative office and branch must be indicated in the constituent documents of the legal entity;
  • since neither a branch nor a representative office are independent subjects of law, the heads of the branch and representative office must have a power of attorney of a legal entity;
  • both the branch and the representative office are endowed with property by the legal entity itself. At the same time, the isolation of property is relative, since this property continues to be the property of the legal entity itself. Consequently, the property of a branch and representative office can only be on a separate balance sheet, which is part of the independent balance sheet of a legal entity. However, this provision came into conflict with Article 7 of the Law "On Education", according to which structural units with the powers of a legal entity may have an independent balance sheet. In practice, legally fixed cases of transferring branches to an independent balance sheet also appeared. So, approved by the Decree of the Government of the Russian Federation of March 7, 1995 No. N 233 "Model Regulations on an educational institution of additional education for children" provided for the possibility of the institution having branches, departments, structural subdivisions, which, by its power of attorney, can fully or partially exercise the powers of a legal entity, incl. have an independent balance sheet and own accounts in banks and other credit institutions. These divisions began to be recognized as a "branch with the rights of a legal entity."

1996 In the Federal Law of 22.08.96 adopted in 1996 N 125-FZ "On higher and postgraduate professional education" an attempt was made to specify the concept of a branch. In accordance with paragraph 2 of article 7 of the above law, the branches of the university are separate structural divisions located outside its location. In accordance with paragraph 3 of Article 8, universities are independent in the formation of their structure; Structural subdivisions of the university can be endowed by proxy in full or in part with the powers of a legal entity in the manner prescribed by the charter of the university.

1999 Part I of the Tax Code of the Russian Federation, which came into effect on January 1, 1999, excluded branches and representative offices from tax legal relations, recognizing only legal entities as possible taxpayers. This position was a serious innovation in relation to the previous Russian tax legislation. Law of the Russian Federation of December 27, 1991 No. N 2118-1 "On the Fundamentals of the Tax System of the Russian Federation" referred to taxpayers as legal entities, other categories of taxpayers who, in accordance with legislative acts, were charged with the obligation to pay taxes. Private tax laws described subjects of taxation more specifically. For example, the law of the Russian Federation of December 27, 1991 No. N 2116-1 "On income tax of enterprises and organizations" included in the composition of taxpayers enterprises and organizations that are legal entities and carry out entrepreneurial activities, as well as branches and other separate divisions of enterprises and organizations that have a separate balance sheet and settlement (current, correspondent) account . The Tax Code left for branches and other separate divisions of the organization the functional obligation to pay taxes and fees in the territory where organizations and other separate divisions carry out the functions of the organization.

However, the question of the concept of "isolation" of the organizational unit remained open.

And only the Federal Law of 09.07.99, which came into force, No. N 154-FZ "On Amendments and Additions to Part I of the Tax Code of the Russian Federation" legislated clearly defined the concept of a separate subdivision.

In accordance with paragraph 2 of Article 11 of the Tax Code of the Russian Federation, a separate subdivision of an organization is any subdivision that is territorially isolated from it, at the location of which stationary workplaces are equipped. At the same time, the workplace is considered stationary if it is created for a period of more than 1 month.

The Tax Code did not define what a "workplace" is, however, clause 1 of Article 11 of the Tax Code of the Russian Federation provided for the possibility of using concepts from other branches of legislation. Therefore, we turn to labor law. Federal Law of July 17, 1999 N 181-FZ "On the Basics of Labor Protection of the Russian Federation" interprets the workplace as a place where an employee must be or where he should arrive in connection with his work and which is directly or indirectly under the control of the employer.

In addition, the above law N 154-FZ "On Amendments and Additions to Part I of the Tax Code of the Russian Federation" for the first time gave definitions to a number of terms used in the legislation, but previously normatively vague and therefore causing a large number of disputes. In particular, the location of a Russian organization should be determined solely by the place of its state registration.

A norm similar in content is contained in paragraph 2 of Article 54 of the Civil Code of the Russian Federation. However, in civil legal relations, this norm allows the establishment of a different location of the organization indicated in the constituent documents of the legal entity.

The issue of tax registration of separate divisions of organizations is fundamentally different from civil law relations. A certain criterion has appeared - the presence of stationary jobs (created for a period of more than one month), equipped outside the place of state registration of the organization. From now on, it is not the form of introducing a separate subdivision into the constituent documents that matters, but the actual existence of a structural unit of a legal entity located outside its location. Failure to comply with the form indicates only a violation of civil and tax laws. According to paragraph 4 of Article 83 of the Tax Code of the Russian Federation, an organization is obliged to submit an application for registration with the tax office at the location of its separate subdivision within one month from the date of creation of this subdivision.

The legal regime of the property of the university and its structural divisions

It was mentioned above about the legal regime of the property of branches and representative offices. Let us consider in more detail the issue of the legal regime of the property of an institution and its structural divisions.

An institution is the only type of non-profit organization that is not the owner of its property. There is an opinion that, like unitary enterprises, they are remnants of the former economic system, which is not characteristic of a developed commodity market. This opinion is debatable and deserves separate consideration.

Let us dwell only on the real right of property at the disposal of an institution (an equally separate subdivision).

The state, as the owner of the bulk of the property, being unable to directly manage the objects belonging to it and at the same time not wanting to lose the right of ownership to them, is objectively forced to assign its property to enterprises and institutions on a limited property right: the right of economic management and operational management. The difference between the rights of economic management and operational management lies in the content and scope of powers that they receive from the owner on the property assigned to them. The right of economic management is broader than the right of operational management.

In accordance with Article 294 of the Civil Code, the right of economic management is the right of a state and municipal unitary enterprise to own, use and dispose of the owner's property within the limits established by laws and other legal acts. Property transferred under the right of economic management is removed from the actual possession of the owner-founder and credited to the balance sheet of the enterprise. In relation to such an enterprise, the founder-owner retains the powers provided for by paragraph 1 of Article 295 of the Civil Code: he has the right to create an enterprise, appoint a director, approve the charter, reorganize and liquidate it, exercise control over the use of property for its intended purpose, receive part of the profit from the use of the transferred property. It should be especially noted that with the property held by the enterprise on the right of economic management, it is liable for its debts.

The right of operational management in accordance with paragraph 1 of Article 196 of the Civil Code is the right of an institution or state-owned enterprise to own, use and dispose of the property assigned to them within the limits established by law, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property. The right of operational management is much narrower than the right of economic management.

If an enterprise endowed with property on the right of economic management cannot dispose of only real estate, while it disposes of the rest of the property belonging to the enterprise on its own, then the institution, in accordance with the direct indication of paragraph 1 of Article 298 of the Civil Code, is generally deprived of the right to dispose of the property or property assigned to it received on a budget. The institution can independently manage only the funds spent by it in accordance with the estimate. Thus, an institution, even with the consent of the owner, is not entitled to alienate the movable and immovable property of the owner assigned to it. If such a need arises, it has the right to ask the owner to alienate the property belonging to him on his own behalf.

In a special legal position is the property of the institution, received from "income-generating" activities. The income received from conducting such activities and the property acquired at their expense in accordance with paragraph 1 of Article 298 come to the independent disposal of the institution and are accounted for on a separate balance sheet. We can talk about a special real right - the right of independent disposal.

Since the list of property rights in accordance with paragraph 1 of Article 216 of the Civil Code is closed, there is an opinion among civilists that the right to independent disposal is identical to the right of economic management. Indeed, these rights are very close, but in a detailed analysis of civil law norms they are not identical. Without going into a discussion on this issue, we will only draw a conclusion that interests us within the framework of the topic under consideration about the structural divisions of the university, that the property of the institution received according to the estimate and as a result of income-generating activities has a different legal regime: in the first case, the institution owns the property on the right of operational management, in the second - on the right of independent disposal. Thus, if an institution carries out activities that generate income or creates structural units that provide paid educational services and other activities permitted by law aimed at achieving the goals and objectives specified in the Charter or Regulations, then the property received as a result of such activities acquires a special legal status and must be accounted for on a separate balance sheet.

Budgetary regulation of the activities of the university

Let us consider the correlation of the above conclusions with the budgetary regulation of the activities of universities.

In the 1990s, the budgetary law of the Russian Federation changed significantly, which was due to the economic and political changes that had taken place. The changes were expressed in an increase in the level of independence of the subjects of budgetary relations, new features appeared related to the focus on the transition to market relations. A regulatory framework for budgetary law was created. Among the legislative acts of special content stand out the Law of the RSFSR N 734-1 dated 01/10/91 "On the basics of the budget structure and the budget process", Law of the Russian Federation N 4807-1 dated April 15, 1993 "On the basics of budgetary rights and rights for the formation and use of extra-budgetary funds of representative and executive bodies of state power of the republics within the Russian Federation, the autonomous region, autonomous districts, territories, regions, cities of Moscow and St. Petersburg, local authorities self-government", Decrees of the President of the Russian Federation, Decrees of the Government of the Russian Federation, legal acts of the Ministry of Finance of the Russian Federation. On January 1, 2000, the Budget Code of the Russian Federation, adopted by the State Duma on July 17, 1998, came into force.

If we trace the development of budget legislation over the past decade, we can clearly see the desire for centralization of state power, which primarily affects property relations. To do this, it is enough to analyze the revenue side of the budget.

The classification of state revenues can be carried out on various grounds: on a socio-economic basis, on a territorial basis, etc. The Budget Code distinguishes between tax and non-tax types of income. In accordance with paragraph 4 of article 41 of the Budget Code, non-tax revenues include income from paid services provided by budgetary institutions under the jurisdiction of federal executive authorities, authorities of the constituent entities of the Russian Federation, and local governments, respectively. Moreover, clause 1 of article 51 of the BC focuses on the fact that non-tax revenues of the federal budget are formed from income from the use of state-owned property, income from paid services provided by budgetary institutions that are under the jurisdiction of state authorities of the Russian Federation in full .

The emerging trend of centralization is also demonstrated by the Decree of the Government of August 22, 1998 No. N 1001 "On measures for the transfer to federal treasury bodies of the accounts of organizations financed from the federal budget, for accounting for funds received from entrepreneurial and other income-generating activities." Thus, the right of the university to independently manage the property received from income-generating activities is reduced to the right of operational management, when the owner, through the treasury authorities, fully controls the income and expenses of the institution. There is a legal conflict between the legislative acts adopted in the first half of the 90s (the Law "On Education", the Civil Code), when society sought to build a legal state based on democratic principles and legal norms of the late 90s, with the emerging trend towards rigid centralization.

The problem also turned out to be that the Decree N 1001 and the latest regulations adopted by the Ministry of Finance and the Central Bank of the Russian Federation in order to implement this resolution, we are talking about opening a personal account to account for funds received from entrepreneurial and other income-generating activities. If civil law, using the concept of "account" in the singular, implies the type of account (settlement, current, personal, correspondent) in a qualitative, but not quantitative sense, and implies the possibility of an organization having several, for example, settlement accounts, then the term " personal account" in the Resolution N For some reason, 1001 was understood literally in the singular. It turned out that an institution, even if it has a complex internal structure, conducts various types of activities, must have one account for accounting for extrabudgetary funds.

Even if the state wants to control all the income and expenses of the institution, it is inappropriate to artificially create unnecessary barriers to receiving and spending these funds, limiting the right of the institution to have several accounts for accounting for extrabudgetary funds, in comparison with other commercial and non-profit organizations. Why put the source of budget revenues in a deliberately disadvantageous position?

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  • Educational, scientific and administrative unit of the university, which trains students and graduate students in a particular specialty
  • Educational department of the university
  • Department of Higher Education
  • Part of a higher education institution
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    • The main association of the scientific and teaching staff of the university in one or more related academic disciplines
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      • Administrative and educational department of the faculty of the university
      • Management body at the university
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      • University management
      • "headquarters" of the university faculty
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        • Half of the academic year in universities
        • Six months at university
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        • (Latin 6-month) half of the academic year in higher and secondary specialized educational institutions