Type of educational institution under the new law. Types and types of educational institutions and organizations

EDUCATIONAL INSTITUTION - according to the legislation of the Russian Federation, an institution that carries out the educational process, i.e. implementing one or more educational programs and (or) providing maintenance and nutrition for students and pupils. EDUCATIONAL INSTITUTION is a legal entity. EDUCATIONAL INSTITUTIONS according to their organizational and legal forms can be state, municipal, non-state (private, public or religious organizations). Educational institutions include the following types: preschool; general education (primary general, basic general, secondary general education); primary vocational, secondary vocational and higher vocational education; special (correctional) for students, pupils with developmental disabilities; pre-school institutions; institutions for orphans and children left without parental care; other institutions carrying out the educational process.

Education Act

The management of an educational institution is carried out on the basis of an appropriate legal framework, which, among other things, determines the competence, rights, responsibilities of the founders and the educational institution itself.

Article 12. Educational institutions

1. Educational is an institution that carries out the educational process, that is, it implements one or more educational programs and (or) provides maintenance and education of students, pupils.

2. An educational institution is a legal entity.

3. According to their organizational and legal forms, educational institutions may be state, municipal, non-state (private, institutions of public and religious organizations, associations).

The effect of the legislation of the Russian Federation in the field of education applies to all educational institutions on the territory of the Russian Federation, regardless of their organizational and legal forms and subordination.

4. Educational institutions include the following types:

1) preschool;

2) general education (primary general, basic general, secondary (complete) general education);

3) institutions of primary vocational, secondary vocational, higher vocational and postgraduate professional education;

4) institutions of additional education for adults;

5) special (correctional) for students, pupils with developmental disabilities;

6) institutions of additional education;

7) institutions for orphans and children left without parental care (legal representatives);

8) institutions of additional education for children;

9) other institutions carrying out the educational process.

5. The activities of state and municipal educational institutions are governed by model regulations on educational institutions of the appropriate types and types, approved by the Government of the Russian Federation, and the charters of these educational institutions developed on their basis.

For non-state educational institutions, standard provisions on educational institutions serve as exemplary ones.

6. The state status of an educational institution (type, type and category of an educational institution, determined in accordance with the level and direction of the educational programs it implements) is established upon its state accreditation.

7. Branches, divisions, structural subdivisions of an educational institution may, by his power of attorney, fully or partially exercise the powers of a legal entity, including having an independent balance sheet and their own accounts in banking and other credit organizations.

8. Educational institutions have the right to form educational associations (associations and unions), including with the participation of institutions, enterprises and public organizations (associations). These educational associations are created for the purpose of developing and improving education and act in accordance with their charters. The procedure for registration and activities of these educational associations is regulated by law.

9. The rights and obligations of institutions of additional education, provided for by the legislation of the Russian Federation, also apply to public organizations (associations), the main statutory purpose of which is educational activity, only in terms of the implementation of additional educational programs by them.

Article 13

1. The charter of an educational institution must indicate:

1) name, location (legal, actual address), status of the educational institution;

2) founder;

3) organizational and legal form of the educational institution;

4) goals of the educational process, types and types of educational programs being implemented;

5) the main characteristics of the organization of the educational process, including:

a) the language(s) in which education and upbringing are conducted;

b) the procedure for the admission of students, pupils;

c) the duration of training at each stage of training;

d) the procedure and grounds for the expulsion of students, pupils;

e) assessment system for intermediate certification, forms and procedure for its implementation;

f) the mode of employment of students, pupils;

g) the availability of paid educational services and the procedure for their provision (on a contractual basis);

h) the procedure for regulating and formalizing relations between an educational institution and students, pupils and (or) their parents (legal representatives);

6) the structure of the financial and economic activities of the educational institution, including in terms of:

a) use of property objects assigned by the founder to the educational institution;

b) financing and logistical support for the activities of an educational institution;

c) sources and procedure for the formation of the property of an educational institution;

d) carrying out entrepreneurial activities;

7) the procedure for managing an educational institution, including:

a) the competence of the founder;

b) the structure, procedure for the formation of management bodies of an educational institution, their competence and the procedure for organizing activities;

c) the procedure for recruiting employees of an educational institution and the conditions for remuneration for their work;

d) the procedure for changing the charter of an educational institution;

e) the procedure for reorganization and liquidation of an educational institution;

8) rights and obligations of participants in the educational process;

9) a list of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.

2. The charter of a civil educational institution, to the extent not regulated by the legislation of the Russian Federation, is developed by it independently and approved by its founder.

3. If it is necessary to regulate the aspects of the activities of an educational institution specified in this article by other local acts, the latter are subject to registration as additions to the charter of the educational institution.

4. Local acts of an educational institution cannot contradict its charter.

Article 14. General requirements for the content of education

ensuring self-determination of the individual, creating conditions for its self-realization;

development of society;

strengthening and improvement of the rule of law.

adequate to the world level of the general and professional culture of the society;

formation of a student's picture of the world adequate to the modern level of knowledge and the level of the educational program (level of education);

integration of personality into national and world culture;

the formation of a person and a citizen integrated into the society of his day and aimed at improving this society;

reproduction and development of the personnel potential of the society.

3. Vocational education at any level should ensure that students receive a profession and appropriate qualifications.

State educational authorities ensure the development of exemplary educational programs based on state educational standards.

6. An educational institution, in accordance with its statutory goals and objectives, may implement additional educational programs and provide additional educational services (on a contractual basis) outside the educational programs that determine its status.

7. Military training in civilian educational institutions can be carried out only on an optional basis with the consent of students and (or) their parents (legal representatives) at the expense of the funds and forces of the department concerned.

8. An educational institution, when implementing educational programs, uses the capabilities of cultural institutions.

Article 15. General requirements for the organization of the educational process

1. The organization of the educational process in an educational institution is regulated by the curriculum (a breakdown of the content of the educational program by training courses, by disciplines and by years of study), the annual calendar academic schedule and class schedules developed and approved by the educational institution independently. State educational authorities ensure the development of exemplary curricula and programs of courses and disciplines.

2. State authorities, educational authorities and local self-government bodies are not entitled to change the curriculum and curriculum of a civil educational institution after their approval, with the exception of cases provided for by the legislation of the Russian Federation.

3. The educational institution is independent in choosing the assessment system, form, procedure and frequency of the intermediate certification of students.

4. The development of educational programs of basic general, secondary (complete) general and all types of vocational education ends with a mandatory final certification of graduates.

5. Scientific and methodological support of final attestations and objective quality control of graduate training upon completion of each level of education are provided by the state attestation service, independent of educational authorities, in accordance with state educational standards.

6. Discipline in an educational institution is supported on the basis of respect for the human dignity of students, pupils, and teachers. The use of methods of physical and mental violence against students and pupils is not allowed.

7. Parents (legal representatives) of underage students, pupils should be provided with the opportunity to get acquainted with the course and content of the educational process, as well as with the grades of students' progress.

Article 16. General requirements for the admission of citizens to educational institutions

1. The procedure for admission of citizens to educational institutions in the part not regulated by this Law is determined by the founder and fixed in the charter of the educational institution.

The founder establishes the procedure for admission to state and municipal educational institutions at the levels of primary general, basic general, secondary (complete) general and primary vocational education, ensuring the admission of all citizens who live in a given territory and have the right to receive an education of the appropriate level.

2. When a citizen is admitted to an educational institution, the latter is obliged to familiarize him and (or) his parents (legal representatives) with the charter of the educational institution and other documents regulating the organization of the educational process.

3. Admission of citizens to state and municipal educational institutions for secondary vocational, higher vocational and postgraduate vocational education is carried out on a competitive basis upon applications from citizens. The conditions of the competition must guarantee the observance of the rights of citizens to education and ensure that the most capable and prepared citizens are enrolled to master the educational program of the appropriate level.

Out of competition, subject to the successful passing of entrance exams to state and municipal educational institutions of secondary vocational and higher vocational education, orphans and children left without parental care, as well as disabled people of groups I and II, who, according to the conclusion of the medical labor commission, are not contraindicated for training, are accepted in relevant educational institutions.

In accordance with the above definition of the education system, educational programs must be implemented by educational institutions. More precisely, “non-profit organizations”, since “establishment” is one of the forms of non-profit organizations, and the law “On Education” (as amended by the Federal Law of August 22, 2004 No. 122 FZ) states that “State and non-state educational organizations can be created in the organizational and legal forms provided for by the civil legislation of the Russian Federation for non-profit organizations”.

Thus, an educational institution is only one of the organizational and legal forms in which non-profit educational organizations can exist. In accordance with the Civil Code and the Federal Law "On Non-Commercial Organizations", the registration of an educational organization in the form of an educational institution presupposes the presence of a founder. It is assumed that this organization will be subsequently financed by the founder, as well as the existence of subsidiary liability of the founder for the debts of the organization. (Recall that subsidiary liability is a kind of unlimited liability. Subsidiary liability arises when one person is liable for the debts of another due to the insufficiency of the property of the direct debtor).

The founder of the main part of non-profit educational organizations (institutions) is, as you know, the state.

Types of educational institutions

Detailed information about the types and types of educational institutions is contained in the information classifiers as part of the Integrated Automated Information System (IAIS) in the field of education (Appendix to the letter of the Ministry of Education of Russia dated 09. 03.2004 No. 34-51 -53in / 01-11)

Depending on their purpose, the following types of educational institutions are distinguished:

1. Preschool educational institutions.

2. Educational institutions for children of preschool and primary school age.

3. Educational institutions of additional education for children.

4. Interschool educational complexes.

5. Educational institutions.

6. General education boarding school.

7. Cadet schools.

8. Evening (shift) educational institutions.

9. Educational institutions for children in need of psychological, pedagogical and medical and social assistance.

1. Special educational institutions for children and adolescents with deviant behavior.

II. Special (correctional) institutions for students, pupils with developmental disabilities.

12. Institutions for orphans and children left without parental care (legal representatives).

13. Health-improving educational institutions of the sanatorium type for children in need of long-term treatment.

14. Suvorov military, Nakhimov naval schools and cadet (naval cadet) corps.

15. Educational institutions of primary vocational education.

16. Educational institutions of secondary vocational education (Secondary specialized educational institutions).

17. Educational institutions of higher professional education (Higher educational institutions).

18. Military educational institutions of higher professional education (Higher military educational institutions).

19. Educational institutions of additional professional education (advanced training) of specialists.

Types of educational institutions

Preschool educational institutions:

Kindergarten;

Kindergarten of a general developmental type with the priority implementation of one or more areas of development of pupils (intellectual, artistic and aesthetic, physical, etc.);

Kindergarten of a compensating type with the priority implementation of a qualified correction of deviations in the physical and mental development of pupils;

Kindergarten of supervision and improvement with priority implementation of sanitary-hygienic, preventive and health-improving measures and procedures;

Kindergarten of a combined type (combined kindergarten may include general education, compensatory and recreational groups in different combinations);

The Child Development Center is a kindergarten with the implementation of physical and mental development, correction and rehabilitation of all pupils.

Institutions for children of preschool and primary school age:

Primary school-kindergarten;

Elementary school-kindergarten of a compensating type - with the implementation of a qualified correction of deviations in the physical and mental development of pupils and students;

Progymnasium - with the priority implementation of one or more areas of development of pupils and students (intellectual, artistic and aesthetic, physical, etc.).

Institutions of additional education:

Center (additional education for children, development of creativity;

Children and youth, creative development and humanitarian education, children's and youth, children's creativity, children's (teenage), extracurricular activities, children's ecological (health, ecological and biological), children's and youth tourism and excursions (young tourists), children's (youth) technical creativity (scientific and technical, young technicians), children's marine (youthful), aesthetic education of children (culture, arts or by types of arts), children's recreational and educational (profile));

Palace of creativity for children and young students, pioneers and schoolchildren, young naturalists, sports for children and youth, artistic creativity (education) of children, children's culture (arts);

House (children's creativity, childhood and youth, student youth, pioneers and schoolchildren, young naturalists, children's (youth) technical creativity (young technicians), children's and youth tourism and excursions (young tourists), artistic creativity (education) of children, children's culture (arts);

Club (young sailors, rivermen, aviators, cosmonauts, paratroopers, paratroopers, radio operators, firefighters, motorists, children's (teenage), children's ecological (ecological and biological), young naturalists, children's and youth tourism and excursions (young tourists), children's youthful physical training);

Station (young naturalists, children's (youth) technical creativity (scientific and technical, young technicians), children's ecological (ecological and biological), children's and youth tourism and excursions (young tourists));

School (in various fields of science and technology, in various types of arts, children's and youth sports (sports and technical, including the Olympic reserve);)

Children's health-improving and educational camp;

Interschool educational complex.

General educational institutions:

Primary school

Basic comprehensive school

middle School of General education

Secondary school with in-depth study of individual subjects

Gymnasium

General education boarding school

Gymnasium-boarding school

Lyceum boarding school

General education boarding school with initial flight training

cadet school

Cadet boarding school

Evening (shift) general education school

Open (shift) general education school

Education Center

Evening (shift) general education school at corrective labor institutions (ITU) and educational labor colonies.

Educational institutions for children in need of psychological, pedagogical and medical and social assistance:

Diagnostic and Counseling Center

Center for Psychological, Medical and Social Support

Center for Psychological and Pedagogical Rehabilitation and Correction

Center for Social and Labor Adaptation and Career Guidance

Center for Curative Pedagogy and Differentiated Learning

Special educational institutions for children and adolescents with deviant behavior:

Special comprehensive school

Special Vocational School

A special (correctional) general education school for children and adolescents with developmental disabilities (mental retardation and mild forms of mental retardation) who have committed dangerous acts.

Special (correctional) vocational school for children and adolescents with developmental disabilities (mental retardation and mild forms of mental retardation) who have committed dangerous acts

Special (correctional) elementary school-kindergarten

Special (correctional) general education school

Special (correctional) boarding school

Institutions for orphans left without parental care:

Orphanage (for children of early (from 1.5 to 3 years old), preschool, school age, mixed)

Orphanage-school for orphans and children left without parental care

Boarding school for orphans and children left without parental care

Special (correctional) orphanage for orphans and children left without parental care with developmental disabilities

Special (correctional) boarding school for orphans and children left without parental care with developmental disabilities.

Health educational institutions:

Sanatorium boarding schools

Sanatorium forest schools

Sanatorium orphanages for orphans and children left without parental care.

Suvorov, Nakhimov, cadet institutions:

Suvorov Military School

Nakhimov Naval School

Cadet (Naval Cadet) Corps

Military Music School

Musical cadet corps.

Institutions of primary vocational education:

Professional institute

Vocational Lyceum - Center for Continuous Professional Education

Training and production center

Technical school (mining and mechanical, nautical, forestry, etc.)

Evening (shift) educational institution

Institutions of secondary vocational education:

1. Technical school (school)

2. College

Institutions of higher professional education:

Institute

academy

university

Military Academy

Military University

Military Institute.

Institutions of additional professional education:

academy

Institutes for advanced training and professional retraining (improvement) - sectoral, intersectoral, regional

Courses (schools, centers) for advanced training

Employment service training centers

Article 23 of the Federal Law "On Education in the Russian Federation" specifies all types of educational organizations, their features, goals and objectives. Next, we will analyze this article and clarify its details.

Criteria for dividing educational institutions into separate types

When dividing all educational institutions into types, general education programs selected for their activities are taken into account. In addition, the division is carried out taking into account the type of programs. It could be:

1. Basic educational programs.
2. Additional education programs.

General education programs include vocational and general education. The Law provides for six different types of educational organizations: four that involve the implementation of basic educational programs, and two types aimed at the additional development of schoolchildren.

All institutions that implement educational programs are further divided into 4 types:

• 2 types of general education institutions (general educational organizations and organizations of preschool education);
• two types of organizations providing vocational training (a higher education institution and an educational professional institution).

According to the Law of the Russian Federation of July 10, 1992, only two types of educational institutions were supposed, and they were not clearly indicated in the article. Special education in the Law was assigned to institutions of a correctional type, it was their duties to educate children with disabilities. Institutions for the upbringing and education of orphans were also singled out separately.

Features of correctional institutions

Regarding special institutions, we note that the current renaming of them into general educational organizations does not imply their liquidation.

The law provides for the formation by state bodies of the subjects of the Russian Federation of such educational organizations in which training would be conducted according to special programs adapted for blind, hard of hearing, mentally retarded or deaf children, as well as for students with problems of the musculoskeletal system, speech disorders, autism and other defects health.

Vocational training for children with disabilities is also carried out on the basis of special programs that are adapted for these categories of students.

On the procedure for the implementation of educational activities

Article 23 of the Federal Law "On Education in the Russian Federation" provides for the existence of four options for educational institutions that have the right to implement basic educational programs.

The first of these is called an educational preschool organization - an institution whose main purpose is to care for and look after children, as well as the implementation of training and education in educational programs for preschoolers.

On August 30, 2013, by Order of the Ministry of Science of the Russian Federation (No. 1014), a special Procedure was approved, according to which all educational work on the main programs is organized and carried out. Their preschool options are designed for those organizations that provide care for babies, including both private kindergartens and day care groups.

preschool education

It is important to remember that children can count on preschool education not only in specialized children's institutions, but also in the family. Clause 6 states that in the organization, care, supervision, preschool education are carried out from 2 months until the relationship is completely terminated (if the pupil reaches 6-7 years of age). Groups created to achieve this goal can be health-improving, compensatory, general developmental and combined orientation.

The order of the Ministry of Education and Science of October 27, 2011 was declared invalid. A letter dated August 8, 2013 from the Ministry of Education and Science contained Recommendations from the Department of State. policies regarding the acquisition of those educational institutions that are engaged in the implementation of the main general educational programs of preschool education and training. Moreover, the letter dealt with the creation of unified approaches to the number of children who need to attend preschool educational institutions.

The letter also contained recommendations to municipal authorities on the creation of a single information resource of the “electronic queue” for kindergartens. The deadlines for providing information on the number of applications (movements) for the current academic year were also determined. For registration in the register, parents or legal representatives of a preschooler fill out a form on the Internet that is freely available, or use the advice of a specialist from the municipality's MA. You can also personally apply to the authorized body with a written application for a place in a preschool institution.

School education

A general educational organization is an institution that sets as its main goal the implementation of the primary and secondary programs, and their functioning is subject to the Decree of the Government of the Russian Federation of 2001. Despite the fact that the document was published a long time ago, is periodically updated and republished, it has not lost its force and is currently in use.

According to this document, general educational organizations include:

• primary general education school;
• basic general education school;
• secondary school;
• mid-level institutions with in-depth study of certain subjects;
• gymnasiums that train schoolchildren in the natural sciences, technical, and humanitarian areas;
• lyceums implementing programs of secondary and basic education in profiles (directions).

The specifics of Art. 23 of the Law of the Russian Federation "On Education"

The described Law does not imply a separate division into types of educational organizations that provide in-depth (additional) training for schoolchildren, like a lyceum or gymnasium, and therefore questions arose even before its introduction.

There were fears that it did not provide for the development of gifted (talented) children. But in fact, everything is not so, this law on education in the Russian Federation is aimed precisely at the formation of talented youth. Regardless of the status of the educational institution, the teaching staff creates favorable conditions for schoolchildren.

Different types of educational organizations imply differences not only in status, but also in special funding conditions. The new Law also provided for the transition of the classical financing option to financing based on the results of the implementation of a municipal (state) order. All requirements for a school graduate are spelled out in the standards of the new generation: education of citizenship, patriotism, the ability to self-development, self-improvement.

Professional education

A vocational educational organization is an institution whose main purpose of functioning is educational activities in accordance with special programs of vocational secondary education.

Decree of the Government of the Russian Federation No. 543 of July 18, 2008 regulates these types of educational organizations. The main tasks of the educational institution are:

• realization of the needs of the individual in cultural, intellectual, moral development, by obtaining a professional secondary education;
• saturation of the market with specialists with secondary vocational education;
• development in the younger generation of industriousness, citizenship, responsibility, creative activity, independence;
• preservation of cultural and moral values ​​of society.

According to this law, the following types of medium-level educational organizations are provided:

1. A technical school that implements basic training programs.
2. A college offering advanced degree programs.

Name of educational institutions

Higher education

Considering various forms, types of educational organizations, one cannot ignore higher educational institutions. Their main purpose is educational and scientific activities on special programs. According to the model regulation on the structure of higher education, standards are gradually being introduced for each area of ​​study and for higher-level specialties.

Additional education

Additional education centers have been created to organize extracurricular activities for preschoolers and school-age children. The law on education of the Russian Federation provides clarifications on the size of groups, sections, circles, normative and financial support for activities. Recently, interest in such institutions has been growing, in each district center there is at least one center for additional education, and most of the sections, circles offered to children are free.

The educational process in the CDO is carried out on the basis of individual curricula. Groups are created according to interests, age, direction of activity. A variety of laboratories, sections, clubs, circles, ensembles, orchestras, studios, theaters: all this is offered to children outside the school walls. In addition to group options, additional education also offers individual forms of work.

Additional professional education

The purpose of creating such organizations is to carry out activities under special professional programs. According to the Law on Education, they perform the following functions:

1. Assistance to specialists in mastering information about the latest achievements in science and technology, advanced foreign and domestic experience.
2. Advanced training and retraining of specialists from institutions, organizations, laid-off workers, civil servants, unemployed specialists.
3. Conducting scientific research and experiments, consulting activities.
4. Full scientific expertise of individual projects, programs, other documents on the profile of the organization

Conclusion

Article 23 of the Law "On Education of the Russian Federation" fully explains the entire classification of educational institutions, their goals and objectives, funding features and legal form. The types of educational programs are also indicated in it. In addition, Russian legislation will determine the procedure for creating state educational institutions of various types and types.

1. GENERAL CHARACTERISTICS OF EDUCATIONAL INSTITUTIONS

The prestige of education in our country is steadily increasing every year. Most employers prefer to see qualified specialists with at least a secondary vocational education in the workplace. However, the actual receipt of quality education today is, one might say, a very problematic matter, and applies to almost all levels of education: from preschool to higher professional. The abundance of educational institutions and organizations, as well as the variety of educational programs they implement, often put a potential consumer of educational services in front of a difficult choice. According to statistics, the consumer is primarily concerned about two main questions: which educational institution to choose and what should be paid attention to when choosing an educational institution. Finding answers to these questions on your own can be difficult. The purpose of this manual is to provide consumers of educational services with qualified assistance in solving problems related to education and training.

This manual discusses the concepts of "consumer" and "educational services" in the context of civil law, and in the context of education legislation, and in their direct relationship. The main criterion for distinguishing here are the norms of law as a special regulator of social relations. From the point of view of the legislation on education in "educational services" the concept of "educational" is emphasized, and from the point of view of civil law - the concept of "services".

For the consumer market, whose participants are connected by civil legal relations, the service provided, first of all, implies a paid basis, and consumers of services acquire a special status established by the Law of the Russian Federation "On Protection of Consumer Rights". Limiting factors matter here: firstly, the identity of the consumer (it can only be a citizen); secondly, the goal pursued by consumers when purchasing (ordering) services (it should not be related to the implementation of entrepreneurial activities); thirdly, the conditions under which these services are provided to consumers (only under a paid contract, i.e. for a fee).

In the field of education, the circle of consumers of educational services is not limited by the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On the Protection of Consumer Rights" (hereinafter referred to as the Law of the Russian Federation "On the Protection of Consumer Rights"). It can be both individuals and legal entities. There are also no restrictive requirements for the purposes of acquiring educational services. The goals may be related to the satisfaction of citizens of their personal needs, or they are focused on the needs of legal entities in connection with their entrepreneurial or other activities. Educational services are purchased on different terms - on a paid or budgetary basis, therefore, it is necessary to distinguish between the concepts of free and paid education.

In everyday life for the consumer, such words as “school”, “lyceum”, “gymnasium”, “institute”, “university” are sometimes combined in the general name “educational institution”, while the consumer usually does not think about a specific organizational and legal form of educational structure. In fact, this is a completely correct idea, if we consider it from the point of view of the commonality of the goals of the listed educational institutions. However, not every educational institution occupies the same legal position in the current education system. In the name of educational organizations, in addition to the name itself (for example, , secondary school No. 12; gymnasium No. 58; "College of Management", "Saratov State Academy of Law"), reflecting a specific individualization and nature of activity, there are such abbreviations as GOU, MOU, NOU, etc. It is these abbreviations that are the basis for the name of any educational organizations, since they indicate their organizational and legal form, on which the conditions of further education partly depend. In this regard, before approaching the specific choice of an educational institution, it is necessary to learn how to determine the essence (meaning) of its name. Let's try to figure out what the concept of "organizational-legal form" includes.

Under legal form understood:

The method of securing and using property by an economic entity;

The legal status of an economic entity and the purpose of its activities.

Economic entities are any legal entities, as well as organizations operating without forming a legal entity, and individual entrepreneurs.

The ways of securing and using the property of an economic entity are determined either by the entity itself (if it is an individual entrepreneur) or by its founder (if the entity is a legal entity or an organization without the rights of a legal entity) in accordance with established legal norms. According to civil law, property can be assigned to an economic entity on the basis of the right of ownership, economic management, operational management, or on other legal grounds (for example, on a leasehold basis).

Legal status (legal status) of an economic entity – this is a legally fixed position of the subject in society, characterized and determined by the totality of rights and obligations, responsibilities and powers arising from legislative and other normative acts.

Based on the objectives of the activities carried out, economic entities that are legal entities are divided into:

For commercial organizations - organizations for which profit generation and the ability to distribute it among participants is the main goal of the activity;

Non-profit organizations are organizations whose main purpose is not to extract profit and distribute it among the participants, but to satisfy the intangible needs of citizens.

Legal entities that are commercial organizations, can be created in the form of business partnerships and companies, production cooperatives, state and municipal unitary enterprises.

Legal entities that are non-profit organizations, can be created in the form of consumer cooperatives, public or religious organizations (associations), institutions, charitable and other foundations, as well as in other forms provided by law (non-profit partnerships, autonomous non-profit organizations, etc.). Non-profit organizations can carry out entrepreneurial activities only in so far as it serves to achieve the goals and objectives for which they were created.

To the above, it should be added that legal entity is understood as an institution, enterprise or organization that has independent civil rights and obligations and is characterized by the following distinctive features:

organizational unity;

Ownership, economic management or operational management of separate property;

Independent property liability for its obligations;

Participation in civil circulation on its own behalf;

The presence of a settlement or other financial account in a bank, an independent balance sheet and estimates;

Participation in the trial as a plaintiff and defendant.

Individual entrepreneurs individuals are recognized (citizens of the Russian Federation, foreign citizens and stateless persons) registered in accordance with the established procedure and carrying out entrepreneurial activities without forming a legal entity. Individual entrepreneurs also include private notaries, private security guards, private detectives.

When it comes to an educational institution of one kind or another, you need to know the following. The main goal of any educational organization is to satisfy the non-material needs of citizens, expressed in two main functions: education and training. In this regard, educational institutions can operate only as non-profit organizations. In most cases, educational organizations are created in the form of an institution .

The Federal Law on Higher and Postgraduate Professional Education dated November 3, 2006 No. 175-FZ amended the Law of the Russian Federation dated July 10, 1992 No. 3266-1 "On Education" (hereinafter - the Law of the Russian Federation "On Education"), Federal the law of December 8, 1995 “On non-commercial organizations”, the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) and a number of other regulatory legal acts. In particular, in accordance with paragraph I, 2 Art. 120 of the Civil Code of the Russian Federation, institutions are now divided into the following types:

Private (created by citizens or legal entities);

State (created by the Russian Federation and (or) subjects of the Russian Federation);

Municipal (created by municipalities).

Under private institution is understood as a non-profit organization created by the owner (citizen or legal entity) to carry out managerial, socio-cultural or other functions of a non-profit nature (clause 1, article 9 of the Federal Law "On Non-Profit Organizations"). State And municipal institutions in turn, they can be budgetary or autonomous. The concept of a budgetary institution is not new; it was previously enshrined in paragraph 1 of Art. 161 of the Budget Code of the Russian Federation, however, the Federal Law of November 3, 2006 No. 175-FZ specified the content of this concept: state-owned enterprises and autonomous institutions endowed with state or municipal property on the basis of the right of operational management cannot be recognized as budgetary institutions. An autonomous institution is a non-profit organization established by the Russian Federation, a constituent entity of the Russian Federation or a municipality to perform work, provide services in order to exercise the powers of state authorities provided for by the legislation of the Russian Federation, the powers of local governments in the fields of science, education, healthcare, culture, social protection, employment population, physical culture and sports (clause 1, article 2 of the Federal Law "On Autonomous Institutions").

To carry out their activities, educational institutions have the right to choose any other organizational and legal form, which is provided for by civil law for non-profit organizations.

Educational institution is a non-profit organization created with the aim of implementing an educational process aimed at educating and educating citizens through the implementation of established educational programs. The official definition of an educational institution is formulated in Art. 12 of the Law of the Russian Federation "On Education".

The type of an educational institution is determined depending on who is its founder. The founders of educational institutions can be:

State authorities of the Russian Federation (subjects of the Russian Federation), local governments;

Domestic and foreign organizations of any form of ownership, their associations (associations and unions);

Domestic and foreign public and private foundations;

Public and religious organizations (associations) registered on the territory of the Russian Federation;

Citizens of the Russian Federation and foreign citizens.

The composition of the founders of an educational institution may be limited in two cases. First, institutions implementing military professional programs can only be created by the Government of the Russian Federation. Secondly, special educational institutions of a closed type for children and adolescents with deviant (socially dangerous) behavior can only be created by the federal executive authorities of the Russian Federation and (or) subjects of the Russian Federation.

Currently, there are three main types of educational institutions:

State (federal or administered by a constituent entity of the Russian Federation);

Municipal;

Non-state (private; institutions of public and religious organizations (associations)).

Public authorities of the Russian Federation, subjects of the Russian Federation, or local self-government bodies may act as founders of state and municipal educational institutions. The property of state and municipal educational institutions (both budgetary and autonomous) is owned by a state authority of the Russian Federation (a constituent entity of the Russian Federation, a local self-government body). Financing of the activities of budgetary educational institutions is fully or partially carried out from the relevant budget or the state non-budgetary fund on the basis of an estimate of income and expenses. The amount of allocated funds is determined according to the funding standards, based on the calculation of the cost per pupil or student, as well as on a different basis. The owner of a budgetary educational institution exercises direct control over the use of funds in accordance with the established budget. In the name of budgetary educational institutions there are abbreviations GOU (state educational institution) or MOU (municipal educational institution).

The property that the owner allocates to a state or municipal educational institution is assigned to it on the basis of the right of operational management. Under operational management means the right to own, use and dispose of property for its intended purpose, within the limits established by law, in accordance with the goals of the activity and the tasks defined by the owner. Budgetary educational institutions are not entitled to alienate or otherwise dispose (sell, lease, pledge, etc.) the property assigned to it, as well as property acquired at the expense of funds allocated to it by the owner according to the estimate. However, if a budgetary educational institution is granted the right to carry out income-generating activities, then the income received from such activity, as well as the property acquired at the expense of these incomes, come to the independent disposal of the institution and are accounted for on a separate balance sheet.

The activities of budgetary state and municipal educational institutions are regulated by model regulations, which are approved by the Government of the Russian Federation. In accordance with these provisions, budgetary educational institutions develop their charters. Charter- this is one of the types of constituent documents on the basis of which a legal entity operates. The requirements for the charters of educational institutions are listed in Art. 13 of the Law of the Russian Federation "On Education".

Since the Federal Law of November 3, 2006 No. 175-FZ has been in force relatively recently, it is still too early to talk about the existence of autonomous educational institutions (as one of the possible types of state and municipal educational institutions). However, it is worth noting that autonomous institutions, despite a certain similarity with budget ones, have a number of some differences. Thus, in particular, the founder sets tasks for the autonomous institution in accordance with the main activity provided for by its charter. The autonomous institution carries out activities in accordance with these tasks and obligations to the insurer for compulsory social insurance, partially for a fee or free of charge. Financial support for the activities of autonomous institutions is carried out in the form of subventions and subsidies from the relevant budget of the budgetary system of the Russian Federation and other sources not prohibited by federal laws. The income of an autonomous institution shall be at its independent disposal and used by it to achieve the goals for which it was created, unless otherwise provided by law. Every year, an autonomous institution is obliged to publish reports on its activities and on the use of property assigned to it in the manner established by the Government of the Russian Federation and in the media determined by the founder of the autonomous institution. It is likely that autonomous educational institutions will appear in Russia in the near future.

Non-state educational institutions (NOU), as well as budget ones, they are non-profit organizations, and can be created in the organizational and legal forms that are provided for them by the civil legislation of the Russian Federation. The founders of non-state educational organizations, as a rule, are state higher educational institutions (for example, universities and academies), as well as institutions of public and religious organizations (associations) and individuals. In most cases, non-state educational organizations are created in the form of private institutions (NOE), however, in recent years, such an organizational form as an autonomous non-profit organization (ANO) has also become widespread. Education in NEI and ANO, as a rule, is carried out on a paid basis. The right of non-state educational institutions to charge students and pupils for educational services (including for training within state educational standards) is enshrined in paragraph 1 of Art. 46 of the Law of the Russian Federation "On Education". The paid educational activities of the NOU are not considered entrepreneurial if the income received from it is fully used to reimburse the costs of providing the educational process (including wages), its development and improvement in this educational institution.

Like budgetary educational institutions, NEIs and ANOs carry out their activities on the basis of charters. Standard provisions, which are mandatory for public educational institutions and MOUs, serve as exemplary ones for non-state educational institutions. Unlike budgetary institutions, non-state educational organizations can be owners of property in accordance with the legislation of the Russian Federation (clause 5, article 39 of the Law of the Russian Federation "On Education"). However, the issue of ownership of the NOU property causes conflicting opinions that arise in connection with the application of the norms of paragraph 2 of Art. 48 of the Civil Code of the Russian Federation. This part of the Code states that the founders have the right of ownership to the property of the institution, therefore, a non-state educational organization established in the form of an institution cannot own this property on the basis of the right of ownership. It seems that the norms of the Civil Code of the Russian Federation in this case take precedence over the norms of the Law of the Russian Federation "On Education", since in paragraph 5 of Art. 39 of this Law contains a reference to compliance with the legislation of the Russian Federation. The property transferred to the ANO by its founders (founder), unlike the institution, is the property of an autonomous non-profit organization. The founders of an autonomous non-profit organization do not retain the rights to the property that they transfer into ownership (clause 1, article 10 of the Federal Law "On Non-Profit Organizations").

Educational institutions, being non-profit organizations, have the right to carry out entrepreneurial and other income-generating activities, but only in cases provided for by applicable law. At the same time, all types of activities carried out by educational institutions must be reflected in their charters. Thus, in particular, educational institutions have the right to:

Trade in purchased goods, equipment;

Provision of intermediary services;

Equity participation in the activities of other institutions (including educational ones) and organizations;

Acquisition of shares, bonds, other securities and receipt of income (dividends, interest) on them;

Conducting income-generating other non-sales operations that are not directly related to own production of products, works, services provided for by the charter and with their implementation;

Renting out property.

Educational institutions have the right to open branches (branches or other structural units), which can fully or partially exercise the powers of a legal entity, i.e. also lead the educational process. Branches act on behalf of the institution that created them (since they are not legal entities), act on the basis of the charter of the educational institution and the regulations on the branch, and their heads - on the basis of a power of attorney issued by the parent educational institution. A specific list of branches, departments, other structural units must be indicated in the charter of the educational institution.

The type of educational institution is determined in accordance with the level and focus of the educational programs it implements. Today we can talk about the existence of the following types of educational institutions:

preschool;

General education (primary general, basic general, secondary (complete) general education);

Primary vocational education;

Secondary vocational education;

Higher professional education;

Postgraduate professional education;

Additional adult education;

For orphans and children left without parental care (legal representatives);

Special (correctional) (for students, pupils with developmental disabilities);

Other institutions carrying out the educational process.

The first five types of educational institutions are the main and most common, in this regard, we will briefly consider some of their features.

Preschool educational institutions (DOE) - this is a type of educational institution that implements general educational programs of preschool education of various kinds. The main tasks of preschool educational institutions are: ensuring the upbringing and early education of children; ensuring the protection and strengthening of the physical and mental health of children; ensuring the development of individual abilities of children; implementation of the necessary correction of deviations in the development of children; interaction with the family to ensure the full development of the child.

Traditionally, preschool educational institutions meet the needs of children aged 3-7 years. The nursery-garden is intended for visiting by children of 1-3 years old, and in some cases - from 2 months to a year. Preschool educational institutions, in accordance with their focus, are divided into five main types

Kindergarten of a general developmental type- with the priority implementation of one or more areas of development of pupils (intellectual, artistic and aesthetic, physical, etc.).

Kindergartens and kindergartens of a general developmental type are traditional preschool educational institutions in which the main programs of preschool education are implemented in accordance with established state standards. The main goal of the implementation of these educational programs is the intellectual, artistic, aesthetic, moral and physical development of young children. Depending on the capabilities of a particular preschool institution (material and technical equipment, educational and pedagogical staff, etc.), they can carry out not only traditional educational programs of education and training, but also select any other priority educational areas (teaching drawing , music, choreography, language skills, foreign languages).

Compensatory Kindergarten- with the priority implementation of qualified correction of deviations in the physical and mental development of pupils.

Kindergartens of this type are specialized and are created for children with various disabilities in physical and (or) mental development (including deaf, hard of hearing and late deaf, blind, visually impaired and late blind children, children with severe speech disorders, with disorders of the musculoskeletal apparatus, with mental retardation, for mentally retarded and other children with developmental disabilities). Children with developmental disabilities can also be admitted to preschool educational institutions of any other type, provided there are conditions for corrective work. At the same time, admission is carried out only with the consent of the parents (legal representatives) at the conclusion of the psychological-pedagogical and medical-pedagogical commissions. Educational programs, methods (technologies) of education, correction and treatment in preschool educational institutions of this type are developed taking into account the specific specifics of the deviations in children. The material and technical equipment of such kindergartens is somewhat different from the usual ones, since these children need special care. For children, physiotherapy, massage, speech therapy and other rooms are being created; pools; phytobars and dietary canteens; special devices and equipment in groups, etc. The number of correctional groups and their occupancy in kindergartens of both compensatory and ordinary types are determined by the charter of the preschool educational institution, depending on the sanitary standards and conditions necessary for the implementation of the process of education, training and correction. As a rule, the maximum occupancy of the group (depending on the specific type) should not exceed 6-15 people.

Kindergarten supervision and rehabilitation- with the priority implementation of sanitary-hygienic, preventive and health-improving measures and procedures.

Such kindergartens are mainly designed for children under the age of three. The main attention is paid to sanitary and hygienic conditions, prevention and prevention of children's diseases. Health-improving and strengthening and basic educational and training activities are carried out.

Kindergarten of combined type. Children's educational institutions of this type may include general education, compensatory and recreational groups in various combinations.

Child Development Center- a kindergarten with the implementation of physical and mental development, correction and rehabilitation of all pupils.

In child development centers, the focus is on an individual approach to each child. The priority areas are the intellectual and artistic and aesthetic development of children: the development of personal motivation for knowledge and creativity; strengthening health and meeting the needs of children in physical education and sports. To implement the educational process and promote health in real educational institutions, gaming, sports and recreation complexes are being created; pools; computer classes. Art studios, children's theaters, various circles, sections can be organized - and all this within the framework of one child development center. In addition to educators, psychologists, speech therapists, and other specialists work with children. In such an institution, the child can stay both the whole day and a certain number of hours (attend any separate classes) - at the discretion of the parents.

Most kindergartens are municipal and/or state educational institutions. However, in recent years, many private (non-state) preschool educational institutions have appeared.

If parents believe that the standard set of offered educational services is sufficient for the child, as well as in the case of a difficult material family or for other reasons (for example, the choice of a preschool educational institution is limited), then it makes sense to place the child in a state or municipal preschool institution. The procedure for staffing a preschool educational institution is determined by the founder. In budgetary preschool educational institutions, children of working single parents, mothers of students, disabled people of groups I and II are accepted first of all; children from large families; children under guardianship; children whose parents (one of the parents) are in military service; children of the unemployed and forced migrants, students. The number of groups in such preschool educational institutions is determined by the founder based on their maximum occupancy, adopted when calculating the budget funding standard. As a rule, groups (depending on the type of group) should not contain more than 8-20 children.

In the case when parents have money and place increased demands on the organization of the educational and recreational process in kindergarten and an individual approach to the child, it is worth choosing a non-state (private) preschool institution. Such preschools have at their disposal swimming pools, sometimes saunas, large playrooms, expensive educational and playful material, superior sleeping rooms, the highest quality and extremely varied diet, as well as other benefits, the provision of which, of course, requires significant material costs. . The size of the groups usually does not exceed 10 people, and the ongoing educational programs are focused on more in-depth and varied education of children.

However, all the amenities listed above, as well as additional educational and educational programs, can currently be offered on a paid basis by state and municipal preschool institutions that have the right to provide additional paid educational and other services, subject to their licensing. As for the process of upbringing and education, in almost any preschool institution, the main comprehensive educational program established by law is taken as the basis. There are a lot of preschool educational programs and technologies at present, these are the programs: "Origins", "Rainbow", "Childhood", "Development", "Kindergarten-House of Joy", "Golden Key" and others. All of them are focused on the proper provision of upbringing and early education of children, the development of their individual characteristics. Thus, it is not at all necessary to look for a private kindergarten, but you can use the services provided by a state or municipal preschool educational institution for an additional fee. In any case, when choosing a preschool institution, one should take care of the interests of the child, taking into account his wishes, and not about satisfying his own ambitions in the prestige of the educational level provided to him. Those parents who prefer to raise and educate the child at home (personally or with the help of tutors who come teachers), you should seriously think about how right they are when making such a decision .. So that in the future, when adapting such a child to school life, there will be no problems, it is recommended that at least a short visit to kindergarten is recommended. After all, it is in a preschool institution that a child acquires communication skills with peers, learns to navigate in a group, and compare collective interests with his own. All this happens under the direct supervision of educators and teachers. No matter how high-quality home education is, it cannot fully give everything that a child could receive by attending kindergarten.

In addition to the actual preschool educational institutions, there are educational institutions for children of preschool and primary school age. In such institutions, both general educational programs of preschool education and programs of primary general education are implemented. Such educational institutions are created for children from 3 to 10 years of age, and in exceptional cases - from an earlier age. It can be:

Kindergarten - primary school;

Kindergarten of a compensating type (with the implementation of a qualified correction of deviations in the physical and mental development of pupils and students) - elementary school;

Progymnasium (with the priority implementation of one or several areas of development of pupils and students (intellectual, artistic and aesthetic, physical, etc.)). In pre-gymnasiums, children are prepared for entering the gymnasium

General educational institutions Depending on the levels of educational programs being implemented, they are divided into the following types.

Primary school– R It implements a general education program of primary general education (the normative term for mastering is 4 years). Primary school is the first (initial) stage of school education, where children acquire basic (fundamental) knowledge for further education - obtaining basic general education. The main tasks of institutions of primary general education are the upbringing and development of students, their mastery of reading, writing, counting, the basic skills of educational activities, elements of theoretical thinking, the simplest skills of self-control, a culture of behavior and speech, the basics of personal hygiene and a healthy lifestyle.

At present, the primary general education school is represented by three main state education systems: the traditional, developmental education system of L. V. Zankov and the developmental education system of D. B. Elkonin - V. V. Davydov. In educational institutions of the initial level, such experimental programs as Harmony, Primary School of the 21st Century, Perspective, School of Russia, etc. are being implemented. All of them are aimed at in-depth study of academic subjects and expanded intellectual and moral development of students.

Basic comprehensive school– implements general educational programs of basic general education (the standard term for mastering is 5 years - the second (main) stage of general education). The tasks of basic general education are to create conditions for the upbringing, formation and formation of the personality of the student, for the development of his inclinations, interests and ability for social self-determination. Basic general education is the basis for obtaining secondary (complete) general education, primary and secondary vocational education. Primary general education programs may be implemented in the basic general education school.

middle School of General education . - implements general educational programs of secondary (complete) general education (the standard term for mastering is 2 years - the third (senior) stage of general education). The tasks of secondary (complete) general education are the development of interest in learning and the creative abilities of the student, the formation of skills for independent learning activities based on the differentiation of learning. Secondary (complete) general education is the basis for obtaining primary vocational, secondary vocational (according to reduced accelerated programs) and higher vocational education.

In accordance with the Concept for the Modernization of Russian Education for the Period up to 2010, approved by Decree of the Government of the Russian Federation of December 29, 2001 No. 1756-r, the third stage of a general education school provides for specialized education, implemented through the creation of specialized schools. Profile training- this is a means of differentiation and individualization of education, which allows, due to changes in the structure, content and organization of the educational process, to take into account the interests, inclinations and abilities of students to the fullest extent, create conditions for teaching high school students in accordance with their professional interests and intentions in relation to continuing education. Profile training is aimed at the implementation of a student-centered educational process and the socialization of students, including taking into account the real needs of the labor market. Profile school- this is the main institutional form of realization of the goal of specialized education. In the future, other forms of organizing specialized education are envisaged, including those that lead the implementation of relevant educational standards and programs beyond the walls of a separate general education institution. For the most effective implementation of the process of profile education, direct contact of the profile school with institutions of primary, secondary and higher professional education is envisaged.

The preliminary stage for the introduction of profile education is the beginning of the transition to pre-profile education in the last (9th) grade of the main stage of general education.

In secondary general education schools, educational programs of primary general and basic general education can also be implemented.

Secondary school with in-depth study of individual subjects- implements general educational programs of secondary (complete) general education, providing additional (in-depth) training of students in one or more subjects. Can implement educational programs of primary general and basic general education. The main task of such schools (sometimes they are called special schools) is teaching (in addition to the main educational subjects) within the framework of a narrow specialization in a particular subject (subjects). This significantly distinguishes special schools from gymnasiums and lyceums, which offer a wide range of additional academic disciplines. For the most part, these are sports special schools, schools with in-depth study of foreign languages ​​and physics and mathematics schools.

Gymnasium- general educational programs of basic general and secondary (complete) general education are being implemented, providing additional (in-depth) training of students, as a rule, in humanitarian subjects. Significant attention is paid to the study of foreign languages, cultural and philosophical disciplines. Gymnasiums can implement general educational programs of primary general education. In most cases, children with increased motivation for learning study in gymnasiums. Gymnasium classes can also be organized in ordinary general education schools.

Lyceum- an educational institution that implements general educational programs of basic general and secondary (complete) general education. In lyceums, an in-depth study of a group of subjects in a specific profile (technical, natural science, aesthetics, physics and mathematics, etc.) is organized. Lyceums, like gymnasiums, can implement general education programs of primary general education. Lyceums are designed to create optimal conditions for the moral, aesthetic, physical development of students with established interests in choosing a profession and further education. Lyceums widely practice individualized curricula and plans. Lyceums can be created as independent educational institutions, or they can function as lyceum classes of ordinary general education schools, cooperating with higher educational institutions and industrial enterprises. Currently, some lyceums have the status of experimental educational institutions with author's models and teaching technologies.

Institutions of primary vocational education. More recently, in our country, negligent students were frightened: “If you study poorly, if you don’t take up your mind, you will go to vocational school!” At the same time, this "horror story" was more than real. After graduating from basic school, teenagers from disadvantaged families (underachievers and others like them) “went” straight to vocational technical schools (vocational schools), where they were instilled with work skills and tried to raise “pedagogically neglected” children as worthy citizens of our society. Since school graduates often received a "ticket" to vocational schools, not of their own free will, they studied through the sleeves - only a small part of vocational school students after graduating from college found a job in their specialty. Because of this, these educational institutions did not have the best reputation, and the percentage of vocational school graduates retained in the workplace barely exceeded 50%. However, time does not stand still, and, as statistics show, at present the percentage of employment in working specialties of this group of young people is approaching 80%. And given that unemployment in Russia is still very high, then it is worth considering what is better: higher education from scratch (immediately after high school) and the possible status of the unemployed upon completion of studies at the university or a diploma of a vocational school graduate, guaranteed earnings, work experience and the possibility of further education? Working specialties have always been needed, and today, when a significant part of the younger generation dreams of becoming businessmen and managers, looking for easy ways to earn money, the need for qualified workers is only increasing.

The main goal of primary vocational education institutions is to train qualified workers (workers and employees) in all main areas of socially useful activity on the basis of basic general and secondary (complete) general education. It should be noted that such a formulation of the main goal of primary vocational education is somewhat outdated. At present, it can be formulated in a new way - the maximum satisfaction of the needs of all sectors of the domestic economy by qualified professional workers and specialists.

Initial vocational education is a good start for continuing education in the chosen specialty or obtaining a new one with the already existing baggage of professional knowledge and practical labor skills.

Primary vocational education institutions include:

Professional institute;

Professional Lyceum;

Training and course combine (point);

Training and production center;

Technical School;

Evening (shift) school.

Vocational schools(construction, sewing, electrical, communications, etc.) - the main type of primary vocational education institution, which provides the most massive training of qualified professional workers and specialists. The normative terms of training are 2-3 years (depending on the level of education upon admission, the chosen specialty, profession). On the basis of vocational schools, innovative methods can be developed and implemented in the field of primary vocational education in the relevant profile of training qualified personnel, providing a high level of vocational education and training, satisfying the needs of the individual and production.

Professional lyceums(technical, construction, commercial, etc.) is a center of continuing professional education, which, as a rule, provides intersectoral and interregional training of qualified specialists and workers in complex, science-intensive professions. In vocational lyceums one can get not only a specific profession of an advanced level of qualification and complete a secondary (complete) general education, but also, in some cases, acquire a secondary vocational education. This type of institution is a kind of support center for the development of primary vocational education, on the basis of which scientific research can be carried out to improve the content of the educational process, educational and program documentation, which ensure the training of competitive personnel in the conditions of market relations.

Training course complex (point), training and production center, technical school(mining and mechanical, nautical, forestry, etc.), evening (shift) school carry out the implementation of educational programs for retraining, advanced training of workers and specialists, as well as training workers and specialists of the appropriate skill level in an accelerated form of training.

In addition to the fact that education in budgetary (state and municipal) institutions of primary vocational education is free, their students are guaranteed scholarships, places in dormitories, preferential or free meals, as well as other types of benefits and material assistance in accordance with the competence of the educational institution and current regulations. .

Educational institutions of secondary vocational education (secondary specialized educational institutions). The main goals and objectives of the activities of educational institutions of secondary vocational education are:

Training of mid-level specialists on the basis of basic general, secondary (complete) general or primary vocational education;

Satisfying the needs of the labor market (taking into account the industry needs of the economic sector) in specialists with secondary vocational education;

In the presence of an appropriate license, educational institutions of secondary vocational education may implement educational programs of primary vocational education and additional professional educational programs of secondary vocational and primary vocational education.

Secondary specialized educational institutions include a technical school and a college.

Technical school (school)(agricultural, hydro-reclamation technical school; river, pedagogical school, etc.) - implements the main professional educational programs of secondary vocational education at the basic level.

College(medical, economic, etc.) - implements the main professional educational programs of secondary vocational education of basic and advanced levels.

In technical schools and colleges, vocational training is carried out at a more complex level than in institutions of primary vocational education, and, accordingly, it is much more difficult to enter them. The main professional educational programs of secondary vocational education can be mastered in various forms of education, differing in the volume of classroom studies and the organization of the educational process: full-time, part-time (evening), correspondence forms or in the form of an external student. A combination of different forms of education is allowed. The normative terms of training in educational programs of secondary vocational education are established by the state educational standard of secondary vocational education. As a rule, training lasts 3-4 years. If necessary, the terms of study for specific educational programs of secondary vocational education can be increased in comparison with the standard terms of study. The decision to increase the duration of training is made by the state authority or local government in charge of the secondary specialized educational institution. For persons with initial vocational education of the appropriate profile, secondary vocational or higher vocational education, or another sufficient level of previous training and (or) abilities, training is allowed under reduced or accelerated educational programs of secondary vocational education, the procedure for the implementation of which is established by the federal education authority.

A large number of graduates of educational institutions of secondary vocational education receive a sufficiently high theoretical level of knowledge, skills and abilities, which allows them to work in their specialty for several years without receiving higher professional education. In some cases, a diploma of secondary specialized education gives the right to receive higher professional education (as a rule, in the same specialty, but at a higher level) in a shorter period (up to three years). Students of secondary vocational institutions can combine work with study, and if education of this level is acquired for the first time, and the educational institution has state accreditation, they can use the benefits established by the labor legislation of the Russian Federation (study leave, free travel to the place of study, etc.).

By the way, this rule also applies to students of educational institutions of primary vocational education. Full-time students who receive secondary vocational education at the expense of budgetary funds are provided with scholarships in the prescribed manner. A secondary specialized educational institution, within the limits of available budgetary and extrabudgetary funds, independently, in accordance with the legislation of the Russian Federation, develops and implements measures of social support for students, including establishing scholarships and other social benefits and benefits depending on their financial situation and academic success. For success in the development of educational programs, in experimental design and other work, various forms of moral and material incentives are established for students. Students in need of living space are provided with places in a hostel if there is an appropriate housing stock of a secondary specialized educational institution.

Educational institutions of higher professional education (higher educational institutions). It makes no sense to talk specifically about the priority of higher education, since it was, is and always will be. The development of a market economy, scientific and technological progress dictate new requirements, which cannot be met without a high level of education. In recent years, it has become the norm to have two or more higher educations.

The problem of obtaining a higher education is solvable, the only question is its quality. Of course, you can buy a diploma of graduation from a particular university, such services, unfortunately, take place now, but it is impossible to acquire true knowledge for a fee without the due desire of the student himself and the corresponding efforts of a higher educational institution.

The goals and objectives of educational institutions of higher professional education are:

Training and retraining of specialists of the appropriate level on the basis of secondary (complete) general, secondary vocational education;

Meeting the needs of the state in qualified specialists with higher education and scientific and pedagogical personnel of the highest qualification;

Training, retraining and advanced training of specialists and managers;

Organization and conduct of fundamental and applied scientific research and other scientific and technical, experimental design work, including on educational issues;

Satisfying the needs of the individual in deepening and expanding education.

In accordance with the legislation of the Russian Federation on education, the following types of higher educational institutions are established: institute, university, academy . These higher educational institutions (each in accordance with its own specifics) implement educational programs of higher professional education; educational programs of postgraduate professional education; carry out training, retraining and (or) advanced training of employees for a certain area of ​​professional, scientific and scientific-pedagogical activity. On the base universities And academies university and academic complexes may be created that unite educational institutions that implement educational programs at various levels, other institutions and non-profit organizations or structural divisions separated from them. Higher educational institutions of any kind (including their branches) may implement educational programs of primary general, basic general, secondary (complete) general, primary and secondary vocational education, as well as additional vocational education if they have the appropriate license.

State registration and licensing. In order to start carrying out its activities, any educational organization must, first of all, obtain the status of a legal entity. This status arises from the moment of state registration and is confirmed by a certificate of state registration as a legal entity. State registration of legal entities - this is an act of the authorized federal executive body, carried out by entering into the Unified State Register of Legal Entities information on the creation, reorganization and liquidation of legal entities, as well as other necessary information about legal entities.

The procedure for registration of legal entities is established by the Federal Law of August 8, 2001 No. 129-FZ “On State Registration of Legal Entities and Individual Entrepreneurs”. The authorized body, within the time limits established by this law, registers an educational institution, of which it notifies the applicant, financial authorities and the relevant state education authority in writing. The certificate of state registration indicates:

Full and abbreviated name of the legal entity (indicating the legal form);

Main state registration number;

Date of registration;

Name of the registering authority.

From the moment of state registration as a legal entity, an educational institution has the right to carry out financial and economic activities provided for by its charter and aimed at preparing the educational process.

State registration is only the first step on the way of an educational institution to the implementation of its main goal of activity - the implementation of the educational and educational process. The right to educational activities arises only from the moment of obtaining the appropriate license.

Licensing of an educational institution is carried out in accordance with the Regulations on the licensing of educational activities, approved by the Decree of the Government of the Russian Federation of October 18, 2000 No. 796). According to paragraph 1 of this Regulation, the activities of educational institutions implementing programs are subject to licensing:

preschool education;

General (primary, basic, secondary (complete) education);

Additional education of children;

professional training;

Professional (primary, secondary, higher, postgraduate, additional) education (including military professional education).

The license is also required for scientific organizations and educational departments of organizations involved in vocational training.

Without a license, educational institutions have the right to provide educational services that are not accompanied by final certification and the issuance of documents on education and (or) qualifications. These services include: one-time lectures; internships; seminars and some other types of training. Licensing is not subject to individual labor pedagogical activity, including in the field of vocational training.

A license for the right to carry out educational activities is issued by the authorized executive body, based on the conclusion of the expert commission. Licenses for the right to conduct educational activities to educational institutions of religious organizations (associations) are issued on the proposal of the leadership of the relevant denomination. The expert commission is created by the authorized executive body, at the request of the founder, and carries out its work within a month. An examination is necessary in order to determine the compliance of the conditions for the implementation of the educational process with established state and local requirements and regulations (for example, sanitary and hygienic standards; conditions for protecting the health of students, pupils and employees and other requirements). The subject of licensing expertise is not: the content, organization and methods of the educational process.

The license issued to an educational institution must indicate:

Name of the authority that issued the license;

Registration number of the license and the date of the decision to issue it;

Name (indicating the legal form) and location of the licensee;

taxpayer identification number (TIN);

The term of the license.

The license must necessarily contain an application where such data are recorded as:

The list of educational programs, directions and specialties of training, for which the right to conduct educational activities is granted, their level (steps) and focus, standard terms of development;

A qualification that will be awarded upon completion of education to graduates by an educational institution that has a certificate of state accreditation;

Control standards and the maximum number of students, pupils, calculated in relation to the standards of full-time education.

It should be remembered that in the absence of such an application, the license is invalidated.

Certification and state accreditation. With the receipt of a license, the second stage of the legislative registration of educational activities is completed. The next steps are certification and state accreditation of the educational institution. Under attestation the form of state-public control over the quality of education in educational institutions is understood. Certification is carried out in order to establish the compliance of the content, level and quality of graduate training with the requirements of state educational standards. The unified procedure for attestation and state accreditation of educational institutions (of all kinds and types) is determined by the Law of the Russian Federation "On Education", as well as the Regulation on the procedure for attestation and state accreditation of educational institutions, approved by order of the Ministry of Education of the Russian Federation dated May 22, 1998 No. 1327. Certification is carried out according to the application of the educational institution by the state attestation commission, as a rule, once every five years. The first attestation of a newly created educational institution is carried out after the first graduation of students, but not earlier than three years from the moment the educational institution receives the appropriate license. The condition for certification of an educational institution issuing a certificate of education is the positive results of the final certification of at least half of the graduates of the educational institution for three consecutive years. Certification of preschool educational institutions, educational institutions for orphans and children left without parental care (legal representatives), special (correctional) educational institutions for students, pupils with developmental disabilities, institutions of additional education, as well as newly created experimental educational institutions is carried out by the relevant state educational authority in the manner prescribed by the model regulations on these educational institutions. The form and procedure for certification, as well as certification technologies and certification criteria are determined by the certification body. A positive conclusion on attestation is a condition for an educational institution to receive state accreditation.

In order for an educational institution to have the right to issue state-recognized documents on the appropriate level of education to its graduates, as well as to use a seal depicting the State Emblem of the Russian Federation, it is necessary to go through the state accreditation procedure and obtain an appropriate certificate. State accreditation of an educational institution- this is a procedure for recognition by the state in the person of its state educational authorities state status of an educational institution(type, type, category of educational institution, determined in accordance with the level and focus of educational programs being implemented). State accreditation of educational institutions is carried out by authorized executive bodies on the basis of an application from an educational institution and a conclusion on its certification.

State accreditation of an educational institution is the final, most important stage on the way to official consolidation and recognition of educational activities. The certificate of state accreditation of an educational institution confirms its state status, the level of educational programs being implemented, the compliance of the content and quality of training of graduates with the requirements of state educational standards, the right to issue state documents to graduates on the appropriate level of education. The certificate of state accreditation issued to preschool educational institutions and institutions of additional education for children confirms the state status of the relevant educational institution, the level of educational programs it implements, and the category of this educational institution. Educational institutions can receive public accreditation in various Russian, foreign and international public educational, scientific and industrial structures. Such accreditation does not entail additional financial obligations on the part of the state.

The certificate of state accreditation shall indicate:

Name of the authority that issued the certificate;

Registration number of the certificate;

Date of issue of the certificate;

Full name (indicating the legal form);

Type and type of educational institution;

Location (legal address) of the educational institution;

The validity period of the certificate itself.

The certificate of state accreditation must have an annex (without which it is invalid), which indicates:

Accredited educational programs (basic and additional) of all levels of education implemented by an educational institution;

Validity period of state accreditation for each implemented educational program;

Qualifications (degrees) that will be awarded to graduates of an educational institution;

Names and location of branches (departments) (if any);

List of accredited programs implemented in each branch (department).

Branches (departments) of educational institutions must also undergo licensing, attestation and state accreditation procedures in accordance with the general procedure established for educational institutions by the Law of the Russian Federation "On Education". Branches (departments) undergo attestation and licensing independently (with obtaining a separate license). State accreditation of branches (departments) is carried out as part of the basic educational institution. Branches of an educational institution that implements the educational program (educational programs) in full through distance learning technologies (with the exception of some classes) in these branches have the right to undergo certification and state accreditation as part of the educational institution, of which they are separate structural divisions.

Familiarization of the consumer with the charter (regulations) of an educational institution, a license for the right to conduct educational activities, with a certificate of state accreditation and other documents confirming the status of the institution and regulating the organization of the educational process is legal consumer right.

In practice, the question often arises whether the procedures for licensing, attestation and state accreditation are mandatory for organizations engaged in educational activities.

Obtaining a license for the right to carry out educational activities, as already discussed above, is mandatory if an educational institution provides services accompanied by final certification and the issuance of documents on education and (or) qualifications. An organization carrying out educational activities without a license may be held administratively liable under Part 1 of Art. 19.20 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) “Carrying out activities not related to making a profit without special permission (license), if such permission (such license) is mandatory (mandatory)”). This offense entails the imposition of an administrative fine on the educational institution in the amount of 100 to 200 times the minimum wage (minimum wage).

State accreditation and certification are not mandatory, but their absence deprives the educational institution and persons intending to receive (receive) education in an unaccredited institution, a number of very significant opportunities:

The right to issue state-recognised education documents to their graduates;

The right to use a seal depicting the State Emblem of the Russian Federation;

The right to enter (transfer) to study at accredited universities without passing their preliminary certification in the form of an external student at an accredited university;

The rights of citizens who combine work with education (applicants or students) and receive secondary and (or) higher professional education for the first time in non-accredited educational institutions, to the guarantees and compensation provided for them by the Labor Code of the Russian Federation (this condition also applies to citizens studying in evening (replaceable) educational institutions that have not passed state accreditation);

Grounds for granting a deferment for military service in accordance with par. 1 sub. "a" paragraph 2 of Art. 24 of the Federal Law of March 28, 1998 No. 53-FZ "On military duty and military service."

State accreditation and certification of an educational institution is not only a fixed state status, it is a confirmation of the level, content and quality of educational programs to the requirements of state educational standards. Do you want to get a quality education, benefits, guarantees and compensations established by the legislation of the Russian Federation? Pay attention to whether the educational institution has documents confirming that it has passed state accreditation and attestation. At the same time, familiarize yourself not only with the certificate of state accreditation, but also with its application, because it determines the list of accredited educational programs and qualifications (degrees) that will be awarded upon graduation from the educational institution. And in no case do not fall for the trick of non-state educational organizations, motivating their lack of state accreditation and attestation by referring to their organizational and legal form.

There are a number of factors to consider when choosing an educational institution.

Firstly, remember that the relationship between a preschool educational institution (regardless of its type) and parents (legal representatives) is governed by an agreement between them, which cannot limit the rights of the parties established by law.

Secondly When choosing a kindergarten or school for your child, as well as a vocational education institution, be aware that the prestige of education and its quality are not identical concepts. The high cost of educational services does not guarantee high quality, and the prestige of an educational organization can only be a well-planned and successfully carried out year after year advertising campaign.

Third When deciding on the choice of an elementary school for your child, it is useful to ask what kind of teacher will carry out the process of education and training, as well as to find out about his professional level, teaching experience, personal qualities, age (this also matters!). There is no need to think that the desire to be informed will be considered immodest and (or) excessive curiosity - this is a normal phenomenon, because the success of the child's education, his adaptation to school largely depends on the personality of the teacher, his professionalism, ability to find an individual approach.

Fourth, sources of information about educational institutions can be:

Printed media - specialized guides, manuals, newspapers and magazines, brochures, booklets;

Internet;

Television, radio;

Specialized exhibitions and educational fairs;

Territorial educational authorities (consumers sometimes simply do not know that this source can also provide relevant information);

Acquaintances, or other persons who studied (study) in the educational institution about which you need to get information;

Other sources.

Fifth it is desirable not only to perceive information by ear, to assimilate what is read, but also to have your own idea of ​​​​an educational institution through direct visual acquaintance with it. Any details matter: in which microdistrict the educational institution is located; what is the transport accessibility to it; what is located on the adjacent territory and what condition it is in (this is especially important when choosing kindergartens and schools); what classrooms (audiences), play and sleeping rooms (if it is a preschool educational institution), a library, a gym, a dining room look like; what material and technical equipment the institution is equipped with; what is the state of the educational and gaming (for preschool educational institutions) and educational and methodological base. In addition, if an applicant needs housing for the period of study, it should be clarified whether this educational organization has a hostel and what are the living conditions in it.

At sixth , it is necessary to pay attention to the duration (term) of the activity of the educational institution and the status of its founder (this is of particular importance for private educational organizations).

Chapter 3. Organizations carrying out educational activities

Article 21. Educational activities

1. Educational activities are carried out by educational organizations, and in cases established by this Federal Law, by scientific organizations and other legal entities (hereinafter referred to as educational organizations). Educational activities are subject to licensing, unless otherwise provided by this Federal Law.

2. The right to carry out educational activities for the implementation of basic and additional general educational programs, vocational training programs, as well as activities for supervision and care, education is granted to an individual entrepreneur without forming a legal entity, including within the framework of individual pedagogical activities, subject to the requirements of the legislation of the Russian Federation Federation, presented for the implementation of educational activities in the specified educational programs.

Article 22. Creation, reorganization and liquidation of educational organizations

1. An educational organization is created in the form of an institution or an autonomous non-profit organization in the manner established by the civil legislation of the Russian Federation for a non-profit organization of the appropriate organizational and legal form. The authorized federal executive body carrying out state registration of legal entities, in the manner and within the time limits established by the legislation on state registration of legal entities, notifies the federal executive body exercising the functions of control and supervision in the field of education, or the executive body of the constituent entity of the Russian Federation, exercising the transferred powers of the Russian Federation on licensing educational activities, on state registration of an educational organization.

2. An educational organization, depending on who created it, is state, municipal or private. A state educational organization is an educational organization created by the Russian Federation on the basis of property owned by the federal government, or by a constituent entity of the Russian Federation on the basis of property owned by this constituent entity of the Russian Federation. Municipal is an educational organization created by a municipality (municipal district or city district) on the basis of property owned by the respective municipality. Private is an educational organization created in accordance with the legislation of the Russian Federation by the owner (citizen (citizens) and (or) legal entity (legal entities, their associations)), with the exception of the Russian Federation, constituent entities of the Russian Federation and municipalities.

3. Educational organizations that implement educational programs in areas of training (specialties) in the field of defense and security of the state, law enforcement and law enforcement may be created only by the Russian Federation.

4. Educational organizations that implement educational programs for children and adolescents with deviant (socially dangerous) behavior (educational institutions) are created by the Russian Federation or a constituent entity of the Russian Federation.

5. An educational organization is reorganized and liquidated in the manner prescribed by the civil legislation of the Russian Federation, taking into account the specifics established by this Federal Law, unless this entails a violation of the constitutional rights of citizens in the field of education, including the rights of citizens to receive free education. The adoption by a federal executive body, an executive body of a constituent entity of the Russian Federation or a local self-government body of a decision on the reorganization or liquidation of a state and (or) municipal educational organization is not allowed without a preliminary expert assessment by this body of the consequences of the decision taken to ensure the rights of citizens to education, in the manner established by Article 95 of this Federal Law. Reorganization and liquidation of municipal educational organizations that implement basic general education programs and are located in rural areas is allowed only with the consent of the population of rural settlements served by this institution, expressed by the representative bodies of the relevant rural settlements, or by a gathering of citizens.

6. The creation, reorganization and liquidation of international (interstate) educational organizations is carried out in accordance with international treaties of the Russian Federation.

Article 23. Types of educational organizations

1. Educational organizations, in accordance with the educational programs they implement, are divided into types. 2. In the Russian Federation, the following types of educational organizations are established that implement the main educational programs:
1) preschool educational organization- the type of educational organization that carries out, as the main (statutory) type of activity, educational activities for the implementation of educational programs for preschool education and childcare;
2) educational organization- the type of educational organization that, as the main (statutory) type of activity, carries out educational activities for the implementation of educational programs of primary general, basic general and (or) secondary general education;
3) professional educational organization- the type of educational organization that carries out educational activities for the implementation of educational programs of secondary vocational education as the main (statutory) type of activity;
4) educational organization of higher education- the type of educational organization that carries out educational activities for the implementation of educational programs of higher education as the main (statutory) type of activity.

3. In the Russian Federation, the following types of educational organizations are established that implement additional educational programs:
1) organization of additional education- the type of educational organization that, as the main (statutory) type of activity, carries out educational activities for the implementation of additional general educational programs;
2) organization of additional professional education- the type of educational organization that carries out educational activities for the implementation of additional professional programs as the main (statutory) type of activity.

4. Educational organizations specified in parts 2 and 3 of this article have the right to carry out educational activities for the implementation of the following educational programs that are not related to the main educational activities:
1) preschool educational organizations- additional general developmental programs for children;
2) educational organizations- educational programs of preschool education, additional general education programs, vocational training programs;
3) professional educational organizations- basic and additional educational programs, with the exception of educational programs of higher education;
4) educational organizations of higher education– basic and additional educational programs;
5) organizations of additional education– educational programs of preschool education;
6) organization of additional professional education- training programs for scientific and pedagogical personnel, residency programs.

5. The type of educational organization is determined during its creation (reorganization) or renaming in accordance with the legislation on education and is fixed in the charter. The name of the educational organization must be determined in accordance with the requirements established by the legislation of the Russian Federation and contain an indication of the nature of its activities and the type of educational organization, taking into account its organizational and legal form.

6. Educational organizations within the same type can use special names in the name in accordance with the characteristics of the educational activities being carried out (levels and focus of educational programs, integration of various types of educational programs, special conditions for their implementation and (or) special needs of students), as well as additionally carried out functions related to the provision of education (maintenance, treatment, rehabilitation, correction, psychological and pedagogical support, boarding school, research, technological activities and others provided for by the legislation on education).

1. In the Russian Federation, in relation to educational institutions of higher education, the Government of the Russian Federation may establish the following categories: “federal university” and “national research university”. When establishing an educational organization of higher education of the category "federal university" or "national research university", the name of such an organization includes an indication of the established category.

2. Federal universities are created by the decision of the President of the Russian Federation by the Government of the Russian Federation in the form of an autonomous institution, including on the basis of educational institutions of higher education under the jurisdiction of the Russian Federation, and scientific organizations under the jurisdiction of federal executive authorities, state academies of sciences, their regional branches. When creating federal universities, the Government of the Russian Federation takes into account the proposals of the legislative and executive authorities of the constituent entities of the Russian Federation, prepared on the basis of programs for the socio-economic development of the constituent entities of the Russian Federation.

3. The development of federal universities is carried out within the framework of programs approved by the Government of the Russian Federation and providing for the conditions for implementation and criteria for evaluating the effectiveness of the educational process, the integration of educational and research activities, the modernization and improvement of the material and technical base and socio-cultural infrastructure, integration into the world educational space. The list of indicators and criteria for evaluating the effectiveness of federal universities in terms of ensuring a high level of the educational process, research and technological work are established by the federal executive body responsible for developing state policy and legal regulation in the field of education.

4. The category "national research university" is established by the Government of the Russian Federation of an educational organization of higher education for 10 years based on the results of the competitive selection of development programs for educational organizations of higher education aimed at staffing priority areas for the development of science, technology, technology, sectors of the economy, social sphere, development and introduction of high technologies into production. The regulation on the competitive selection of programs for the development of educational institutions of higher education (including the procedure and conditions for their financing) is approved by the Government of the Russian Federation. The list of indicators, criteria and periodicity for evaluating the effectiveness of the implementation of development programs for national research universities are established by the federal executive body responsible for developing state policy and legal regulation in the field of education. An educational organization of higher education, based on the results of evaluating the effectiveness of the implementation of development programs, may be deprived by the Government of the Russian Federation of the category "national research university".

Article 25

1. An educational organization operates on the basis of a charter approved in accordance with this Federal Law and other regulatory legal acts of the Russian Federation.

2. The charter of a civil educational institution to the extent not regulated by the legislation of the Russian Federation is approved by its founder.

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

4. In an educational organization, conditions must be created for familiarizing all employees and students with its charter.

Article 26. Management of an educational organization

1. The management of an educational organization is carried out in accordance with the legislation of the Russian Federation, taking into account the specifics established by this Federal Law, other regulatory legal acts of the Russian Federation.

2. The management of an educational organization is built on the basis of a combination of the principles of unity of command and collegiality.

3. The sole executive body of an educational organization is the head of the educational organization (rector, director, head, head or other head (administrator)), who directly manages the educational organization.

4. In educational organizations, in cases provided for by the legislation of the Russian Federation, this Federal Law and the charter of an educational organization, collegial management bodies are also formed to perform certain functions for managing an educational organization.

5. The collegiate governing bodies of an educational organization include a general meeting (conference) of employees of an educational organization, a council of an educational organization (academic council, a pedagogical council, a parent committee and (or) a student council), a board of trustees, a governing council, a supervisory board, other bodies provided for charter of the educational organization. These bodies carry out their activities in accordance with the legislation on education, the charter of the educational organization and the regulations on them, approved in the manner prescribed by the charter of the educational organization.

Article 27. Structure of an educational organization

1. Educational organizations are independent in the formation of their structure, unless otherwise provided by this Federal Law.

2. An educational organization may have in its structure various structural units that ensure the implementation of educational activities, taking into account the level, type and focus of educational programs being implemented, the form of education and the mode of stay of students, including branches, representative offices, departments, faculties, institutes, centers, departments, preparatory departments and courses, research, methodological and educational departments, laboratories, design bureaus, doctoral studies, educational and training workshops, clinical bases, educational and experimental farms, training grounds, training bases for practitioners, educational theaters, educational concert halls, artistic and creative workshops, libraries, physical culture and sports clubs, industrial and social infrastructure facilities, hostels, boarding schools, psychological and socio-pedagogical services that provide social rehabilitation for students who need it.

3. Structural divisions of an educational organization, including branches and representative offices, are not legal entities and act on the basis of the charter of the educational organization and the regulation on the relevant structural division, approved in the manner prescribed by the charter of the educational organization. A branch of an educational organization may not be endowed with functions for the implementation of educational activities. The implementation of educational activities in the representative office of an educational organization is prohibited.

4. Branches of federal state educational organizations are created and liquidated by the founder in agreement with the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.

5. The creation of branches of state educational organizations that are under the jurisdiction of a constituent entity of the Russian Federation, or municipal educational organizations on the territory of another constituent entity of the Russian Federation or a municipal formation, is carried out in agreement, respectively, with the executive authority of the constituent entity of the Russian Federation and the local government at the location of the branch.

6. A representative office of an educational organization is opened and closed by an educational organization.

7. The creation and liquidation of a branch (representative office) of an educational organization in the territory of a foreign state is carried out in accordance with the legislation of a foreign state at the location of the branch (representative office), unless otherwise established by international treaties of the Russian Federation. The financial and economic activities of the educational organization at the location of the branch (representative office) are carried out in accordance with the legislation of the foreign state on whose territory it is located.

Article 28. Competence, rights, duties and responsibilities of an educational organization

1. An educational organization is independent in carrying out educational, scientific, administrative, financial and economic activities, developing and adopting local regulations within the limits established by this Federal Law, other regulatory legal acts and the charter of an educational organization. Educational organizations are free to determine the content of education, the choice of educational and methodological support, teaching methods and educational technologies for the main educational programs they implement within the limits of federal state educational standards.

2. The competence of an educational organization in the established field of activity includes:

1) development of the charter of the educational organization;
2) establishment of a structure for managing the activities of an educational organization, staffing;
3) development and adoption of internal regulations for students of an educational organization, other local regulations;
4) material and technical support and equipment of the educational process, equipment of premises in accordance with state and local norms and requirements, including federal state educational standards and federal state requirements;
5) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;
6) selection, hiring of employees, conclusion of employment contracts with them, unless otherwise provided by this Federal Law; placement of personnel, distribution of duties; creation of conditions and organization of advanced training of pedagogical workers;
7) development and approval of educational programs of an educational organization;
8) the formation of a contingent of students, unless otherwise provided by the legislation on education;
9) determination of the list of textbooks in accordance with the approved federal lists of textbooks recommended or approved for use in the educational process in educational organizations with state accreditation and implementing educational programs of general education, as well as textbooks approved for use in the educational process in such educational organizations;
10) the implementation of ongoing monitoring of progress and intermediate certification of students, the establishment of their forms, frequency and procedure for conducting;
11) individual accounting of the results of mastering educational programs by students, as well as the storage in archives of data on these results on paper and (or) electronic media in the manner approved by the federal executive body responsible for developing state policy and legal regulation in the field of education ;
12) use and improvement of methods of the educational process and educational technologies, including distance learning technologies and (or) e-learning;
13) ensuring the functioning of the internal system for assessing the quality of education in an educational organization;
14) providing in an educational organization with a boarding school the necessary conditions for the maintenance of students;
15) creation in the educational organization of the necessary conditions for the work of departments of public catering organizations and medical organizations, control of their work in order to ensure the protection and promotion of the health of students and employees of the educational organization;
16) creation of conditions for physical culture and sports for students;
17) development and implementation of social support measures for students of an educational organization; 18) assistance in the activities in the educational organization of public (including children's and youth) organizations (associations) of students, parents (legal representatives of underage students), not prohibited by the legislation of the Russian Federation;
19) organization of scientific and methodological work, including organization and holding of scientific and methodological conferences, seminars, other mass events, assistance to the activities of teacher (pedagogical) and methodological associations;
20) ensuring the creation and maintenance of the official website of the educational organization on the Internet.

3. An educational organization has the right to conduct, in the established manner, scientific and other activities related to the provision of education and training, including opening camps during vacation time in the prescribed manner (with round-the-clock or daytime stay).

4. Educational organizations of higher education carry out fundamental and applied scientific research, as well as carry out scientific and technical activities, training of scientific personnel.

5. An educational organization has the right to assign on a contractual basis to third parties the organization of management, scientific, methodological, resource, production, information and technological support of educational activities, material and technical support and equipment of the educational process, equipment of educational premises, ensuring the needs of students, including in nutrition, medical care, provision of clothing, footwear, soft furnishings, other necessities, transportation, accounting and reporting, and other activities.

6. An educational organization is obliged to carry out its activities in accordance with the legislation on education, including:
1) ensure the full implementation of educational programs, compliance of the quality of training of students with the established requirements, compliance of the applied forms, methods and means of organizing the educational process with age, psychophysiological characteristics, inclinations, abilities, interests and needs of students;
2) create safe conditions for the education and maintenance of students in accordance with established standards, including ensuring the life and health of students and employees of an educational organization during the educational process;
3) respect the rights and freedoms of students and employees of the educational organization.

7. An educational organization is liable in accordance with the procedure established by the legislation of the Russian Federation for failure to perform or improper performance of the functions within its competence, for providing education of inadequate quality. The educational organization is obliged to compensate for the damage caused to the student by poor-quality education. For violation or illegal restriction of the right to education and the rights and freedoms of students provided for by the legislation on education, violation of the requirements for the implementation of educational activities and the organization of the educational process, an educational organization and its officials bear administrative responsibility in accordance with the Code of the Russian Federation on Administrative Offenses.

8. Direct control over the compliance of the activities of an educational organization with the goals provided for by its charter, its implementation of the legislation of the Russian Federation, the charter, as well as its educational, financial and economic activities, is carried out by the founder or the highest management body of the educational organization within its competence.

Article 29

1. Educational organizations form open and public information resources containing information about their activities, and provide access to such resources by posting them in information and telecommunication networks, including on the official website of the educational organization.

2. Educational organizations ensure openness and accessibility:
1) information about:
a) the date of establishment of the educational organization;
b) the structure of the educational organization;
c) ongoing educational programs indicating the number of students at the expense of the relevant budget of the budgetary system of the Russian Federation and under agreements with individuals and (or) legal entities with payment of tuition fees by them;
d) the language in which education and (or) education is conducted;
e) educational standards established by universities (if any);
f) the personal composition of the teaching staff, indicating the educational qualification, qualifications and work experience;
g) material and technical support and equipment of the educational process (including the availability of a library, sports facilities, teaching aids, food and medical care conditions, access to information systems and information and telecommunication networks);
h) electronic educational resources, access to which is provided to students;
i) areas of research activities and the basis for its implementation (for educational institutions of higher education);
j) the results of enrollment in each area of ​​training (specialty) of secondary vocational education (in the presence of entrance examinations) and higher education under various conditions of admission (to places financed from the appropriate budget of the budgetary system of the Russian Federation, under contracts with individuals and (or) legal entities with payment of tuition fees by them) indicating the average amount of points scored for all entrance examinations;
k) the number of vacancies for admission in each educational program (field of study (specialty)) (for places financed from the appropriate budget of the budgetary system of the Russian Federation, under agreements with individuals and (or) legal entities with payment of tuition fees by them);
l) the availability and conditions for providing scholarships and other types of social support to students;
m) the availability of a hostel (boarding school) and the number of places in the hostel (boarding school) for students from other cities;
n) receipt and expenditure of financial and material resources following the results of the financial year;

2) copies (photocopies):
a) the charter of the educational organization;
b) a document confirming the availability of a license to carry out educational activities (with attachments);
c) certificates of state accreditation (with attachments);
d) duly approved plan of financial and economic activities or budget estimates of the educational organization;
e) local regulations provided for by Part 2 of Article 30 of this Federal Law;

3) a report on the results of the last self-examination conducted in accordance with the procedure established by the federal executive body responsible for the development of state policy and legal regulation in the field of education;

4) the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, indicating the cost of paid educational services;
5) other information posted (published) by decision of the educational organization and (or) the placement (publication) of which is mandatory in accordance with federal laws.

3. The information and documents referred to in Part 2 of this Article, if they are not classified as state secrets in accordance with the legislation of the Russian Federation, shall be posted on the official website of the educational organization on the Internet and updated within thirty days from the date of the introduction of the relevant changes. The procedure for posting on the Internet and updating information about an educational organization, including the content and form of its presentation, is established by the Government of the Russian Federation.

Article 30

1. Educational organizations adopt local regulations containing the rules governing educational relations, within their competence in accordance with the legislation on education in the manner prescribed by its charter.

2. An educational organization adopts local regulations on all the main characteristics of the organization of the educational process, including establishing:
a) rules for the admission of students;
b) the mode of study of students;
c) the forms, frequency and procedure for monitoring progress and intermediate certification of students;
d) the procedure and grounds for the transfer, expulsion and reinstatement of students;
e) the procedure for regulating and formalizing the emergence of relations between the educational organization and students and (or) their parents (legal representatives).

3. When adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of the collegial management body of the educational organization, representing the interests of employees studying in this organization, is taken into account.

4. The norms of local regulations that worsen the situation of students or employees in comparison with the established legislation on education, or adopted in violation of the established procedure, are not subject to application.

Article 31. Organizations providing training

1. Organizations providing training are legal entities that carry out educational activities as an additional to their main activities. Organizations providing training include scientific organizations, organizations for orphans and children left without parental care, organizations providing treatment and (or) rehabilitation of children, and in the cases established by this article, also other legal entities, regardless of their organizational and legal form.

2. Scientific organizations have the right to carry out educational activities for the implementation of training programs for scientific and pedagogical personnel, residency programs, professional training programs and additional professional programs.

3. Organizations for orphans and children left without parental care, organizations providing treatment and (or) rehabilitation of children have the right to carry out educational activities for the implementation of basic and additional general educational programs, professional training programs.

4. Other legal entities, regardless of their organizational and legal form and form of ownership, have the right to carry out educational activities for the implementation of vocational training programs and additional educational programs.

5. For the implementation of educational activities by organizations providing training, a specialized structural educational unit is created in its structure. The activities of such a unit are regulated by a regulation developed and approved by the organization providing training in accordance with the legislation on education and the charter.

6. When carrying out educational activities, organizations providing training are guided by the legislation on education. They are subject to the rights, duties and responsibilities of educational organizations implementing the relevant educational programs.

Article 32

1. Individual pedagogical activity is an activity for the education, upbringing and development of students, carried out by an individual who has the appropriate educational qualification and qualification, outside of organizations engaged in educational activities.

2. Individual pedagogical activity is carried out according to basic and additional general education programs, vocational training programs by individuals registered as an individual entrepreneur in accordance with the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”. Individuals who, in accordance with the Labor Code of the Russian Federation, are not allowed to engage in pedagogical activities, are not entitled to engage in individual pedagogical activities.

3. Individual pedagogical activity is carried out without a license.

4. Before the start of the provision of educational services, a person engaged in individual pedagogical activity provides the student, parents (legal representatives) of a minor student with information on state registration as an individual entrepreneur, on the level of his professional education, the general experience of pedagogical work and the experience of engaging in individual pedagogical activity.

5. Individuals engaged in individual pedagogical activities in violation of the legislation of the Russian Federation shall be liable in accordance with the procedure established by the legislation of the Russian Federation.