The school rents out the premises. Does the school have the right to rent premises?

15.06.2019

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Instruction

In Art. 296 of the Civil Code of the Russian Federation states that any institution may exercise its rights in relation to the property assigned to it in accordance with the goals of its activities and tasks. Art. 39, clause 11 of the Law of the Russian Federation "On Education" allows an educational institution to act as a lessor of property, after the requirement for the mandatory consent of the founder to rent property has been excluded. To do this, the charter of the educational institution in the section on financial and economic activities must necessarily provide for the procedure for the delivery of property. Also, there should be a ban on transactions, as a result of which the alienation of property assigned to an educational institution is possible.

Before concluding a lease agreement, an expert assessment should be carried out to take into account the consequences of such an agreement for the educational process. It is carried out by the founder, this is how he can control the rental process. If the results show that there will be a deterioration in the conditions of education and upbringing of children, then the contract will not be signed. If such an examination is not carried out, then the contract is declared invalid. The law does not provide for any criteria for conducting an examination, therefore, in practice, everything is carried out on the basis of a subjective opinion.

The lease agreement is drawn up in accordance with the requirements of the Civil Code of the Russian Federation (Chapter 34). It is concluded in writing. An agreement on the lease of real estate for a period of one year or more provides for state registration with the territorial body of the Federal Registration Service. One of the parties to the contract applies here with a corresponding statement. The floor plans of the building indicating the leased area are attached to the real estate lease agreement.

The funds received as a result of renting premises that are in state or municipal ownership are considered by the Budget Code as revenues of the relevant budget after payment of all prescribed taxes and fees.

Sources:

Review judicial practice on the topic "Rent"

To hold a corporate tournament or organize classes for a group of people who want to learn self-defense techniques, you need to find a sports ground. Better yet, officially rent a well-equipped gym. But when drawing up a contract, it is important not to miss anything that could then interfere with your games and training.

We look at the time

The choice of the category of the gym depends both on the level and timing of the competition, as well as on the type of sport and the number of people who will be in the room. Taking into account, including the fans. It is one thing if only one friendly match is supposed to be played, for example, in mini-, and it is quite another to hold a longer complex tournament with the participation of a dozen teams. Not to mention the organization of many months and regular workouts, dancers or yoga fans. For the first of the possible situations, it is enough to agree on an hour of secret rent without special requirements in terms of comfort. You can directly with the director of a comprehensive school, which has a regular gym.

But if we are talking about fairly large competitions like the national championship, then you should look for a large modern sports complex. That is, having not only venues for professional and amateur tournaments in various types sports, but also many additional services. At the same time, it is fully working in the evening, on weekends and public holidays for the country. An agreement with the administration of such a structure should only be official. With an indication of the exact terms, services provided, rights, obligations and responsibilities of both parties. For example, for the behavior of fans or wearing football shoes with black soles that stain the parquet hall.

Sports part

Arriving at the hall, which you intend to rent for competitions, especially with the participation of professionals, try, first of all, to inspect the sports ground, evaluate its coverage and correct markings. This can be done without informing anyone, on your own. Most importantly, do not forget to bring clean change of shoes. Later, you should check the operation of the microphone and electronic scoreboard, condition of basketball hoops, mini-football wooden goals, fixtures for . On the rings and in the gate, by the way, there should also be nets.

Important for comfort is the availability of seats for fans outside the playing field or, as well as air conditioning in the heat. The benches for substitute players located along the site, a table for the referee-informer and the secretary, high-quality light under the ceiling will help to have a good tournament. Moreover, the lamps must be reliably protected from possible hit in them with a high ball. It is necessary to know exactly whether the lease agreement payment of the so-called utilities. Otherwise, it may turn out that the lights go out immediately after the final whistle, and the teams and referees will have to change in the dark.

It is obligatory for any solid gym to have at least two spacious locker rooms with armchairs or benches, with wardrobes for outerwear and shoes, with several closed showers and a toilet near the exit from the site. Specify in advance whether it is possible to use your own sports equipment during the competition - balls, rackets, shuttlecocks, etc. If it is impossible and the administration provides everything of its own, then it should be written in the contract on which ones and what will threaten you in case of loss of the ball for and breakdown of the bicycle simulator. A separate clause of the contract should be compensation for damage to the hall in the event that someone breaks a chair in anger after a defeat or damages the same net in the excitement of wrestling.

Hello buffet!

Organizers and participants of major tournaments, including corporate ones, usually bring a doctor with a first aid kit and everything necessary to provide first aid to injured victims. medical care. But you can also agree, for a fee, that during the competition a local doctor will stay at work or an ambulance team will arrive. And in the lobby, which is especially important in winter, there will be a cloakroom for fans and a buffet with coffee, mineral water and sandwiches, which is always in demand at sporting events. By the way, it is forbidden to sell and consume alcoholic beverages and beer in sports facilities.

Excellent news for the participants in the competition who are going to take with them or invite their wives and will be information about the presence in the complex of a children's room or even a playground for young daughters and sons. It is also worth remembering that what more people will come to the sports complex on personal or company cars, the more relevant the question of parking spaces will be. It is unlikely that any of the major managers will agree to leave Fords and Mercedes in the middle of the street and without security, and even walk two kilometers in the rain and snow to the hall and back. The presence in the hall, at least in civilian clothes, of police officers or security services will not interfere.

Sections and groups

Sports halls are rented on a contractual basis and for regular classes and training of athletes who come to them after or before work. This is done, in particular, by “interest groups” and some organizations that in their free time develop one kind of sport among their employees - mainly game (mini-football, volleyball) martial arts. There are no special differences in the contracts. Except that in this case the agreement will be long-term, and paid once a month. Typically not included in similar cases and points about the availability of parking, a buffet or an open medical room.

Room rental at the school

How much should it cost to rent a school room, cost per month?

Hello, this issue is determined by the leadership of the educational organization, plus it coordinates this issue with the Department of Education.

I am the principal of the school. My daughter wants to rent a room at my school legally. Will they accuse me of corruption?

So the money will go to the GOU, right? You are not the owner of the premises - this is second. Nothing will happen and no one will be blamed.

Ip will rent a room at the school to organize hot meals for schoolchildren. What is rented? Hot shop or dining room? Or both?

Good evening Elena! It all depends on whether you will cook food for schoolchildren in a hot shop, or you will cook in another shop outside the school and deliver food to the school lunch room. If you cook in the hot shop at school and then feed the students in the school dining room, then you need to rent both the hot shop and the dining room. If you prepare hot meals outside the hot shop of the school and subsequently deliver and serve meals to schoolchildren in the dining room, then only the dining room should be rented.

We rent a room in the school for a dance school. Can a school rent premises for non-educational purposes?

Dear Maria, the school has the right to lease premises not for educational activities with the consent of the founder and owner of the property.

The driving school entered into an agreement for the lease of premises (one class) in a general education school for conducting theoretical classes on traffic rules. But the SES refused to issue a conclusion of the sanitary and epidemiological examination on this type of activity at the school, referring to clause 1.7 of SanPiN 2.4.2.2821-10 "the use of premises of educational organizations for other purposes is not allowed." Is this waiver legal? If not, to which authorities should I appeal?

Challenge the denial judicial order. The theoretical part is essentially the same educational process as school lessons.

Can a self-employed person work in a public school? Do I need to rent a space?

Of course, he can combine work at school. At the same time, it is not necessary to rent a room, tutoring is possible at home.

Need real estate advice. Bidding site. Gov. I want to rent a school space.

Hello. Yes, consultation is possible. To do this, contact the lawyer of your choice through personal messages, and discuss the conditions for obtaining a consultation.

Is there a certain percentage of how much space a comprehensive school can rent?

No. Yes, usually it cannot be, the premises are not her property, therefore. As a rule, the owner manages it ( municipality as a rule), through their competent authorities.

Please tell me, can the school rent out the premises to an entrepreneur?

Hello. Leasing premises located in educational institutions to unauthorized persons is prohibited without options.

Hello. Only the owner or a person authorized by him has the right to conclude a lease agreement on the part of the lessor. The school is not such a person. These issues are decided by the owner - the department or the ministry of property relations.

I want to rent non-residential premises for a school. Can I be both a founder and a director in one person?

Are you talking about registering an LLC? Yes, you can. When submitting a package of documents for registration of an LLC, in the text of the Decision / Protocol of the founder No. 1 on the creation of an LLC (this document is mandatory), write down the clause: "The sole executive body of the Limited Liability Company "Name" is the director, full name with a term of office of five years.""

The gym premises were leased by the municipal organization to the children's sports school according to the lease agreement - who should measure the insulation resistance in the building of the gym - the owner and the tenant?

Hello, Elena! It depends on the content of the lease agreement. Article 655. Transfer of a building or structure 1. The transfer of a building or structure by the lessor and its acceptance by the lessee shall be carried out on the basis of a deed of transfer or other document on the transfer signed by the parties. Unless otherwise provided by law or the lease agreement for a building or structure, the obligation of the lessor to transfer the building or structure to the lessee is considered fulfilled after it is provided to the lessee for possession or use and the parties sign the relevant transfer document. Evasion of one of the parties from signing a document on the transfer of a building or structure on the terms stipulated by the contract is considered as a refusal, respectively, of the lessor from fulfilling the obligation to transfer the property, and the tenant from accepting the property. 2. Upon termination of the contract for the lease of a building or structure, the leased building or structure must be returned to the lessor in compliance with the rules provided for in paragraph 1 of this article. That is, if the networks are transferred to the Lessee, respectively, and their maintenance is borne by him, if not, the measurements are carried out by the Lessor.

I really need help. I want to rent a small room and open a mini-school there. Conduct lessons to prepare children for school. The income will not be big 15 - 20 thousand per month.
1) Do I need to format it somehow? Open IP or some other options there. I would like not to bother with a bunch of documents and reports to the tax office.
2) And how much will all this design cost?

Hello. Federal Law No. 129-FZ of August 8, 2001 "On state registration legal entities and individual entrepreneurs"(with amendments and additions) Registration of LLC, IP is mandatory by virtue of Article 2 of the Civil Code of the Russian Federation.

Good afternoon. If you are not ready to collect documents, this is not for you. Your type of activity will require a license from the Ministry of Education. That is, in order to receive, many requirements for premises and education will be put forward. Therefore, first clearly define what you want and contact the Department of Education. After you are given the entire list of documentation, many simply do not want to start all this. It is not difficult to open an individual entrepreneur, it is difficult to obtain a license.

Hello! Documents for opening a private school To purchase a license, you need to collect documents, the list of which includes: an application from a private person - the founder, as well as TIN; appeal directly from a legal entity with a certificate of tax registration; a copy of the charter adopted by the founder of the LLC; certificate that this non-profit institution has been registered (copy). Original documents are not required, it is enough to present copies certified by a notary. Before registering for a license, you need to have a clear idea in the business plan of how many students you can accommodate - these data are taken into account by the employees who draw up the documents.

1. You can apply for an individual entrepreneur, the state duty is 800 rubles 2. You can choose the type of taxation of the USN 6% of all income. For detailed advice, contact the lawyers of the site in private messages

Is it legally possible to rent the school premises for the College of Law and Business.

Good evening, dear visitor! It is quite possible in this case the municipality can do it Good luck, good luck.

Good day. You need to know the charter of the school, what is written in it in this regard. It's hard to say without knowing the documents. All the best.

I, as an individual entrepreneur, want to rent a room (class) at school to organize a commercial circle. According to Federal Law-135, art. 17.1 and FAS Letters No. CA/16309/14 dated April 24, 2014, I cannot do this without bidding, with the exception if the contract is concluded for a period of not more than 30 calendar days within six consecutive calendar months. Question - 30 calendar days must also be consecutive or can I distribute them over the entire period (six months)? For example, to conclude a contract for a period of six months, with the right to rent a class only on Saturdays?

Hello, no, it won't work that way, the lease term cannot be interrupted, that is, you cannot be a tenant one day a week and the rest not be. In order to lease school premises, the consent of the owner (municipality) and the founder's expert assessment are also required that such use will not harm the interests of education. . Also look carefully at paragraphs 3-3.2 of Art. 17.1. this law - there are features and exceptions, maybe you fall under. All the best!

I rent a room from the school for a dance studio. Near the entrance to the studio is a residential building. Some parents bring their children and drop them off in the yard of this house (the yard is adjacent to the school fence). The tenants are outraged that other people's cars call in and demand that the school management terminate the lease agreement with my studio. I warned my parents not to leave their cars there. there are other parking lots a little further away, and a notice about this is posted in the studio. But 5-7 people visit this yard a couple of times a week anyway. Does the school have the right to terminate the lease agreement with me based on complaints from tenants? Do residents have the legal right to prohibit other people's cars from driving into this yard (the passage is through, there is no barrier there)?

Hello, if the parking is located on the territory of the MKD, then the owners have the right to ask to vacate the parking spaces. It is difficult to say about the termination of the Agreement, since you first need to see the full text.

How to rent a room at a school to prepare for the Unified State Examination, what legal documents regulate this?

Hello. Please contact the principal of the school with this question. You will need to conclude a lease agreement and specify all essential conditions, such as payment for the room, payment terms, class hours, etc.

Good afternoon The right to rent space is regulated lease agreement non-residential premises with the owner of this premises (building) or with an authorized person. In this case, it is necessary to request documents from the school administration for the right to own the building, as well as their constituent documents and a draft lease agreement. By virtue of Art. 14 Federal Law No. 7-FZ of January 12, 1996 (as amended on December 19, 2016) "On non-profit organizations" (as amended and supplemented, effective from July 1, 2017) 1. The constituent documents of non-profit organizations are: approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budgetary institution; (as amended by the Federal Law of 08.05.2010 N 83-FZ) (see the text in the previous edition) the charter or, in cases established by law, regulatory legal acts of the President Russian Federation or the Government of the Russian Federation, regulations approved by the relevant body exercising the functions and powers of the founder, for a public institution; (the paragraph was introduced by Federal Law No. 83-FZ of 08.05.2010) the memorandum of association concluded by their members and the charter approved by them for an association or union; paragraph is invalid. - Federal Law of 03.11.2006 N 175-FZ. (see the text in the previous edition) The founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a memorandum of association. In cases statutory, a non-profit organization may act on the basis of the general provision on organizations of a given type and type. (as amended by Federal Law No. 83-FZ of May 8, 2010) (see the text in the previous edition)

Can the school rent the space to a self-employed tutor (non-IP)?

May, with the consent of the founder, Federal Law of November 14, 2002 N 161-FZ (as amended on July 29, 2017) "On State and Municipal Unitary Enterprises" "" Article 19. Disposition of the property of a state-owned enterprise A municipal state-owned enterprise has the right to alienate or otherwise dispose of its property only with the consent of the authorized body of local self-government. The charter of a state-owned enterprise may provide for the types and (or) size of other transactions, the conclusion of which cannot be carried out without the consent of the owner of the property of such an enterprise.

Can the school rent out a separate room for the restoration and repair of furniture.

Good day! Yes maybe. When renting out property, you are required to pay 13 percent of personal income tax on the income that you receive from the tenant by virtue of paragraphs. 4 p. 1 art. 208, paragraph 1 of Art. 209 of the Tax Code of the Russian Federation.

The school may rent out a separate building if it has the permission of the owner of the property - the city property department.

Hello, Usually the school does not rent out any premises, because the principal of the school needs to obtain additional approval from the education department. As an exception, it can rent out a room for, for example, sports sections. I wish you good luck and all the best!

See school charter. The property of the institution is under the right of operational management. As a rule, for the lease of property, the decision of the owner is necessary - the consent of the municipality. Good luck to you.

The municipal institution school leases the dining room for rent. What regulations or laws can be referred to in order to oblige the installation of metering devices for a separate room. Olga.

Olga, Good afternoon! When concluding a lease agreement for premises, you have the right to discuss these conditions and oblige the tenant to install these devices with a deadline.

Good afternoon The obligation of the owners (owners) of buildings, structures and structures to install metering devices is determined by the Federal Law of November 23, 2009 N 261-FZ (as amended on July 29, 2017) "On energy saving and on improving energy efficiency and on amending certain legislative acts Russian Federation "There is no norm obliging to install such metering devices in premises transferred for use (possession) to third parties. Consumption is calculated in accordance with calculation methods (methods). At the same time, calculation methods should determine the amount of energy resources in such a way as to stimulate buyers energy resources to carry out calculations on the basis of data on their quantitative value, determined using metering devices used energy resources.In your case, the obligation to install individual metering devices can be fixed in the lease agreement.I repeat, you cannot force the installation of such devices.

Can the school rent out part of the premises with a separate entrance to the MFC.

The school has the right to dispose of the property assigned to it by operational management, including leasing individual premises.

The founder has agreed to the school to lease two premises, and the school actually plans to lease one of them (the other is excluded).
Do I need to re-coordinate the lease of one of these premises with the founder?
After all, if you were allowed to hand over more than you plan to actually use, will there be any violation here?

Good afternoon There will be no excess of authority, so if more were handed over than approved, then re-approval would be necessary. Good luck!

Good afternoon. There is no need to re-agree on the lease if the founder initially gave written consent to the lease

If you have received consent to rent out two areas, and not just one, then the issue must be agreed with the founder. The need for coordination is due to the fact that for the use of different areas there may be different rents, and the founder calculated the average for two premises. You can successfully resolve your issue with legal assistance. Thank you for using the site!

Can the principal of a school rent school premises? For driving school.

Good day, Olga. Free space can be provided for rent. This requires a special procedure and agreement with the founder.

Can the principal of a school rent school premises? Hello. There is no ban. The law does not expressly forbid. Approval from the founder of the educational institution is required.

My brother and I decided to rent a room at the school and teach on a paid basis (Greco-Roman wrestling). There is a higher education. Please tell us what to expect and where to start. If I understand correctly, initially you need to open an IP ?! Initially, you should monitor the situation regarding the possible conclusion of an agreement with the school, since it is not so simple, and only then register the IP.

Can a school principal open a sole proprietorship, i.e., by renting a room in a shop selling popcorn near his own school?

Hello! No. By virtue of the norms of the Law "On the Fight against Corruption", the headmaster of the school is equated by law with state officials. They are prohibited from doing business.

1. Can a speech therapist rent a room at the school for his private lessons?
2. Is it enough for me for this type of activity (private students on the territory rented at the school) only a diploma of education, or do I need to organize some kind of license or state of emergency?

1) if there is the consent of the founder 2) To conduct this type of activity, you must contact the tax authority to register you as an individual entrepreneur.

I am an individual entrepreneur, I want to rent a room in a school for a choreographic class, to provide services to the public. The director says that an auction is needed. Please help me get around this.

Hello. Yes, you need to sign a contract. Did you apply?

I'm in college. The college rents classrooms from the school. The school decided to install turnstiles. To get through the turnstile you need a pass-card, for which they demand 150 rubles + 50 rubles every month for extending the life of the card. College education is paid, but it requires additional fee for a pass card. Is it legal?

Yes, it's legal. Why should you make an exception?

Content: The school is, first of all, the property of the state. The usual lease agreement for non-residential premises is indispensable when it comes to the need to rent the territory officially owned by the school. But the benefit from such a lease can be mutual - both for those who want to develop their business on school territory, and for the educational institution itself. The attention of the first is focused on the inexpensive cost of rent due to the fact that the premises are budgetary, and the second is on the opportunity to bring extra funds to the budget of the institution, which are simply necessary for schools. Any institution has the right to act in relation to its buildings and premises at its own discretion, without going beyond its intended purpose, as stated in Art. 296 in the Civil Code of the Federation. And here is article 39 Russian law"Pro Education" allows the institution to act as a landlord.

Can schools rent space?

Federal Law N124-FZ reads: "If the state or municipal institution, which is an object of social infrastructure for children, leases out property objects assigned to it, the conclusion of a lease agreement should be preceded by an expert assessment of the consequences of such an agreement carried out by the founder for ensuring the education, upbringing, development, recreation and rehabilitation of children, providing them with medical, treatment and preventive assistance, social protection and social services for children.
A lease agreement cannot be entered into if, as a result of peer review the possibility of deterioration of these conditions has been established.
The lease agreement may be invalidated on the grounds established by civil law.

Can the school rent out premises?

All 107 lease agreements were concluded for a period of 11 months. In 2010, proceeds from the premises leased by the university amounted to 72.8 million rubles, which were spent on: works and services for the maintenance of the property complex - 38.7 million rubles; other services - 10.8 million rubles; payment of taxes - 10.4 million rubles; wages and accruals - 0.8 million rubles; purchase of equipment and materials - 3.2 million rubles; communication services - 1.3 million rubles. Lease agreements were concluded by the university on a competitive basis in accordance with the procedure established by law.

N.P. Ogareva - 8.9 million rubles; St. Petersburg State Mining University.

How to rent school space

Moscow Institute of Physics and Technology (State University)
Dolgoprudny, Moscow Region, was rented from third-party organizations for the educational process 2 properties with a total area of 1955.7 sq.

m. Their rent cost the university 3.4 million rubles in 2010. During inspections of a number of federal educational institutions, individual facts of non-compliance with the requirements of regulatory legal acts were revealed: federal property was used by third-party organizations without formalizing contractual relations, for example, centers for collective use (temporarily not used by universities scientifically - research equipment); in fact, some third-party organizations occupied an area slightly larger than that determined by the lease agreement; a number of lease agreements were concluded without agreement with the owner of the federal property.

Room rental at the school

The charter of an educational institution should regulate the procedure for the activities of an educational institution in the delivery of property as a form of use of property assigned to an educational institution and the implementation entrepreneurial activity(pp.

6 p. 1 art. 13 Law of the Russian Federation "On Education"). In addition, the Law of the Russian Federation "On Education" in red.
The Federal Law of August 22, 2004 No. 122-FZ establishes the need to reflect in the section of the charter devoted to the structure of financial and economic activities, “a ban on transactions, the possible consequences of which are the alienation or encumbrance of property (that is, the emergence of rights to property from third parties ) assigned to an educational institution, or property acquired at the expense of funds allocated to this institution by the owner of the educational institution ”(clause 6 “e”, clause 1, article 13).

School rents out space

Therefore, in fact, the founder has a fairly large margin of discretion when conducting an expert assessment, and in practice it is equivalent to giving his consent to the lease of property.
Appendix No. 6 provides approximate form an act of peer review, developed by the Committee on Education of St. Petersburg. It should be specially noted that it is unlawful to hand over property assigned to state and municipal educational institutions to the owner.
Concerning lease relations, That general provisions on the lease are set out in Civil Code Chapter 34 “Rent” of the Russian Federation. Thus, Article 606 of the Civil Code of the Russian Federation determines that under a lease (property lease) agreement, the landlord (landlord) undertakes to provide the tenant (tenant) with property for a fee for temporary possession and use or for temporary use; the income received by tenants as a result of the use of the leased property in accordance with the agreement is its property. Land plots and other isolated natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and other things that do not lose their natural properties in the process of their use (Art. 607 of the Civil Code of the Russian Federation). The right to lease property belongs to its owner (Art.

In accordance with Part 4 of Article 13 of the Federal Law of July 24, 1998 No. 124-FZ “On the Basic Guarantees of the Rights of the Child in the Russian Federation”, if a state or municipal institution that is an object of social infrastructure for children leases the property assigned to it, the conclusion of a lease agreement must be preceded by an expert assessment of the consequences of such an agreement for the provision of education, upbringing, social protection and child care by the founder.

A lease agreement cannot be concluded if, as a result of an expert assessment, the possibility of worsening the specified conditions has been established. Thus, a lease agreement can be concluded if, after assessing the consequences of concluding such an agreement, the founder does not establish the possibility of deterioration in the conditions of education and social services for children, as well as violations of the rights of students.

Legal basis
Article 43 of the Law of the Russian Federation "On Education" provides that the material resources of an educational institution assigned to it by the founder are used by him in accordance with its charter. The Federal Law "On Higher and Postgraduate vocational education» Article 27 stipulates that in order to ensure the activities provided for by its charter, the founder assigns buildings, structures, property complexes, equipment, as well as other necessary property for consumer, social, cultural and other purposes on the basis of the right of operational management.

On practice educational institutions may be:
landlords, leasing out to other third-party organizations the land and service areas assigned to them, movable and immovable property;
tenants of the land and office space, movable and immovable property that they lack for the implementation of the educational, research, production and economic activities provided for by their charters, from third-party organizations.
In both cases, educational institutions must first carefully calculate and justify the need and amount of rent, its terms, the amount of financial calculations and conclude lease agreements with third parties in accordance with the requirements of civil law regarding rent.
Special attention educational institutions should pay attention to the financial issues of the lease, including the price of lease agreements; prevention of financial risks in cases of violation of the terms of contracts; providing opportunities for compensation for material damage; when changing external financial terms make the necessary clarifications in the price of the contract in order to avoid the unprofitability of the lease, up to the termination of the contract in court.
Civil legislation determines the procedure for exercising the right of ownership and other property rights.
The Civil Code of the Russian Federation (CC RF) defines: the right of operational management; management of the institution's property; general provisions on lease, including the lease of buildings and structures.
Article 296 of the Civil Code of the Russian Federation determines that:
the institution to which the property is assigned on the right of operational management, owns, uses this property within the limits established by law, in accordance with the objectives of its activities, the purpose of this property, and unless otherwise established by law, disposes of this property with the consent of the owner of this property;
the owner of property has the right to withdraw excess, unused or misused property, assigned to the institution or acquired by the institution at the expense of funds allocated to it by the owner for the acquisition of this property; the property confiscated from the institution, the owner of this property has the right to dispose of at his own discretion.
Effective January 1, 2011 new edition Article 298 of the Civil Code of the Russian Federation (as amended by the Federal Law of May 8, 1020 No. 83-FZ):
a budgetary institution, without the consent of the owner, is not entitled to dispose of especially valuable movable property assigned to it by the owner or acquired by a budgetary institution at the expense of funds allocated to it by the owner for the acquisition of such property, as well as immovable property; the rest of the property that is under its right of operational management, the budgetary institution disposes of independently, unless otherwise provided by law;
a budgetary institution has the right to carry out income-generating activities (only insofar as this serves to achieve the goals for which it was created), provided that such activities are indicated in its constituent documents; income received from such activities and property acquired at the expense of these incomes shall be placed at the independent disposal of a budgetary institution.
With regard to lease relations, the general provisions on lease are set out in the Civil Code of the Russian Federation in Chapter 34 "Rent".
Thus, Article 606 of the Civil Code of the Russian Federation stipulates that under a lease (property lease) agreement, the landlord (landlord) undertakes to provide the tenant (tenant) with property for a fee for temporary possession and use or for temporary use; the income received by the tenants as a result of the use of the leased property in accordance with the contract is its property.
Land plots and other isolated natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and other things that do not lose their natural properties in the process of their use can be leased (Article 607 of the Civil Code of the Russian Federation).
The right to lease property belongs to its owner (Article 608 of the Civil Code of the Russian Federation).
A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is entity, regardless of the term, must be concluded in writing. A real estate lease agreement is subject to state registration, unless otherwise provided by law (Article 609 of the Civil Code of the Russian Federation).
The lease agreement is concluded for a period specified in the agreement. If the lease term is not specified in the agreement, the lease agreement is considered concluded for indefinite term. In this case, each of the parties has the right to withdraw from the contract at any time by notifying the other party one month in advance, and in the case of real estate lease - three months in advance. The law or the agreement may establish a different period for warning about the termination of a lease agreement concluded for an indefinite period (Article 610 of the Civil Code of the Russian Federation).
The property is rented out with all its accessories and related documents ( technical passport, quality certificate, etc.), unless otherwise provided by the contract (Article 611 of the Civil Code of the Russian Federation).
The lessor shall be liable for defects in the leased property that completely or partially impede the use of it, even if he was not aware of these defects at the time of the conclusion of the lease agreement. If such defects are found, the tenant has the right, at his choice:
demand from the lessor either the gratuitous elimination of defects in the property, or a commensurate change rent or reimbursement of their expenses for the elimination of defects in property;
directly withhold the amount of expenses incurred by him to eliminate these shortcomings from the rent, having previously notified the lessor about this;
demand early termination of the contract (Article 612 of the Civil Code of the Russian Federation).
The tenant is obliged to timely pay for the use of the property (rent). The procedure, conditions and terms for paying the rent are determined by the lease agreement. The rent is established for all leased property as a whole or separately for each of its constituent parts. Unless otherwise provided by the contract, the amount of the rent may be changed by agreement of the parties within the time limits stipulated by the agreement, but not more than once a year (Article 614 of the Civil Code of the Russian Federation).
The landlord is obliged to produce at his own expense overhaul leased property, unless otherwise provided by law, other legal acts or a lease agreement. The tenant is obliged to maintain the property in good condition, to produce at his own expense Maintenance and bear the costs of maintaining the property, unless otherwise provided by law or the lease agreement (Article 616 of the Civil Code of the Russian Federation).
At the request of the lessor, the lease agreement may be prematurely terminated by the court in cases where the lessee:
uses the property with a material breach of the terms of the contract or the purpose of the property, or with repeated violations;
significantly degrades the property;
more than twice in a row after the expiration of the payment period established by the agreement does not pay rent (Article 619 of the Civil Code of the Russian Federation).
At the request of the tenant, the lease agreement may be prematurely terminated by the court in cases where:
the lessor does not provide the property for use to the lessee or creates obstacles to the use of the property in accordance with the terms of the contract or the purpose of the property;
the property transferred to the lessee has shortcomings that prevent its use, which were not specified by the lessor at the conclusion of the contract, were not known to the lessee in advance and should not have been discovered by the lessee during the inspection of the property or checking its serviceability at the conclusion of the contract;
the lessor does not carry out major repairs of the property, which is his obligation, within the terms established by the lease agreement, and in the absence of them in the agreement within a reasonable time;
property, due to circumstances for which the tenant is not responsible, will be in a state unsuitable for use (Article 620 of the Civil Code of the Russian Federation).
upon termination of the lease agreement, the tenant is obliged to return the property to the lessor in the condition in which he received it, taking into account normal wear and tear or in the condition stipulated by the agreement. If the tenant did not return the leased property or returned it untimely, the landlord has the right to demand payment of rent for the entire time of the inspection (Article 622 of the CG RF).
The financial issues of the lease are reflected in the educational institution in its accounting policy, in accounting, including on off-balance accounts. At the same time, they are guided by the requirements of the relevant regulatory legal acts of the Ministry of Finance of Russia.

How to use the right
National and departmental bodies exercising financial control conduct inspections in educational institutions of the targeted and effective use of the property complex by them.
So, when the commission of the Ministry of Education and Science of Russia checked the financial and economic activities of the St. Petersburg State Polytechnic University in July 2011, the following was established.
Due to the existing insufficiency of space at the university and its branches for educational activities, 8 real estate objects with a total area of 17.3 thousand square meters were rented in 2010. m. The university's expenses for rent at the expense of funds from extrabudgetary sources amounted to 12.1 million rubles.
Basically, the missing area was rented by the branches of the university. For example, in order to implement educational activities was rented: 9.1 thousand square meters. m of space with the payment of rent in the amount of 3.2 million rubles in the city of Cherepovets, Vologda Oblast (where there is a branch of this university) in secondary school No. 7; 3.9 thousand sq. m of area with the payment of 1.6 million rubles in rent to the Cheboksary City Palace of Children's and Youth Creativity in the Chuvash Republic (where a branch of the St. Petersburg State Polytechnic University operates).
In the same period, the university leased 107 real estate objects to third parties and private entrepreneurs in St. Petersburg. Most often, the leased space was used by tenants for the following purposes: organizing public catering, household, medical services, cultural and educational activities, providing postal and other services to students and employees of the university.
The university rented out premises: LLC "AvtoItalia" for a warehouse of spare parts with an area of 98.1 sq. m (rental payment 0.3 million rubles); LLC "Morstroytekhnologiya" for the production and design laboratory 985.5 sq. m (rental payment 5.1 million rubles); Molotok LLC for a public catering enterprise area 457.7 sq. m (rental payment 2.4 million rubles); Firma Medmarket LLC for the pharmacy area 121.4 sq. m (rental payment 1.2 million rubles); city polyclinic No. 76 for young people studying, area 176.5 sq. m (rental payment 0.5 million rubles); CJSC "Otdykh" for the railway and air ticket office area 35.6 sq. m (rental payment 0.4 million rubles); LLC "SP Rodent" for dentistry area 44.5 sq. m (rental payment 0.3 million rubles); JSC "Baltic Bank" for ATM 1.0 sq. m (rent 55 thousand rubles); IP Bykov for a hairdressing salon area 32 sq. m (rental payment 0.2 million rubles); LLC "Briya" for household services area 62.3 sq. m (the rent is 0.3 million rubles).
All 107 lease agreements were concluded for a period of 11 months.
In 2010, proceeds from the premises leased by the university amounted to 72.8 million rubles, which were spent on: works and services for the maintenance of the property complex - 38.7 million rubles; other services - 10.8 million rubles; payment of taxes - 10.4 million rubles; wages and accruals - 0.8 million rubles; purchase of equipment and materials - 3.2 million rubles; communication services - 1.3 million rubles.
Lease agreements were concluded by the university on a competitive basis in accordance with the procedure established by law.
Checks established receipts of rental payments: at the Mordovian State University. N.P. Ogareva - 8.9 million rubles; St. Petersburg State Mining University. G.V. Plekhanov - 1.3 billion rubles; at the Moscow Aviation Institute (Technical University) - 118.5 million rubles.
At the Moscow Institute of Physics and Technology (State University), located in the city of Dolgoprudny, Moscow Region, 2 real estate objects with a total area of 1955.7 sq. m. were rented from third-party organizations for the educational process. m. Their rent cost the university 3.4 million rubles in 2010.
During inspections of a number of federal educational institutions, individual facts of non-compliance with the requirements of regulatory legal acts were revealed:
federal property was used by third-party organizations without registration of contractual relations, for example, by centers for collective use (scientific research equipment temporarily not used by universities);
in fact, some third-party organizations occupied an area slightly larger than that determined by the lease agreement;
a number of lease agreements were concluded without agreement with the owner of the federal property.

What to change?
In the process of further improvement legislative framework development of the education system it is expedient:
in the Civil Code of the Russian Federation, in Article 608 “Landlord”, it is additionally written that the landlord, for example, an educational institution, when concluding a lease agreement, must take his attention so that the tenant in the leased area or land plot did not carry out work that adversely affects the main statutory activities of the lessor (for example, educational - conducting production using machine tools, chemical and fuels and lubricants negatively affecting the health of students);
update the provisions of Federal Law No. 135-FZ of July 29, 1998 “On Appraisal Activities in the Russian Federation” so that when determining the annual rent rate, modern conditions, for example, that educational institutions now bear additional expenses to pay land tax and corporate property taxes.

V.A. PRIVEZENTSEV, Candidate of Economic Sciences, Honored Economist of the Russian Federation