An agreement on the provision of paid educational services (training agreement): we draw up correctly. What is a contract form of education and budgetary Means the place for agreements on education
It should be noted that situations can be different: from sending an employee to a higher educational institution to receive additional education before being sent to various retraining courses. In this case, the employer is forced to conclude an agreement with an educational or other organization that provides relevant training services. Rendering educational services regulated by the provisions federal law dated December 29, 2012 No. 273-FZ “On education in Russian Federation". The provisions of the law contain a list of essential terms of the contract for training. It should be noted that when concluding a contract for training, the parties cannot establish rules that restrict the rights of applicants and students in comparison with how they are formulated by law. In this article, we will consider the features of concluding and verifying an agreement on the provision of paid educational services. As in the previous article, when giving recommendations, we will use the algorithms offered by the program represented by legal system.
1. Preamble
In the preamble of the agreement, it is necessary to indicate the names of the parties - who is the contractor and who is the customer, as well as indicate the persons authorized to act on their behalf when concluding the training agreement. The contractor can be an individual entrepreneur or a legal entity providing educational services. If the performer is non-profit organization, then its constituent documents should provide for the possibility of carrying out income-generating activities, this activity must meet the goals of the organization, and the non-profit organization must have sufficient property to provide educational services. The contractor can be both an educational organization (professional educational organization, educational organization higher education, organization of additional professional education), and an organization that provides training, but does not have the status of an educational one. It is advisable to also reflect in the contract information about the availability of accreditation for the contractor to provide services under the relevant educational program. Given the above, it is reasonable for the customer to take measures to verify the constituent documents and the availability of accreditation from the contractor. On the side of the customer, any capable person, both natural and legal, ordering services can act. An education contract can be concluded directly by the person who will be studying, or it can be an agreement on the provision of educational services to a third party (student). In this case, the customer is responsible for payment, but the student receives the service. This implies the possibility of concluding a tripartite agreement. In the preamble of such an agreement, in addition to the contractor and the customer, it is indicated who the student is, as well as the person authorized to act on his behalf when concluding the contract.2. Subject of the contract
An agreement on the provision of paid educational services (training agreement) is an agreement under which one party (executor) undertakes to provide educational services, and the other party (customer) undertakes to pay for these services. Thus, the subject of the contract is the provision of training services. If the contract provides for training in an educational program, then in this section it is necessary to reflect its type, level or focus. Training can be carried out according to the main (type: training of skilled workers or employees, training of mid-level specialists) or according to an additional educational program. Orientation can be defined in the contract by indicating the profession, specialty, qualification or otherwise. If the contract provides for the provision of one-time services (lectures or seminars), then it is necessary to describe their content and scope. The nature of the services provided can be described both directly in the text of the contract, and be made in separate application. In this section of the contract, the parties determine the availability of final certification, as well as the form of its implementation. If necessary, the contract can reflect the receipt by students who have not passed the final certification, certificates of training. If the students are not a party to the contract, then the parties must agree in the text of the contract or in its appendix information about the students, as well as the requirements for them (level of education, work experience, age, etc.) The contract reflects the presence and forms control of students, as well as the issue of obtaining documents by students confirming the completion of training. 3. Terms of service provision
The term for the provision of educational services (duration of training) is an essential condition of the training contract. This circumstance means that if the parties do not agree on a term, then the contract may be recognized as not concluded, which means that the customer, as well as the contractor, will not have the right to demand that the terms of the contract be fulfilled by the other party. In this section, it is necessary to agree on the moment of the beginning of the course of the term (training period), as well as the moment of the end of the training period. The parties also have the right to determine intermediate terms. The moment of the beginning of the period can be determined by indicating the calendar date or event (for example, making an advance payment by the customer, signing the contract). The moment of the end of the training period is determined similarly. 4. Procedure for the provision of services
This section of the contract requires the parties to agree on the following conditions: the form and place of the provision of services, the technologies used in the provision of services, the schedule of classes, the admissibility of involving subcontractors, the procedure for processing the results of the provision of services, the procedure for enrolling students for training, the obligations of the student. When concluding a contract for training under an educational program, the parties determine the form of training (full-time, part-time or part-time), as well as the admissibility of using e-learning and distance technologies. Undoubtedly, the use of the latter methods can be extremely convenient for the customer-employer; moreover, distance learning often involves incurring significantly lower costs compared to training that involves the presence of the student at the place of service. However, the customer of educational services should take into account that the Ministry of Education and Science of the Russian Federation establishes a list of professions that cannot be taught exclusively by e-learning or distance technologies. The condition about who (the contractor or the customer) provides the equipment and software for training can be of significant importance. In order to avoid conflicts, it is advisable to define this in the text of the contract. It is also necessary to reflect what teaching materials and access to what information resources(library, archive) is provided by the performer. Considering the fact that training can take place during the performance of an employee's labor functions, the customer may be interested in coordinating the schedule of classes. In this case, the schedule and intensity of the load are reflected by the parties in the text of the contract or in an annex to it. Not the entire volume of educational services can be provided by the contractor independently. For example, individual seminars can be conducted by persons invited by the performer. To resolve such situations in the contract, the parties have the right to provide for the admissibility of involving third parties in the provision of educational services (subcontractors), as well as establish a list of acceptable subcontractors and the requirements for them. If in the contract the parties did not reflect the requirements for third parties involved by the contractor to provide services, then the right to choose a subcontractor is granted to the contractor. In this case, the customer will not be able to influence the choice of the person involved in the execution. Another condition that the parties must agree in this section of the contract concerns the procedure for formalizing the results of the provision of services. Usually, we are talking on the signing of the act of services rendered. It can be signed both at the end of the entire period of study, and at the end of intermediate terms agreed by the parties (month, semester, year). The parties determine the requirements for the form and content of the act, as well as for persons authorized to sign it. It is acceptable to agree on the form of the act of services rendered. It is advisable to establish in the contract the terms for signing the act, as well as the admissibility of drawing up a unilateral act in case the other party evades signing it. 5. Quality of services
In this section of the contract, the parties agree on the requirements for the quality of educational services provided. In particular, the parties may specify that the services must comply with mandatory requirements or requirements contained in normative documents. The parties can also agree on their own requirements by indicating the level vocational training, the procedure for conducting classes, the organization of the process and the results of the provision of services. Requirements for conducting classes may consist in strict adherence to educational program, the use of certain educational techniques and teaching methods, the simplicity and accessibility of the presentation of the material. The organization of the educational process includes the conditions for sufficient material and technical support of the educational process, proper educational and methodological support, the state of the classrooms, the availability of information about the time and place of the classes, the customer's access to information about the attendance and progress of students. The requirements for the result of the provision of services can be formulated by indicating the successful completion of the final certification, exam, and test by students. The services provided may not meet the quality requirements agreed by the parties. In this connection, it is advisable to provide for the consequences of the provision of services of inadequate quality in the contract. We can talk about the gratuitous elimination of defects (in this case, the period for elimination is indicated in the contract) or in the reimbursement of the customer's expenses for elimination (then the period for payment of compensation must be agreed in the contract). 6. Price of services
The price condition is an essential condition of the contract for the provision of paid educational services. Thus, the parties cannot ignore it. Payment can be made as monetary form, and by other counter provision (provision of services, performance of work, etc.) If the terms of the contract involve the payment of a sum of money, then the parties determine the currency in which the price is expressed. The price may be agreed upon by the parties by indicating a fixed amount, by the applicable tariffs or by indicating the tariffs (prices) for similar services established by a state or municipal authority. If the volume of services is significant, the parties may agree on the preparation of an estimate. Given the fact that educational services can be provided for a significant period of time, it is reasonable to agree in the contract on the procedure and limits for price changes due to inflation or an increase in the exchange rate in which the price is expressed. In conditions of exchange rate instability, it is advisable to avoid setting prices in foreign currency. As noted above, the provision of educational services involves the use of equipment, teaching materials etc. In this section, the parties agree on the condition for the inclusion of the contractor's costs in the price of the contract or the procedure for compensating these costs. 7. Payment for services
In this section, the parties determine the procedure and terms of payment for the contractor's services by the customer. Since the contract for the provision of paid educational services can be concluded for a significant period, payment can be made in installments after the expiration of the billing period (month, week, etc.). The provision of services can be advanced. When using prepayment, the parties can agree on the condition of paying interest for the use of a commercial loan. However, in practice, the terms of a commercial loan are rarely included in the contract, since all the risks associated with prepayment can be settled by reducing the price. The contract may also establish a condition for payment after the provision of services or a mixed payment procedure. In this section, the procedure for making calculations should be agreed. As a rule, a non-cash form of payment by means of payment orders is used. But the parties may use other methods of settlements. Regardless of the chosen form of non-cash payment, the parties must determine the moment when the customer is considered to have fulfilled the obligation to pay. The contract may provide for a condition on payment for the rendered educational services by means of another counter provision (transfer of a thing, performance of work or provision of services). In these cases, in this section of the contract, it is necessary to agree on the procedure and terms for performing the necessary actions, as well as the requirements for the quality of the counter provision. 8. Liability of the parties
In this section, the parties agree on the terms of occurrence and the amount of liability for violation of the contract for the provision of paid educational services. The most common measure of liability is a penalty. As a rule, the customer admits violation of the term of payment for the provided educational services. However, other violations may be committed, entailing the obligation to pay a penalty. For example, non-presentation necessary equipment or software if the corresponding obligation is assigned by the contract to the customer. In turn, the contractor may commit the following violations of the terms of the contract: the involvement of third parties in the provision of services in the presence of a ban agreed by the parties or the involvement of a subcontractor not agreed upon by the parties, delay in the provision of services (there may be a violation of the start or end date for the provision of services, as well as intermediate deadlines, agreed upon by the parties at the conclusion of the contract), delay in the gratuitous elimination of deficiencies, as well as delay in reimbursement of the customer's expenses for the elimination of deficiencies. The parties must agree size limit the amount of the penalty to be paid, as well as the ratio of losses and penalties. And also establish a procedure for compensating for losses incurred by one of the parties in violation of the terms of the contract. 9. Modification and termination of the contract
In this section, the parties agree on the terms and procedure for terminating and amending the education agreement. The possibility of changing and terminating the contract by agreement of the parties or in judicial order. It should be noted that the condition on the procedure for changing and terminating the contract for the provision of paid educational services is essential. The parties determine the grounds for terminating the contract in court, i.e., list those violations of the terms of the contract that they consider significant. Among the violations committed by the contractor, which may give the customer the opportunity to demand termination of the contract, there may be a violation of the terms for the provision of services or the involvement of third parties in the performance in the presence of a ban. The contractor may also be granted the right to demand termination of the contract, for example, if the customer violates the terms of payment for the services rendered (failure to make an advance payment, violation of intermediate payment terms). Also, the parties may include in the text of the contract a provision of the law on the right of the customer to refuse to perform the contract if there are significant shortcomings in the services provided, as well as if the contractor does not eliminate the violations. 10. Dispute Resolution
In this section, the parties determine the procedure for resolving emerging conflicts. The parties indicate the court authorized to consider all disputes that arise. It is advisable to agree on a claim procedure for considering contradictions in the contract. To do this, it is required to agree on the procedure and deadline for sending a claim and responding to it. If in the contract the parties have established a mandatory filing of a claim before going to court, then non-compliance with the claim procedure prevents going to court. 11. Final provisions
IN final provisions specifies the duration of the contract. It is advisable to indicate that, regardless of the period specified in the contract, the obligations arising from the contract continue to exist until the moment they are fulfilled (for example, the obligation to pay for services). The parties have the right to establish the procedure and terms for familiarizing students with the terms of the training agreement. This section also indicates the procedure for sending legally significant messages (letters, claims). As noted, you can get a fully drafted contract, similar to the above steps, using the ConsultantPlus program "Contract Designer". The author would like to thank Nadezhda Braginets, Legal Counsel of OAO IFZ, for her help in preparing the material. Conditions for admission to OGBPOU SATT for training under contracts for the provision of paid educational services
The paid educational services provided by the contractor include:
Training in educational programs of secondary vocational education in excess of the established target figures;
Training in the main vocational training programs - vocational training programs for the professions of workers, positions of employees, retraining programs for workers, employees, advanced training programs for workers, employees;
Training in additional professional programs;
The cost of paid educational services is determined by the cost estimate for paid educational services.
Enrollment in the number of students studying is made by order of the director.
A written contract is concluded with the customer for the provision of paid educational services.
Before the conclusion of the contract and during the period of its validity, the Contractor provides the customer with reliable information about himself and about the paid educational services provided, which ensures the possibility of their correct choice.
The contract is concluded in a simple written form and contains the following information:
Full name of the artist - legal entity;
The location of the performer;
Name or surname, name, patronymic (if any) of the customer, phone number of the customer;
Location or place of residence of the customer;
Surname, name, patronymic (if any) of the representative of the contractor and (or) customer, details of the document certifying the authority of the representative of the contractor and (or) customer;
Surname, name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of the student who is not a customer under the contract);
Rights, duties and responsibilities of the contractor, customer and student;
The full cost of educational services, the procedure for their payment;
Information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
Type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus);
Form of study;
Terms of development of the educational program (duration of training);
Type of document (if any) issued to the student after the student has successfully mastered the relevant educational program (part of the educational program);
The procedure for changing and terminating the contract;
Other necessary information related to the specifics of the paid educational services provided.
Admission to the group of paid educational services is carried out at the personal request of citizens.
SAMPLE
AGREEMENT No. __
for training in educational programs of secondary vocational education
Regional State Budgetary Vocational Educational Institution "Sursky Agrotechnological College" operating on educational programs of secondary vocational education on the basis of license RO No. 035792, issued by the Committee for Supervision and Control in the Sphere of Education of the Ulyanovsk Region on February 20, 2012. indefinitely
Hereinafter referred to as the "Contractor", represented by Director Yury Nikolayevich Fomin, acting on the basis of the Charter and
__________________________
(Full name / name of the legal entity)
hereinafter referred to as the "Customer", represented by _____________________________________
(position title, full name of the customer's representative)
acting on the basis ____________________________________ details of the document certifying the authority of the representative of the Customer)
_____________________________________________________________________________
(Full name of the person enrolled for training)
hereinafter referred to as the "Student", jointly referred to as the Parties have entered into this Agreement (hereinafter referred to as the Agreement) as follows:
1. The Subject of the Agreement
1.1. The Contractor undertakes to provide educational services, and the Student/Customer (delete what is not necessary) undertakes to pay for tuition in the educational program of secondary vocational education.
____________________________
(form of study, code, name of profession, specialty or area of study)
within the federal state educational standard or educational standard in accordance with the curriculum, including individual, and educational programs of the Contractor.
1.2. The term for mastering the educational program (duration of study) at the time of signing the Agreement is _____________.
The term of study according to the individual curriculum, including accelerated learning, is __________________________.
(number of months, years)
1.3. After the students have mastered the educational program and successfully passed the state final certification, they are issued ____________________________________________________________________________
(document on education and qualifications)
2. Interaction of the parties
2.1. The contractor has the right:
2.1.1. Independently carry out the educational process,
Establish grading systems, forms, order and frequency
Intermediate attestation of the Student;
2.1.2. Apply incentives and measures to the Student
Disciplinary sanction in accordance with the legislation of the Russian
federations, founding documents Contractor, this Agreement and
Local regulations of the Contractor.
2.2. The Customer has the right to receive information from the Contractor on issues
Organization and ensuring the proper provision of services,
Provided by Section I of this Agreement.
2.3. The student is granted academic rights in accordance with
"On Education in the Russian Federation". The student is also entitled to:
2.3.1. Receive information from the Contractor on the organization and
Ensuring the proper provision of the services provided for in Section I
Actual agreement;
2.3.2. Use in accordance with local regulations
Acts, property of the Contractor, necessary for the development of educational
Programs;
2.3.3. Take in accordance with local regulations
Acts, participation in socio-cultural, health and other
Events organized by the Contractor;
2.3.4. Receive complete and reliable information about the assessment of their
Knowledge, skills, abilities and competencies, as well as the criteria for this assessment.
2.4. The contractor is obliged:
2.4.1. Enroll the Student who has completed the established
Legislation of the Russian Federation, constituent documents,
By the local regulations of the Contractor, the conditions for acceptance, as
__________________________________________________________________;
2.4.2. To bring to the Customer information containing information about
Provision of paid educational services in the manner and volume that
2012 N 273-FZ "On Education in the Russian Federation" * (7);
2.4.3. Organize and ensure proper provision
Educational services provided for in Section I of this Agreement.
Educational services are provided in accordance with federal
State educational standard or educational
Standard, curriculum, including individual, and timetable
Contractor's classes;
2.4.4. Provide the student with the provisions of the selected
The educational program conditions for its development;
2.4.5. Accept from the Student and (or) the Customer a fee for
Educational services;
2.4.6. Ensure the student respects human dignity,
Protection from all forms of physical and mental violence, insults
Personality, protection of life and health * (8).
2.5. The Customer and (or) the Student is obliged (s) to pay in a timely manner
Payment for the educational services provided to the Student, specified
In Section I of this Agreement, in the amount and manner determined by
this Agreement, as well as provide payment documents,
confirming such payment.
III. The cost of educational services, the terms and procedure for their payment
3.1. The full cost of educational services for the entire period of study
The student is ____________________________________________ rubles.
Increase in the cost of educational services after the conclusion
of this Agreement is not allowed, except for the increase in value
These services, taking into account the inflation rate provided for by the main
Characteristics of the federal budget for the next financial year and
Planned period
3.2. Payment is made in full on the first day of training by bank transfer to the account specified in section VIII of this Agreement.
IV. The procedure for changing and terminating the Agreement
4.1. The terms on which this Agreement is concluded may be
Changed by agreement of the Parties or in accordance with the law
Russian Federation.
4.2. This Agreement may be terminated by agreement of the Parties.
4.3. This Agreement may be terminated by
Contractor unilaterally in the cases provided for in clause
21 Rules for the provision of paid educational services, approved
2013 N 706 (Collected Legislation of the Russian Federation, 2013,
No. 34, art. 4437).
4.4. This Agreement is terminated early:
At the initiative of the Student or parents (legal representatives)
Minor Student, including in case of transfer
Student to continue mastering the educational program in another
The organization that carries out educational activities;
At the initiative of the Contractor in case of application to the Student,
Having reached the age of fifteen, deductions as a measure of disciplinary
Penalties in case of non-fulfillment by the Student of the professional
The educational program of duties for the conscientious development of such
Educational program and fulfillment curriculum, and also in the case
Establishing a violation of the procedure for admission to an educational organization,
Which, through the fault of the Student, caused him to be illegally enrolled in
educational organization;
Due to circumstances beyond the control of the student or parents
(legal representatives) of the minor Student and
Contractor, including in the event of liquidation of the Contractor.
4.5. The contractor has the right to refuse to fulfill obligations under
Agreement, subject to full compensation to the Student for losses.
4.6. The student has the right to refuse to execute this Agreement
Subject to payment to the Contractor of the actual expenses incurred by him.
V. Responsibility of the Contractor, the Customer and the Student
5.1. For non-fulfillment or improper fulfillment of their obligations
Under the Agreement, the Parties shall be liable under the
The legislation of the Russian Federation and this Agreement.
5.2. If there is a lack of educational services, including
Rendering not in full, provided for by educational
Programs (part of the educational program), the Customer has the right to
Require your choice:
5.2.1. Without paid provision educational service.
5.2.2. A commensurate reduction in the cost of the provided educational
Services.
5.2.3. Reimbursement of expenses incurred to eliminate deficiencies
Provided educational services on their own or by third parties.
5.3. The customer has the right to refuse to perform the Agreement and demand
Full compensation for damages if, within _____ term, deficiencies in educational
Services are not eliminated by the Contractor. The customer also has the right to refuse
Execution of the Agreement, if it discovers a significant shortcoming in the provision
Educational service or other significant deviations from the conditions
Agreement.
5.4. If the Contractor violated the terms for the provision of educational services
(dates of the beginning and (or) end of the provision of educational services and (or)
Intermediate terms for the provision of educational services) or if during
The provision of educational services has become obvious that it will not
Rendered on time, the Customer has the right at his choice:
5.4.1. Assign to Contractor new term, during which
The contractor must start providing educational services and (or)
End the provision of educational services;
5.4.2. To entrust the provision of educational services to third parties for
Reasonable price and require the contractor to reimburse the incurred
expenses;
5.4.3. Demand a reduction in the cost of educational services;
5.4.4. Terminate the contract.
VI. Contract time
6.1. This Agreement shall enter into force on the date of its conclusion
Parties and is valid until the full fulfillment of obligations by the Parties.
VII. Final provisions
7.1. The information specified in this Agreement corresponds to
Information posted on the official website of the Contractor in the network
"Internet" on the date of conclusion of this Agreement.
7.2. Under the period of provision of educational services (period
training) is understood as a period of time from the date of issuance of the order on
Enrollment of the Student in an educational organization before the date of publication
Order on graduation or expulsion of the Student from
educational organization.
7.3. This Agreement is made in _______ copies, one for
Each side. All copies have the same legal force.
Amendments and additions to this Agreement may be made only in
Written form and signed by authorized representatives of the Parties.
7.4. Amendments to the Agreement are formalized by additional agreements to
Agreement.
VIII. Addresses and details of the parties
|
Executor: |
Customer (student representative): |
|
OGBPOU SATT 433240, Russian Federation, Ulyanovsk region, Sursky district, r.p. Surskoye, Lenin street, house number 47 TIN 7319003577 Gearbox 731901001 BIC 047308001 p/account 40601810573084000001 Director of OGBPOU SATT ____________________ Fomin Yu.N. M.P. "__" ________ 20__ |
________________________________________________ (FULL NAME.) Registration address ________________________________________________ Passport data: №_______ series ________________________________ By whom and when issued by _______________________________ ________________________________________________ ________________________________________________ signature _________________ ______________________ (FULL NAME.) Student: Residence address ____________________________ _________________________________________________ No. __________ series _______________________________ By whom and when issued by _________________________________ (FULL NAME.) |
1) an organization carrying out educational activities and a person enrolled for training (parents (legal representatives) of a minor);
2) an organization carrying out educational activities, a person enrolled for training, and an individual or legal entity that undertakes to pay for the training of a person enrolled for training.
2. The agreement on education must specify the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), the form of education, the period of mastering the educational program (duration learning).
3. The agreement on education, concluded upon admission to study at the expense of an individual and (or) legal entity (hereinafter referred to as the agreement on the provision of paid educational services), indicates the full cost of paid educational services and the procedure for their payment. An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services, taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
4. The information specified in the contract for the provision of paid educational services must correspond to the information posted on the official website of the educational organization on the Internet as of the date of conclusion of the contract.
5. An organization carrying out educational activities has the right to reduce the cost of paid educational services under an agreement on the provision of paid educational services, taking into account the coverage of the missing cost of paid educational services at the expense of own funds this organization, including funds received from income-generating activities, voluntary donations and earmarked contributions individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by the local normative act and communicated to students.
6. An agreement on education cannot contain conditions that restrict the rights of persons who have the right to receive education of a certain level and focus and who have applied for admission to study (hereinafter referred to as applicants), and students or reduce the level of guarantees provided to them compared to the conditions, established by the legislation on education. If conditions restricting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
7. Along with the grounds for termination of educational relations established by Article 61 of this Federal Law at the initiative of an organization engaged in educational activities, an agreement on the provision of paid educational services may be terminated unilaterally by this organization in the event of a delay in payment for the cost of paid educational services, as well as in the event that if the proper fulfillment of the obligation to provide paid educational services has become impossible due to the actions (inaction) of the student.
8. The grounds for unilateral termination by an organization carrying out educational activities of an agreement on the provision of paid educational services are indicated in the agreement.
10. Sample forms of agreements on education for basic general education programs, educational programs of secondary vocational education and additional general education programs are approved by the federal executive body responsible for the development and implementation of public policy and legal regulation in the field general education. Sample forms of agreements on higher education are approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of higher education. An approximate form of an agreement on additional professional education is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of higher education, in agreement with the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of general education.
(see text in previous edition)
In the case of the implementation of educational activities by an individual entrepreneur and the admission of students at the expense of individuals and (or) legal entities, the basis for the emergence of educational relations is an agreement on education.
In accordance with Part 1 of Art. 54 of Law No. 273-FZ, an education agreement is concluded in a simple written form between:
1) an organization carrying out educational activities and a person enrolled for training (parents (legal representatives) of a minor);
2) an organization carrying out educational activities, a person enrolled for training, and an individual or legal entity that undertakes to pay for the training of a person enrolled for training.
The agreement on education has a civil law nature, being an agreement on the provision of paid services. Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
According to Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents by postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from the party under the agreement. The written form of the contract is considered complied with if the written proposal to conclude the contract is accepted by way of acceptance, expressed in the commission by the person who received the offer, within the time period established for its acceptance, actions to fulfill the conditions of the contract specified in it (payment of the appropriate amount, etc.) unless otherwise provided by law, other legal acts or not specified in the offer.
In accordance with Part 2 of Art. 54 of Law No. 273-FZ, the agreement on education must indicate the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), form of training, period of development educational program (duration of training).
More details legal regulation the procedure for concluding agreements on education was received in the Decree of the Government of the Russian Federation of August 15, 2013 No. 706 “On Approval of the Rules for the Provision of Paid Educational Services”.
According to clause 12 of the Rules for the provision of paid educational services
a) full name and company name (if any) of the contractor - legal entity; surname, name, patronymic (if any) of the performer - an individual entrepreneur;
b) the location or place of residence of the performer;
c) name or surname, first name, patronymic (if any) of the customer, phone number of the customer;
d) location or place of residence of the customer;
e) last name, first name, patronymic (if any) of the representative of the contractor and (or) customer, details of the document certifying the authority of the representative of the contractor and (or) customer;
f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);
g) the rights, duties and responsibilities of the contractor, customer and student;
h) the full cost of educational services, the procedure for their payment;
i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
j) type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus);
k) form of education;
l) terms of development of the educational program (duration of training);
m) the type of document (if any) issued to the student after the student successfully masters the relevant educational program (part of the educational program);
n) the procedure for changing and terminating the contract;
o) other necessary information related to the specifics of the paid educational services provided.
An education agreement cannot contain conditions that restrict the rights of persons entitled to receive education of a certain level and focus and who have applied for admission to study, and students, or reduce the level of guarantees provided to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions restricting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
The agreement is concluded on general rules civil law. Until the age of 14, it is concluded by the parents (legal representatives) of the student, in the period from 14 to 18 years, the contract is formally concluded by the minor themselves, but necessarily with the written consent of the parents, over 18 years of age (or emancipated, married before this age) the contract is signed directly student.
Often found conflict situations when the contract requires a change due to what has changed legislative regulation one question or another. The student (or his legal representatives) refuses to amend the contract. Such a conflict can only be resolved in a judicial proceeding.
Often, the student also refuses to conclude an agreement when the educational organization insists on it. The issue is also resolved in court, however, in general, the consequences will differ depending on whether the conclusion of the contract is mandatory on the basis of Part 2 of Art. 53 of Law No. 273-FZ. If the existence of such an agreement is expected (for example, preschool education or paid educational services), then before the conclusion of the agreement, the enrollment of the student simply will not take place, it will not be possible to issue an order for enrollment, because. there will be no reason to publish it.
The agreement on education, concluded upon admission to study at the expense of an individual and (or) legal entity, indicates the full cost of paid educational services and the procedure for their payment.
According to Art. 424 of the Civil Code of the Russian Federation, in cases provided for by law, prices (tariffs, rates, rates, etc.) are applied, established or regulated by authorized government bodies and (or) bodies local government. In accordance with paragraph 4 of part 1 of Art. 17 of the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organization of Local Self-Government in the Russian Federation”, in order to resolve issues of local importance, local self-government bodies of settlements, municipal districts and urban districts have the power to set tariffs for services provided municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws. Thus, local governments have the right to set tariffs for paid educational services for additional general developmental programs provided by municipal educational institutions. It should be noted that public authorities do not have a similar authority in relation to state educational institutions.
An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services, taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
An organization carrying out educational activities has the right to reduce the cost of paid educational services under an agreement on the provision of paid educational services, taking into account the coverage of the missing cost of paid educational services at the expense of this organization's own funds, including funds received from income-generating activities, voluntary donations and earmarked contributions. individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and brought to the attention of students.
If a lack of paid educational services is found, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:
a) free provision of educational services;
b) a commensurate reduction in the cost of paid educational services rendered;
c) reimbursement of expenses incurred by him to eliminate the shortcomings of the provided paid educational services on his own or by third parties.
The customer has the right to refuse to execute the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to execute the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.
If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) the intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out on time, The customer has the right to choose:
appoint a new term for the contractor, during which the contractor must start providing paid educational services and (or) complete the provision of paid educational services;
instruct to provide paid educational services to third parties at a reasonable price and require the contractor to reimburse the costs incurred;
demand a reduction in the cost of paid educational services;
terminate the contract.
The customer has the right to demand full compensation for losses caused to him in connection with the violation of the terms for the start and (or) end of the provision of paid educational services, as well as in connection with the shortcomings of paid educational services.
In addition, the inclusion in the agreement on the formation of conditions that infringe on the rights of consumers entails administrative liability.
Thus, by the Resolution of the Seventeenth Arbitration Court of Appeal dated September 16, 2013 No. 17AP-8002 / 2013-AKU in case No. A50-6183 / 2013, in satisfying the requirement to cancel the decision to prosecute under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation for the inclusion in the contract of conditions that infringe on the rights of consumers was refused, since the presence in the actions of the applicant of the composition of the sane administrative offense and the absence of violations of the procedure for bringing to administrative responsibility.
In accordance with Part 7 of Art. 54 of Law No. 273-FZ, an agreement on education terminates in connection with the receipt of education (completion of training), as well as ahead of schedule on the following grounds:
a) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue the development of the educational program to another organization engaged in educational activities;
b) at the initiative of an educational organization in the case of applying to a student who has reached the age of fifteen, deductions as a measure disciplinary action, in case of non-fulfillment by a student of a professional educational program of obligations for the conscientious development of such an educational program and the implementation of the curriculum, as well as in the event of a violation of the procedure for admission to an educational organization, which caused, through the fault of the student, his illegal enrollment in an educational organization;
c) due to circumstances beyond the control of the student or the parents (legal representatives) of the minor student and the educational organization, including in the event of liquidation of the educational organization.
In accordance with clause 21 of the Rules for the Provision of Paid Educational Services, at the initiative of an educational organization, an education agreement may be terminated unilaterally in the following case:
Approximate forms of agreements on education are approved by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of education. currently approved the following forms contracts:
After the introduction of an agreement on education between students and educational organizations of preschool education, the question arose of the need to conclude an agreement on supervision and care.
The provisions of Law No. 273-FZ do not require a conclusion a separate agreement for pre-school education programs and for the provision of care and supervision services. Also, this is not provided for by the Procedure for organizing and implementing educational activities for the main general educational programs - educational programs for preschool education, approved by Order of the Ministry of Education and Science of Russia dated August 30, 2013 No. 1014.
Art. 54 of Federal Law No. 273-FZ establishes only the mandatory terms of the education agreement. Based general principles civil law allows the conclusion of an agreement that contains elements of various agreements (part 3 of article 421 of the Civil Code of the Russian Federation). Therefore, the inclusion in such an agreement of regulation of issues of supervision and care does not contradict the law.
At the same time, it must be emphasized that the payment for supervision and care under no circumstances can be considered as the cost of educational services. If the implementation of pre-school education programs is financed from the relevant budget, then this agreement will not apply to the contract for the provision of paid educational services, despite the existence of a fee charged from parents (legal representatives) for childcare and care.
The entrepreneurial approach to education has led to the stimulation of the process of creating a market for paid educational services, which has a high economic attractiveness. However, due to the rapid expansion of the market for paid educational services, there is a significant increase in the number of lawsuits filed to protect the rights of consumers of paid educational services.
In judicial practice, which is being formed after the entry into force of Federal Law No. 273-FZ, the following most common types of claims in defense of the rights and interests of students and parents (legal representatives) of students in the provision of paid educational services can be distinguished:
on violation of the rights of students to quality education;
on violation of the rights of students in accredited educational institutions to delay the call for military service;
on violation of guarantees of public accessibility and free education.
However, most of the disputes are related to non-compliance with the legislation of the Russian Federation, in particular, the provisions of Federal Law No. 273-FZ of the provisions of the contract for the provision of educational services.
Thus, the Supreme Court of the Russian Federation upheld the decision of previous instances on the involvement of non-state educational institution private secondary secondary school"Romashka" is liable for violation of the requirements established by the legislation on education for the conduct of educational activities, expressed in the conduct of educational activities by representative offices educational organizations or violation of the rules for the provision of paid educational services (part 1 of article 19.30 of the Code of Administrative Offenses of the Russian Federation).
As stated in the decision Supreme Court of the Russian Federation dated July 2, 2015 No. 5-AD15-14, clause 12 of the Rules for the provision of paid educational services, approved by Decree of the Government of the Russian Federation dated August 15, 2013 No. 706, a list of necessary information is defined that must contain an education agreement.
In the course of carrying out on April 9 and 16, 2014 by authorized officials of the Department of State Supervision and Control in the Sphere of Education of the Department of Education of the City of Moscow, on the basis of the relevant order dated March 25, 2014, a scheduled field inspection of the institution revealed the absence of contracts for the provision of paid educational services concluded an institution with parents (legal representatives) of underage students (the director of the institution refused to present these contracts to the inspectors), and the submitted form of a sample contract between the institution and the child's parents on the provision of paid educational services does not contain all the necessary information provided for in clause 12 of the Rules for the provision of paid educational services . In addition, no documents were submitted confirming by whom and when the form of the contract was approved, which does not allow establishing the date of its application in the institution.
The actions of the institution, which had the opportunity to comply with the requirements of the legislation on education, are qualified under Part 1 of Art. 19.30 Administrative Code of the Russian Federation.
This conclusion is also confirmed in other judicial acts.
It should be noted that in accordance with the current legislation, the provisions of the Law of the Russian Federation dated February 7, 1992 No. 2300-1 “On Protection of Consumer Rights” apply to the contract for the provision of paid educational services. For example, they are applied in terms of recognizing the terms of such an agreement as violating the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, and are invalidated in this case (Part 1, Article 16 of the Law "On Protection of Rights consumers"). Such conditions include the following:
the condition that upon termination of the contract with the student, the previously paid amounts are not returned;
the condition under which the repeated passing of tests and exams is paid according to the tariffs in force at the time of payment;
a condition according to which, when a previously expelled student is reinstated, a new contract is drawn up and, in addition to the basic tuition fee, a reinstatement fee is charged;
the condition for the admission of the applicant to the entrance exams after paying for the first course of study and the costs associated with the work of the selection committee;
a condition on the establishment in contracts, in addition to tuition fees, of “gratuitous lump sums for the maintenance of an educational institution”.
An interesting enough case judicial practice is the decision of the Thirteenth Arbitration Court of Appeal dated April 2, 2009 in case No. A56-42097 / 2008 on the claim of the non-state educational institution of higher professional education "St. Petersburg Humanitarian University of Trade Unions" against the Office Federal Service on supervision in the field of consumer rights protection and human well-being in St. Petersburg, in which the court dismissed the claim in connection with the following: the court concluded that the inclusion in the contract for the training of a specialist with higher education of conditions forcing the applicant to purchase one service with the obligatory purchase of other services (subscribe and study the Very Um magazine, purchase a bank's Visa Electron plastic card, etc.), indicates an infringement of consumer rights established by law and entails administrative liability under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation.
The inclusion in the agreement on education of conditions that infringe on the rights of the consumer, students and parents (legal representatives) of students, established by law, is the most common subject of disputes considered by the courts.
September 4 to October 1, 2014 official Rospotrebnadzor carried out a scheduled on-site inspection of compliance by the institution mandatory requirements in the field of consumer protection in the representative office of the Federal State Budgetary Educational Institution of Higher Professional Education "Moscow State Industrial University" in Vologda.
Based on the results of the audit, an act was issued to stop violations of consumer rights by concluding new contracts for the provision of paid educational services.
In accordance with paragraph 1 of Art. 16 of the Law "On Protection of Consumer Rights", the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
According to Art. 43 of the same Law for violation of consumer rights established by laws and other regulatory legal acts of the Russian Federation, the seller (executor, manufacturer, authorized organization or authorized individual entrepreneur, importer) bears administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.
In this case, the institution included in the contracts for the provision of paid educational services conditions that infringe on the rights of consumers established by law.
In particular, the department of Rospotrebnadzor considered that the Moscow State Industrial University unreasonably included clause 1.5 in the contracts, according to which the educational institution of higher education has the right to unilaterally increase the cost of tuition fees specified in clause 1.4 of the contract (the full cost of education), taking into account the level of inflation, provided for by the main characteristics of the federal budget for the next financial year and planning period, on the basis of the order of the rector of the Moscow State Industrial University.
In addition, the regulatory authorities charged the educational organization with the unlawful inclusion in clauses 3.1, 3.8 of the contracts of conditions that infringe on the rights of consumers.
According to clause 3.8 of the agreements concluded by the institution, they can be terminated by the Moscow State Industrial University unilaterally if the parties have not reached an agreement to bring it in accordance with clauses 1.5, 2.2.2 of this agreement.
Clause 3.1 of the agreement establishes that the agreement can be terminated by a citizen at any time of its validity, and the Moscow State Industrial University if the citizen fails to comply with clauses 2.2.1, 2.2.2 of the agreement.
In accordance with clause 2.2.1 of the contract, the citizen undertakes, within ten days from the date of conclusion of the contract, to pay for the 1st semester of education in the amount of 17,000 rubles.
According to clause 2.2.2 of the agreement, before September 10 in the autumn semester and before February 10 in the spring semester of each next semester, the citizen undertakes to familiarize himself with the order of the rector of the educational organization on tuition fees at the Institute of Distance Education of the Moscow State Industrial University, to conclude an additional agreement to this agreement, receive a receipt for tuition fees and make payment for the student's tuition.
In accordance with Part 7 of Art. 54 of Federal Law No. 273-FZ, along with the established Art. 61 of Federal Law No. 273-FZ on the grounds for termination of educational relations at the initiative of an organization engaged in educational activities, an agreement on the provision of paid educational services can be terminated unilaterally by this organization in the event of a delay in paying the cost of paid educational services, as well as in the event that proper execution obligations to provide paid educational services became impossible due to the actions (inaction) of the student.
The grounds for unilateral termination by an organization carrying out educational activities of an agreement on the provision of paid educational services are indicated in the agreement.
According to part 1 of article 61 of Law No. 273-FZ, educational relations are terminated due to the expulsion of the student from the organization engaged in educational activities:
1) in connection with the acquisition of education (completion of studies);
2) ahead of schedule on the grounds established by paragraph 2 of this article.
Part 2 of Art. 61 of Federal Law No. 273-FZ, it is determined that educational relations can be terminated ahead of schedule in the following cases:
1) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue the development of the educational program to another organization carrying out educational activities;
2) at the initiative of the organization carrying out educational activities, in the event that deductions are applied to a student who has reached the age of fifteen years as a disciplinary sanction, if the student fails to fulfill the obligations under the professional educational program for the conscientious development of such an educational program and the implementation of the curriculum, as well as in in the case of establishing a violation of the procedure for admission to an educational organization, which caused, through the fault of the student, his illegal enrollment in an educational organization;
3) due to circumstances beyond the control of the student or the parents (legal representatives) of the minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.
Paragraph 21 of the Rules for the provision of paid educational services also provides that, at the initiative of the contractor, the contract may be terminated unilaterally in the following case:
a) application to a student who has reached the age of 15 years, deductions as a measure of disciplinary action;
b) non-fulfillment by students under a professional educational program (part of an educational program) of the obligations for the conscientious development of such an educational program (part of an educational program) and the implementation of the curriculum;
c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which caused, through the fault of the student, his illegal enrollment in this educational organization;
d) delay in payment of the cost of paid educational services;
e) the impossibility of proper fulfillment of obligations for the provision of paid educational services due to the actions (inaction) of the student.
As follows from the Resolution of the Fourteenth Arbitration Court of Appeal dated May 13, 2015 in case No. A13-15563 / 2014, from an analysis of the indicated provisions of the legislation of the Russian Federation on education, the court found that the grounds for unilateral termination of the contract for the provision of educational services contained in clause 2.2 .2 the agreement referred to in clauses 3.1 and 3.8 of the agreement are not provided for by the current legislation, therefore, they violate the rights of students established by law.
Another violation of the rights and legitimate interests of students, as follows from judicial practice, is the establishment of a condition for payment for educational services under a contract in the order of 100% prepayment - as excluding the right of choice of the consumer.
On November 27, 2013, the Directorate of Rospotrebnadzor for the Samara Region carried out a scheduled on-site inspection of the Non-State Educational Institution of Higher Professional Education MI "REAVIZ" (hereinafter - NOU VPO MI "REAVIZ"), based on the results of which an inspection report was drawn up.
As a result of the analysis of contracts concluded by NEI VPO MI "REAVIZ" with consumers, it was established that they include conditions that infringe on the consumer's rights established by law, and violations of Art. 16, paragraph 2 of Art. 17, 37 of the Law "On Protection of Consumer Rights" and clause 8 of the Rules for the provision of paid educational services.
According to clause 3.2 of the agreements dated September 3, 2013 No. 030913-94-SU, dated September 3, 2013 No. 11091-89-SU, dated September 3, 2013 No. 090913-Yu2-PP, dated September 5, 2013 No. 050913-149-PS payment for educational services under the contract is carried out by the customer in the order of 100% prepayment by transfer Money to the account of the contractor no later than September 13, 2013.
According to clause 3.3 of the agreement dated October 21, 2013 No. 100432, payment for educational services under this agreement is carried out by the customer by transferring funds to the account of the contractor in advance, with a breakdown of payments by semesters in equal shares.
The Rospotrebnadzor Administration for the Samara Region recognized these conditions as infringing on the rights of consumers, since they exclude the consumer's right to choose, granted to him by Art. 37 of the Law "On Protection of Consumer Rights". According to this norm, the consumer is obliged to pay for the work performed by the contractor in full after it is accepted by the consumer. With the consent of the consumer, the work can be paid by him at the conclusion of the contract in full or by issuing an advance.
The court concluded that the provisions of the civil law and the law on education do not provide for payment for services not rendered. The above clauses of the contracts, which provide for the obligation of the consumer to pay for services not performed by the institution, are contrary to the legislation of the Russian Federation.
In addition, the regulatory authorities revealed another violation of the procedure for concluding contracts for the provision of paid educational services by this educational organization - the establishment of a condition for changing the cost of services by the institute in a unilateral - notification.
According to clause 3.2 of the agreement dated October 21, 2013 No. 100432, from the second academic year and (or) subsequent academic years, the cost of services under this agreement can be changed by the institute unilaterally. At the same time, the cost of services changes accordingly. The Institute is obliged to notify the customer in writing about the increase in the cost of services no later than 30 calendar days before the beginning of the second and (or) subsequent academic year, respectively.
The decision of the Eleventh Arbitration Court of Appeal dated July 22, 2014 in case No. А55-2363/2014 notes that this provision contradicts clause 8 of the Rules for the provision of paid educational services, according to which an increase in the cost of paid educational services after the conclusion of the contract is not allowed.
However, according to paragraph 3 of Art. 54 of Federal Law No. 273-FZ, in the contract concluded upon admission to training at the expense of an individual and (or) legal entity, the full cost of paid educational services and the procedure for their payment are indicated.
The contract cannot contain conditions that restrict the rights of persons to receive education of a certain level and orientation, who have applied for admission to study, and students, or reduce the level of guarantees provided to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions restricting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
The court ordered NOU VPO MI "REAVIZ" to bring contracts for the provision of paid educational services in accordance with the legislation of the Russian Federation and renegotiate contracts on education with students in order to comply with guarantees for the exercise of their rights to education.
A significant number of violations of the legislation on education in terms of concluding contracts for the provision of paid educational services is committed by individual entrepreneurs engaged in educational activities. Currently, the number of court cases initiated by the prosecutor's office and parents (legal representatives) of students is increasing.
Periodic performance reviews individual entrepreneurs engaged in educational activities demonstrate that violations of the Rules for the Provision of Paid Educational Services and the provisions of Federal Law No. 273-F3 are allowed, namely:
As the analysis of judicial practice shows, the expansion of the market for paid educational services and the consolidation in the legislation of the concept of "agreement on education", the need for a clear and detailed regulation of educational relations - educational organizations, on the one hand, and students and parents (legal representatives) of students, on the other parties, - in accordance with the agreement on the provision of paid educational services will increase.
See for more details: Ruling of the Thirteenth Arbitration Court of Appeal dated April 2, 2009 in case No. A56-42097/2008 // Access from the ConsultantPlus SPS.
See for more details: Ruling of the Fourteenth Arbitration Court of Appeal dated May 6, 2015 in case No. А44-7765/2014 // Access from ConsultantPlus SPS; Resolution of the Fourteenth Arbitration Court of Appeal dated May 29, 2014 in case No. A44-129 / 2014 // Access from the ConsultantPlus ATP; Resolution of the Seventeenth Arbitration Court of Appeal dated September 16, 2013 No. 17AP-8002 / 2013-AKU // Access from the ConsultantPlus ATP.
See for more details: Appeal ruling of the Moscow City Court dated May 6, 2015 in case No. 33-14168/2015 // Access from the ConsultantPlus SPS; Decree of the Moscow City Court dated March 4, 2015 No. 4a-4413/14 // Access from the ConsultantPlus SPS; Appeal ruling of the Moscow City Court dated October 22, 2014 in case No. 33-36328/2014 // Access from the ConsultantPlus SPS; Determination of the Moscow City Court dated September 29, 2014 No. 4g / 3-9783 / 14 // Access from the ConsultantPlus ATP.
in Russia, who has a general secondary education, can receive a higher or secondary education once special education on a budgetary basis state university. This means that the state pays for the student's education. A student who passes the session with "good" and "excellent" is paid a scholarship. Those who have only "five" in the offset can count on an increased scholarship. There are budget places in some non-state universities, but they are usually very few. They enter the budgetary department usually on a competitive basis, having passed the unified state exams according to the list approved by the higher educational institution and posted on the official website. Some higher education institutions are given the right to conduct additional entrance tests - for example, an interview or creative competition.
From the budget department, a student can be expelled for academic debt. You can recover, but in most cases the procedure is paid, and you can continue your education only on a contract basis.
contract form
In the contract form, the student pays for the education himself. He enters a higher educational institution, also on a competitive basis, but at the same time he also concludes a bilateral agreement with the university or. The contract, among other things, specifies the amount and terms of payment. The fee can be paid immediately for the semester or monthly, this is determined by the university. A student can be expelled not only for academic debt, but also for.The amount of payment can be changed, and most often upwards.
State order in education
In recent years, a system of state orders in education has been increasingly practiced in Russia. This is also a contract form of education, but it is not the student who pays, but the enterprise that needs a specialist of one profile or another. A tripartite agreement is concluded between a student, a higher educational institution and an enterprise. In addition to paying for the training of a specialist, an enterprise can provide a student with some social services- pay for accommodation in a hostel, travel to the place of study and back, as well as increase the scholarship. The enterprise also provides an opportunity to do an internship where a person will work. The student is obliged to work at the enterprise for several years after graduation. If it is, he must reimburse the company for the costs. Admission to higher and secondary specialized institutions is also carried out on a competitive basis.mixed forms
In small settlements partially paid form of education is also practiced. For example, a university opens a branch, rents premises, invites teachers. Students admitted to the budget department do not pay tuition fees, but the rest of the expenses fall on their shoulders, that is, they pay money for renting the premises and paying utilities. In any case, it is much cheaper than training on a contract basis.
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