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Licensing of educational activities Law of the Russian Federation “On Education” Regulations on licensing of educational activities Forms for submitting information With comments by V.V. Shibeleva Valentina Vasilievna Shibeleva – Deputy Director of the Moscow Center

Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” (as amended by Federal Laws of January 13, 1996 No. 12-FZ, No. 144-FZ of November 16, 1997, No. 102-FZ of July 20, 2000, dated 08/07/2000 No. 122-FZ, dated 02/13/2002 No. 20-FZ, dated 03/21/2002 No. 31-FZ, dated 06/25/2002 No. 71-FZ, dated 07/25/2002 No. 112-FZ, dated 01/10/2003 No. 11-FZ, dated 07.07.2003 No. 123-FZ, dated 08.12.2003 No. 169-FZ,

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Reasons for the emergence of educational relations

Law No. 273-FZ provides special provisions relating to the emergence, change and termination of educational relations.

The grounds for the emergence of educational relations are the following documents:

administrative act of an educational organization on the admission (enrollment) of a person in this organization for training or for passing intermediate and state (final) certification;

education agreement - according to general rule it is necessary if educational activities are carried out by an individual entrepreneur.

There may be situations when for publication administrative act a preliminary conclusion of an education agreement is required. This procedure will apply in the following cases:

upon admission to study educational programs preschool education;

upon admission to training paid for by individuals and (or) legal entities.

In case of targeted admission for training, it will be necessary to conclude two agreements in advance (before issuing an administrative act): on targeted admission and on targeted training.

According to the current legislation on education, relations, for example, between a university and a state-funded student are not required to be formalized by an agreement. In this case, the issuance of an order to enroll a student in a university is equivalent to the conclusion of an agreement. By its legal nature, an agreement for the provision of educational services by a university belongs to the group of public contracts and accession agreements. By virtue of this, the student joins the terms of the contract, which are outlined in the law.

Features of the education agreement

Clause 12 of Part 1 of Article 3 of Law No. 273-FZ reflects new principles of legal regulation of educational relations. Among them, it is worth noting such a principle as a combination of state and contractual regulation of educational legal relations. In this regard, the new Education Law contains special provisions on the education agreement that were absent in Law No. 3266-1.

In some cases, the condition for the emergence of educational relations is the conclusion of an education agreement. In accordance with Law N 273-FZ, such an agreement is concluded in simple written form.

The parties to the education agreement may be:

educational organization and the person enrolled in education (or the parents or legal representatives of the minor);

an educational organization, a person enrolled in training and an individual or legal entity that has undertaken to pay for training.

Other features of the contract for the provision of paid educational services

the result obtained from the service cannot be seen or touched;

the service itself is consumed at the time it is provided to the customer;

the service is considered provided after signing the acceptance certificate for the services provided;

Invoice (invoice) of the service provider;

Essential terms of the contract for the provision of paid educational services

By agreement paid provision services the contractor undertakes to provide services (perform certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services(Clause 1 of Article 779 of the Civil Code of the Russian Federation).

The relations of the parties under a contract for the provision of paid services are regulated by Chapter 39 of the Civil Code of the Russian Federation. According to Article 783 of the Civil Code, the following applies to a contract for the provision of paid services: general provisions on contracts (Articles 702 - 729 of the Civil Code) and provisions on household contracts (Articles 730 - 739 of the Civil Code), unless this contradicts the special rules on this agreement (Articles 779 - 782 of the Civil Code), as well as the specifics of the subject of the contract for the provision of paid services.

When providing paid educational services, the parties to the contract, in addition to the Civil Code, are also required to be guided by the norms of special legislation, i.e. The Law “On Education in the Russian Federation”, which defines the essential conditions for the provision of paid educational services. as well as other conditions for the provision of this type of service that must be included in the contract.

If an agreement for the provision of educational services for a fee is concluded with an individual, then the Law of the Russian Federation “On the Protection of Consumer Rights” is applied to the relations of the parties under such an agreement.

Below is a recommended standard form of an education agreement. Of course, you need to understand that each contract is unique and its terms depend on the specifics of a number of conditions and the will of the parties. Nevertheless, there are conditions (they are called essential) that any contract for the provision of education services must contain and without which the contract is considered not concluded. The essential terms of the contract for the provision of paid educational services include the conditions that determine the specific type of service provided (clause 1 of Article 779 of the Civil Code of the Russian Federation), i.e.:

Subject of the contract for paid services(according to Articles 432, 703, 779 of the Civil Code of the Russian Federation) are specific services, therefore it should be clear from the contract what services will be provided.

According to Article 101 of Law No. 273-FZ "On Education in the Russian Federation" paid educational services represent the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under agreements for the provision of paid educational services. which will be the subject of the education agreement.

Other conditions that are provided for in industry regulations or that the parties consider significant (in accordance with Article 432 of the Civil Code), i.e. such conditions under which, at the request of one of the parties, an agreement must be reached. Such conditions usually include conditions about who is buying necessary materials, the procedure for payment and acceptance of work, guarantees of the quality of work performed, expiration date, documents and accessories.

main characteristics of the education provided (type, level and (or) focus of the educational program);

form of training;

duration of training;

the full cost of paid educational services and the procedure for their payment.

If a person is admitted to study at the expense of individuals and (or) legal entities, then in the education agreement (in in this case- an agreement on the provision of paid educational services) must also indicate the full cost of educational services and the procedure for their payment. However, as a general rule, an increase in the cost of education after the conclusion of such an agreement is not allowed.

It is also necessary that the information in the agreement on the provision of paid educational services corresponds to the information posted on the official website of the educational organization on the Internet on the date of conclusion of the agreement.

Law No. 273-FZ gives educational organizations the right to reduce the cost of educational services under the relevant agreement. The missing part of this cost will be reimbursed from the educational organization’s own funds. The organization will establish the grounds and procedure for this reduction in local regulations. It is interesting to note that when developing the draft of this law, it was proposed to legislate the grounds for reducing the cost paid services. Thus, categories of persons for whom an educational organization could reduce the cost of education were identified: students who have achieved academic success and (or) scientific activity, as well as those in need of social assistance.

The education agreement cannot contain conditions that limit the rights or reduce the level of legislative guarantees of applicants (students). Otherwise, such terms and conditions will not apply.

The rules for the provision of paid educational services are determined by the Government of the Russian Federation. Currently, such Rules are approved by Decree of the Government of the Russian Federation dated July 5, 2001 N 505. It seems that in connection with the adoption of Law N 273-FZ it will be necessary to bring the existing Rules into compliance with it or to develop new Rules.

The Russian Ministry of Education and Science establishes sample forms education agreements. To date, the Ministry has approved a number of forms of contracts for the provision of paid educational services, differing depending on the level of education:

Sample form of an agreement on the provision of paid educational services in the field of general education(Order of the Ministry of Education of Russia dated July 10, 2003 N 2994):

Order of the Ministry of Education of Russia dated October 14, 1997 N 2033 “On approval of the Regulations on external studies in state and municipal higher educational institutions of the Russian Federation” (together with sample forms).

In accordance with current legislation, the provisions of the Law of the Russian Federation of 02/07/1992 N 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights) are applied to the agreement for the provision of paid educational services. For example, the provisions of the said Law may be applied to the extent that the terms of such an agreement are recognized as infringing on the rights of consumers (clause 1 of Article 16 of the Law on the Protection of Consumer Rights). In this case, the courts indicate that the illegal terms of the contract are invalid. Such conditions could be, for example, the following:

the condition that upon termination of the contract with the student, previously paid amounts will not be returned;

a condition under which retaking 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 a reinstatement fee is charged in addition to the basic cost of education;

a condition on the admission of an applicant to entrance examinations after payment of the first year of study and expenses associated with the work of the admissions committee.

Grounds and procedure for termination of an education agreement

In accordance with Law No. 273-FZ, educational relations are terminated in the event of expulsion of a student from an educational organization. Deduction is possible on two grounds:

In connection with the completion of training (education);

Due to the early termination of educational relations.

In the second case, the educational relationship may be terminated for several reasons:

at the initiative of the student himself or the parents (legal representatives) of a minor student (for example, in the case of transfer to another educational organization);

at the initiative of an educational organization. In this case, the organization can expel the student only on the grounds strictly defined in Law N 273-FZ (as a measure disciplinary action in relation to students who have reached the age of 15, in the event that a student in a professional educational program fails to fulfill his obligations to conscientiously fulfill it and implement the curriculum, as well as if the procedure for admitting a student to an educational institution was violated due to the fault of the student, which resulted in his illegal enrollment) ;

due to circumstances that do not depend on the will of the parties to educational relations (for example, in the event of liquidation of an educational organization).

According to Law No. 273-FZ, an agreement on the provision of paid educational services can be terminated by an educational organization unilaterally. In particular, this is possible in case of delay in payment for educational services, as well as in a situation where proper fulfillment of the obligation to provide educational services has become impossible due to the actions (inaction) of the student. The grounds and procedure for unilateral termination by the educational organization of the contract in question must be defined in the contract itself.

If an educational organization has ceased its activities, lost state accreditation or the validity of the certificate of state accreditation has expired, as well as if the license of this organization has been revoked, this educational organization is obliged to fully reimburse the cost of paid educational services paid by the customer for the implementation of the relevant educational program. In the listed cases, educational institutions are obliged to compensate for losses in the manner established by civil law (it is possible to apply the norms of the Civil Code of the Russian Federation on the paid provision of services, as well as the application by analogy of the norms on a work contract.

Responsibility for poor quality education

According to Part 7 of Article 28 of Law No. 273-FZ, an educational organization is responsible for the implementation of educational programs in accordance with the curriculum of the educational process, which is not carried out in full. In addition, the educational organization is responsible for the life and health of students and workers during the educational process, as well as for the quality of education of its graduates. Specific measures of responsibility new law does not define, indicating only the possibility of applying administrative liability in accordance with the Code of the Russian Federation on Administrative Offences. In case of provision of low-quality services, it is possible to apply the norms of the Civil Code of the Russian Federation on the provision of paid services. as well as the application by analogy of the rules on work contracts (see Article 783, as well as Articles 721 and 723 of the Civil Code of the Russian Federation). The courts also generally take the position that the specified norms of the Civil Code of the Russian Federation should be applied to the contract for the provision of educational services for a fee.

Law No. 273-FZ defines the grounds and procedure for compensation for damage caused by the provision of low-quality education.

Thus, if the fact of poor-quality provision of educational services is established, the student will be able to demand:

elimination of deficiencies free of charge within a reasonable period of time (for example, this may be expressed in providing him with the opportunity to re-take training);

a proportionate reduction in the price set for services;

reimbursement of their expenses for eliminating deficiencies, if such a right is expressly provided for in the agreement on the provision of educational services.

In the case of graduates, holding them accountable for poor quality education appears to pose practical difficulties. This is due, first of all, to the impossibility of monitoring the knowledge of graduates who are already outside the educational process.

It appears that the student also has the right to compensation for moral damages.

In addition, the new Law stipulates that for violation or illegal restriction of the rights and freedoms of students, violation of requirements for the implementation of educational activities or the educational process, the educational organization (its officials) will bear administrative responsibility. Such responsibility is provided, in particular, by Art. Art. 5.57, 19.30 Code of Administrative Offenses of the Russian Federation.

There is no provision on compulsory liability insurance for educational organizations in Law No. 273-FZ.

Sample (standard form) of an education agreement

Approved

by order of the Ministry of Education

and science of the Russian Federation

Source: http://advocatshmelev.narod.ru/dogovor-ob-obrazovanii.html

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Before moving on to consideration of the conditions (information) that must be contained in an agreement on the provision of paid educational services, we should dwell on the main aspects characterizing the legal nature of this type of agreement and its main elements (in particular, the parties, subject, form, price, term and the main content of the contract).

An agreement on the provision of paid educational services is one of the types of civil law agreement for the provision of paid services. Relations arising as a result of its conclusion are regulated by the Civil Code of the Russian Federation (in particular, the norms of Chapter 39 “Paid provision of services”), the legislation of the Russian Federation on education, the Law of the Russian Federation “On the Protection of Consumer Rights”, as well as other relevant by-laws and local standards educational organizations.

The agreement on the provision of paid educational services is mutual, paid and consensual. Reciprocity is expressed in the fact that each of the parties to the contract has both certain rights and bears specific responsibilities. Remuneration of this agreement lies in the presence of a counter-provision - the obligation of the contractor to provide educational services corresponds to the counter-obligation of the consumer to pay for these services. Consensual(from lat. consensu s - general agreement, consent) is a contract, for the conclusion of which it is sufficient for the parties to agree on all its significant conditions. The agreement on the provision of paid educational services is bilateral. This means that it requires a concerted will to conclude it two sides agreement, aimed at achieving the relevant goal and expressed in mutual rights and obligations.

Parties contracts for the provision of paid educational services are the executor and the consumer. In the face performer may act as state and municipal educational institutions, non-state educational organizations, citizens engaged in individual labor pedagogical activity, providing paid educational services for the implementation of basic and additional educational programs of preschool, primary general, basic general and secondary (full) general, as well as primary vocational, secondary vocational, higher vocational and postgraduate vocational education. By consumers may be organizations or citizens (citizens of the Russian Federation, Foreign citizens, stateless persons residing on the territory of the Russian Federation) who intend to order, or order educational services for themselves or minor citizens, or receive educational services in person. It should be noted here that the concept of “consumer” is generalized (broad) and is considered from the point of view of legislation on education, since in the Law of the Russian Federation “On the Protection of Consumer Rights” it contains slightly different characteristics, which will be discussed below.

When the consumer under the contract is an individual who orders and receives educational services for himself personally, no additional nuances arise in the classification of the legal nature of the contract for the provision of paid educational services. Such nuances occur when consumers are persons who order (intend to order) educational services, but do not personally receive them. According to established practice, persons who intend to order or order educational services, but do not receive them personally, are called customers . Customers can be both legal entities (for example, employers paying for training and advanced training for their employees) and individuals (for example, parents (legal representatives) of a child who will be the direct recipient of the ordered educational services). Characteristics of the legal nature of contracts in which the customer, who purchases but does not consume paid educational services personally, acts on the same side as the direct consumer of these services, is of significant importance in terms of applying the norms of the Law of the Russian Federation “On the Protection of Consumer Rights”, so we will consider it in more detail .

An agreement in which the customer is a legal entity purchasing paid educational services for its employees should be considered as a bilateral agreement concluded between the contractor and the consumer-customer. in favor of a third party. The third party under such an agreement will be an employee of the customer legal entity. The third party is not an independent party to the contract; it occupies a position participant agreement acting on the same side with the consumer - a legal entity. Proof that the third party in this agreement is not an independent party is the lack of compliance with the principle of reciprocity of rights and obligations of all parties to the agreement, since the regulation of mutual rights and obligations arising between the customer, a legal entity, and its employee remains outside the scope of the agreement. As a party to the contract, a third party employee has a number of rights and bears certain responsibilities. Yes, in particular , according to the norms. 430 of the Civil Code of the Russian Federation (“Agreement in favor of a third party”):

A third party employee has the right to demand that the contractor fulfill obligations in his favor;

From the moment a third party employee expresses his intention to exercise his right under the contract (for example, to begin training), the parties cannot terminate or change the contract they have concluded without his consent;

The contractor has the right to raise objections against the demands of a third party-employee that he could raise against the consumer-customer (for example, the contractor has the right to refuse to provide educational services to the employee if the consumer-customer fails to pay for them).

Other citizens in whose favor the legal entity purchases educational services may also act as third party parties to the agreement. An agreement under which the customer is an individual ordering educational services for citizens who have full legal capacity (the ability to acquire and carry out civil rights, create civil obligations for oneself and fulfill them), and minors aged 14 to 18 years will also constitute a bilateral agreement in favor of a third party. In order to obtain the legal status of a third party party to an agreement on the provision of paid educational services, a minor will need the written consent of his parents (legal representatives) to conclude it.

An agreement must be distinguished from an agreement in favor of a third party about execution to a third party. when the parties do not intend to provide the latter is right independent demand for the execution of an agreement in their favor, as well as other rights and obligations that third parties have under an agreement concluded in their favor. It appears that the agreement on the provision of paid educational services to a minor. under 14 years of age (to a minor). is just such a contract. This position is confirmed by the norms of the Civil Code of the Russian Federation, in particular, Part 1 of Art. 28 of the Code, which states that all transactions of minors (with certain exceptions) are carried out on their behalf only by their parents (legal representatives). In part 2 art. 28 of the Civil Code of the Russian Federation contains an exhaustive list of transactions (a contract is a type of transaction) that minors (aged 6 to 14 years) can make independently. Agreement on the provision of paid educational services in this list is not specified, therefore, a minor citizen cannot act either as an independent party to this agreement, or as a participant - a third party who has independent rights and obligations. In our opinion, a minor in this type of contract occupies the position participant in contractual relations. In connection with the above, we believe that an agreement on the provision of paid educational services to a minor under the age of 14, as well as an agreement in favor of a third party, should be settled as bilateral.

Subject of any contract are its essential conditions, which are necessary and sufficient for concluding a contract (Part 1 of Article 432 of the Civil Code of the Russian Federation). In order for a contract to be considered concluded, all its essential terms must be agreed upon. The contract will not be concluded until at least one of its essential conditions is agreed upon. The subject of the contract must have a number of characteristics characterizing it, in particular: certainty, possibility of implementation, permissibility. The subject of the contract we are considering is paid educational services, the result of which does not have a materialized form and consists in the acquisition by students of a certain level of education (knowledge). As the subject of a contract, educational services have all of the above characteristics:

They have a certain character (this may include the name of educational disciplines, volume of classes, deadlines, etc.);

They are characterized by the possibility of implementation (in particular, the implementation by the parties to the contract of their rights and obligations);

They are characterized by permissibility (there are no prohibitions (not to be confused with restrictions!) on the right to provide paid educational services).

TO essential conditions Agreements for the provision of paid educational services include:

Conditions about the subject (level and focus of basic and additional educational programs, list (types) of educational services);

Conditions on the price of the contract (cost of educational services, form and procedure for their payment);

Conditions on the timing of the provision (mastery) of educational services.

The agreement on the provision of paid educational services is concluded in simple writing and is compiled, as a rule, in two copies, equal in their legal force, one of which is located with the performer - an educational organization, and the other - with the consumer. If an agreement is concluded in favor of a third party, a third copy is drawn up and kept by that party to the agreement. As a rule, each educational organization, taking into account the specifics of the educational activities being implemented, develops its own forms of contracts for the provision of paid educational services. The Ministry of Education of the Russian Federation has approved sample forms of contracts for the provision of paid educational services in the field of vocational education (Order of the Ministry of Education of the Russian Federation dated July 28, 2003 No. 3177) and in the field of general education (Order of the Ministry of Education of the Russian Federation dated July 10, 2003 No. 2994). Before signing the agreement, you should carefully read its approximate form. You can ask for the contract form and carefully, slowly, study it, and if necessary, consult with a specialist. It is advisable to write down all questions that may arise when reading the contract. separate sheet paper, and at a second meeting with the administration educational institution discuss them. If the contract does not include all essential terms or conditions that do not comply with current legislation, do not rush to make hasty conclusions and make accusations against the educational institution. Some of the essential conditions are not included in the text of the agreement due to the fact that they are set out in the charter (regulations) or other local acts of the educational organization. In this case, the agreement must necessarily contain a condition on the need for its parties to comply with the provisions of the charter or local act of the educational organization. The conclusion that the terms of the contract do not comply with current legislation must be reasoned and supported by references to the relevant regulatory legal acts. Before pointing out inconsistencies in the contract discovered by the consumer, it makes sense to consult with a specialist competent in this matter.

Price in an agreement on the provision of paid educational services (in this case we are talking about the cost of educational services) is its essential condition, without reaching mutual agreement on which the agreement will be considered not concluded. The cost of training in the provision of paid educational services is determined arbitrarily and consists of the costs of educational process(this includes payment for teaching (pedagogical) staff, technical personnel, rental, tax, utility and other payments, maintenance of material and technical base educational institution and other expenses). Payment for training must be made in rubles - this is a requirement determined by Federal Law of December 10, 2003 No. 173-FZ “On Currency Regulation and Currency Control” and the relevant ones issued on its basis, regulatory documents. Educational organizations have the right to determine the cost of educational services in relation to any foreign currency. This right is enshrined in Art. 317 Civil Code of the Russian Federation. A monetary obligation may stipulate that it is payable in rubles in an amount equivalent to a certain amount in foreign currency or in conventional monetary units. In this case, the amount payable in rubles is determined at the official exchange rate of the relevant currency or conventional monetary units on the day of payment, unless a different rate or another date for its determination is established by law or by agreement of the parties. An estimate may be drawn up for the provision of educational services provided for in the contract. Drawing up such an estimate at the request of the consumer or contractor is mandatory. In this case, the estimate becomes part of the contract.

In accordance with the legislation of the Russian Federation, a person paying for educational services under a contract must be issued an appropriate supporting document. The type of document depends on the form in which payment is made. This can be in a non-cash form - by transfer Money through a banking institution. In this case, confirmation of payment will be bank receipts and copies of payment orders (preferably with a bank mark on execution) regarding the transfer of these funds to the appropriate bank account of the educational organization. If a cash form of payment is chosen, for example, by depositing funds into the cash desk of an educational organization, then the fact of payment will be confirmed by a cash receipt, as well as a cash receipt order.

Term in an agreement on the provision of paid educational services, it consists of three components: the validity period of the agreement itself, the period for the parties to fulfill their obligations under the agreement, the period for the provision (mastery) of educational services that are the subject of the agreement. The validity period of the contract itself and the terms for the provision of educational services (these terms are contained in documents regulating the educational process - in educational programs, curriculum etc.) are established by regulations of the relevant competent authority in the field of education. The deadlines for fulfilling obligations may be established at the discretion of the parties to the agreement.

Content An agreement for the provision of paid educational services consists of its terms, which determine the rights and obligations of the parties to the agreement, and if the agreement is concluded in favor of a third party, also the rights and obligations of the latter. Implementing the principle of freedom in concluding an agreement established by civil law, the parties can enter into an agreement both provided for by laws (other legal acts) and not provided for by them. The terms of the agreement are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts. In this case, the agreement must comply with the rules obligatory for the parties, which are established by law and other legal acts in force at the time of its conclusion.

An agreement on the provision of paid educational services must contain the following information:

Full name of the performer, including legal form, nature of activity and status (type) or last name, first name, patronymic, information on state registration as individual entrepreneur a citizen engaged in individual labor teaching activities;

Location of the performer (legal and actual address);

An indication of the license giving the right to carry out educational activities (indicating the number, validity period, registration authority) - for legal entities;

Indication (including indication of the number, validity period and accrediting body) of the certificate of state accreditation (if the educational organization is accredited), - for legal entities;

Last name, first name, patronymic of the person acting on behalf of the executor - a legal entity, and the document (charter, regulations, power of attorney) on the basis of which it acts;

Last name, first name, patronymic of the consumer (customer, minor student) and passport data (birth certificate data for minors);

Level and focus of basic and (or) additional educational programs;

List (types) of educational services provided - both basic and additional;

Form of education (full-time, part-time (evening), part-time, external, etc.);

A document of what level (degree) of education will be issued to a person who personally consumes educational services after successful completion of the relevant educational programs, successful final certification in the prescribed manner (this information is indicated if the provision of educational services is accompanied by a final certification and the issuance of a corresponding document on education) ;

Terms of provision (mastery) of educational services and validity of the contract itself;

The cost of educational services (training) (both basic and additional), the form and procedure for their payment;

Rights and obligations of the parties to the agreement (when the agreement is concluded in favor of a third party, also his rights and obligations)

procedure for changing and terminating the contract;

Responsibility of the parties to the contract.

So, having familiarized yourself with the proposed agreement on the provision of paid educational services and having reached an agreement with the educational organization on all the essential terms of the agreement, you can safely sign the document. If any disagreements arise in connection with the conclusion of the contract, the consumer can ask the contractor to resolve these disagreements by drawing up additional agreement, which will be an integral part of the contract. In practice, the question often arises: what to do if the contractor does not agree to change, supplement or properly adjust those terms of the contract that, in the consumer’s opinion, contain violations and (or) limit freedom of expression? Of course, the consumer has the right to refuse to conclude an agreement, but such a provision is unlikely to be acceptable, because refusal to sign an agreement will also entail a refusal to provide the consumer with the necessary educational services. What to do in such situations. You can sign an agreement on the proposed terms and immediately contact the relevant authorities to protect the violated consumer rights. How to do this correctly and where exactly to go will be discussed in the next chapter of this manual.

1. The education agreement is concluded in simple written form between:

1) an organization carrying out educational activities and a person enrolled in education (parents (legal representatives) of a minor);

2) an organization carrying out educational activities, a person enrolled in training, and an individual or legal entity that undertakes to pay for the education of the person enrolled in training.

2. The education agreement 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), the form of education, the duration of the educational program (duration training).

3. The education agreement, 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 on 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 covering 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 targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of students.

6. The education agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted applications for admission to study (hereinafter referred to as applicants), and students or reduce the level of guarantees provided to them in comparison with the conditions established by legislation on education. If conditions limiting 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 established by this Federal Law for termination of educational relations at the initiative of an organization carrying out educational activities, an agreement on the provision of paid educational services may be terminated unilaterally by this organization in the event of delay in payment of the cost of paid educational services, as well as in the event that due 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.

9. The rules for the provision of paid educational services are approved by the Government of the Russian Federation.

10. Sample forms of education agreements for the main general education programs, educational programs of secondary vocational education and additional general education programs are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education. Sample forms of agreements on higher education are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field higher education. The approximate form of an agreement on additional professional education is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of general education.

1. The education agreement is concluded in simple written form between:

1) an organization carrying out educational activities and a person enrolled in education (parents (legal representatives) of a minor);

2) an organization carrying out educational activities, a person enrolled in training, and an individual or legal entity that undertakes to pay for the education of the person enrolled in training.

2. The education agreement 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), the form of education, the duration of the educational program (duration training).

3. The education agreement, 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 on 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 covering 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 targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of students.

6. The education agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted applications for admission to study (hereinafter referred to as applicants), and students or reduce the level of guarantees provided to them in comparison with the conditions established by legislation on education. If conditions limiting 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 carrying out 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 of the cost of paid educational services, as well as in the event if 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.

9. The rules for the provision of paid educational services are approved by the Government of the Russian Federation.

10. Sample forms of education agreements are approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.

Magazine " Professional education and the labor market"

01.05.2014

Federal Law No. 273-FZ of December 29, 2012 “On Education in the Russian Federation” (hereinafter referred to as the Education Law), which entered into force on September 1, 2013, contains provisions on the agreement for the provision of educational services. Previously, the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” did not regulate the content, conclusion and termination of an agreement on the provision of educational services, but only indicated that paid educational services are provided on a contractual basis.

The new law on education contains important changes that must be taken into account when concluding agreements on the provision of paid educational services to all educational organizations.

Let's consider the legal nature of the contract for the provision of paid educational services, what type of contract it belongs to, from what moment it is considered concluded, as well as what conditions are mandatory taking into account changes in legislation.

The education agreement refers to the contract for the provision of paid services, which is the subject of Chapter 39 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

According to paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, under a contract for the provision of paid services, 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. Clause 2 of Art. 779 of the Civil Code of the Russian Federation directly provides that the rules of Chapter 39 of the Civil Code of the Russian Federation apply to the agreement on the provision of educational services.

Thus, Chapter 39 of the Civil Code of the Russian Federation contains general norms on the education agreement, and Art. 54 laws are special.

The education agreement is a consensual agreement, that is, it is considered concluded from the moment the parties reach an agreement on all essential terms.

In accordance with paragraph. 2 p. 1 art. 432 of the Civil Code of the Russian Federation, the conditions on the subject of the contract, the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.

The first essential condition of the education agreement is its subject. The subject of the education agreement is paid educational services. According to paragraph 1 of Art. 101 of the law, paid educational services represent the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under agreements for the provision of paid educational services. Clause 2 of Art. 54 of the law specifies the subject of the agreement, imperatively stipulating that the agreement must indicate the type, level and (or) focus of the educational program. Thus, the condition on the subject of the education agreement will be considered agreed upon by the parties only if the type, level and (or) focus of the educational program is indicated in the agreement.

Further, the education law specifies other essential terms of the contract for the provision of paid educational services, namely: the form of education, the period of completion of the educational program (duration of study), the full cost of paid educational services and the procedure for their payment (clauses 2, 3 of Article 54 of the law) . We believe that these conditions are essential, since they are conditions that are named in the law as necessary for contracts of this type.

The requirement to indicate the full cost of education is related to the introduced ban on increasing the cost, which is a guarantee for students. Clause 3 of Art. 54 of the law establishes that an increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in cost 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.

Thus, from 01.09.2013, an agreement on the provision of paid educational services can be considered concluded only if it specifies: the type, level and (or) focus of the educational program (subject of the agreement), the form of training, the period for mastering the educational program (duration of training ), the full cost of paid educational services and the procedure for their payment. In the absence of at least one of these conditions, the contract is considered not concluded and does not entail legal consequences, and the amount paid under the contract is formally unjust enrichment of the educational organization, which must be returned to the student (Article 1102 of the Civil Code of the Russian Federation). Currently arbitrage practice there is no information on this issue, so it is difficult to say how the courts will resolve claims to recognize educational agreements as not concluded and the return of unjust enrichment; the possibility of refusal of a claim on the basis of the student’s abuse of his right is not excluded (Article 10 of the Civil Code of the Russian Federation). However, at present, the inattentive attitude of an educational institution to the forms of its contracts gives rise to such claims.

It is also necessary to keep in mind that, according to Part 4 of Art. 54 of the Law on Education, 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 on the date of conclusion of the contract. Let us recall that the law on education introduced information openness in the activities of educational organizations on September 1, 2013. Article 29 of the Law on Education establishes the obligation of all educational organizations to have their own official website on the Internet and publish on it the necessary information in accordance with the wide list provided for in paragraph 2 of Art. 29 of the law.

According to paragraph 6 of Art. 54 of the law, an education agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted applications for admission to study, and students or reduce the level of guarantees provided to them compared to the conditions established by the legislation on education. If conditions limiting 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. Such conditions are qualified by the courts as infringing on the rights of consumers (applicants, students). For including conditions in a contract that infringe on the rights of consumers, an educational organization may be held administratively liable.

Here are examples of contract terms recognized by courts as infringing on consumer rights:

• a condition of the contract obliging the applicant to purchase bank card(FAS Resolution Northwestern district dated 08/12/2010 in case No. A56-74250/2009);
• the absence in the contract of a condition on the calendar period of the study period depending on the form of study (full-time, part-time) and the qualification obtained (bachelor, specialist) (FAS Resolution Far Eastern District dated October 30, 2012 N F03-4821/2012 in case No. A37-224/2012);
• a condition of the contract on the right of the contractor to refuse to provide services in the event of non-payment for services in the absence of a condition on compensation for losses to the consumer (Resolution of the Federal Antimonopoly Service of the Far Eastern District dated October 30, 2012 No. F03-4821/2012 in case No. A37-224/2012).
• In addition, I would like to draw your attention to the fact that the provision of paid educational services is currently regulated by the Rules for the provision of paid educational services, approved by Decree of the Government of the Russian Federation of August 15, 2013 No. 706, and also approximate forms of education agreements have been approved:
• for educational programs of secondary vocational and higher education (Order of the Ministry of Education and Science dated November 21, 2013 No. 1267);
• additional educational programs (Order of the Ministry of Education and Science dated October 25, 2013 No. 1185);
• educational programs of primary general, basic general and secondary general education (Order of the Ministry of Education and Science dated 09.12.2013 No. 1315);
• educational programs for preschool education (Order of the Ministry of Education and Science dated January 13, 2014 No. 8).