Throughout all time, the education system and its reform are one of the priority areas of state activity. Education is an important tool thanks to which it is possible to confidently build the future of our state. Licensing issues of institutions implementing educational programs relate to issues of control of data of legal entities. In this regard, it is important to understand the nature of the license for training, what features it has, requirements for obtaining and recommendations.
Legal basis
Educational activity is necessarily subject to licensing in the manner established by the Federal Law “On Licensing of Certain Types of Activities”, while the features of this sphere of life established by Article 91 of the Federal Law “On Education” are taken into account. In addition, there is a special document, this is the Decree of the Government of the Russian Federation “On the licensing of educational activities”. These regulations impose certain requirements for the implementation of both basic and additional education, and also establish the procedure for obtaining a training license. These requirements primarily relate to the characteristics of infrastructure, personnel, as well as training resources, technical support of buildings. The importance of adopted normative acts is determined primarily by the state’s concern for the health and safety of students. The right of citizens to receive a quality education, the exercise of civil rights established by the Constitution of the Russian Federation is being realized.
What is a license and licensing?
Before talking about the license for training, you need to understand what it is, licensing and a license. Licensing is the activity of authorized licensing bodies to provide, reissue, extend the validity of a license. Licensing control is also carried out, the license may be suspended, renewed, terminated, and the license may also be terminated. Authorized bodies are required to maintain a register in which organizations that have received or lost their licenses are marked.
By law, a law means a specially issued permit, which gives the right to carry out a specific type of activity if the licensing requirements and conditions issued by the organization’s licensing body or individual entrepreneur are necessarily observed.
Who needs a license?
A very important question is what kind of training license is needed. In this regard, we list the types and forms of education that need licensing:
- Organizations that carry out educational activities for higher education.
- Professional educational organizations implementing secondary vocational education programs in the fields of defense, internal affairs, security, nuclear energy, communications and transport, and other industries established by the Government of the Russian Federation.
- Russian educational institutions that are located outside the borders of the state.
- Educational organizations that are formed in accordance with the norms of the international treaty, institutions that provide training for consulates and diplomatic missions in an international organization.
- Foreign educational institutions that operate within a branch on the territory of Russia cannot operate without permission.
Who does not need a license?
Do I need a license to train entrepreneurs, lecturers? The law also answers this question by establishing a list of organizations that do not need permission.
A license is not required for individual entrepreneurs who do not attract hired workers, but implement their work directly. At the same time, special permission is not needed for organizations and institutions located on the territory of the Skolkovo center. Work on the provision of seminars, some consultations, one-time lectures does not require permission.
Who issues the permit?
The specially authorized body that has the right to issue a permit is the executive authority that exercises control and supervision functions in the field of education, or such an authority that operates at the level of a constituent entity of the Russian Federation. This competent authority is the Federal Service for Supervision in Education and Science, otherwise it is called Rosobrnadzor. Obtaining a license for training takes place in these bodies. It is noteworthy that there are such types of education that receive permission exclusively in Robernadzor, for example, activities to provide higher education.
Stages of obtaining permission
How can an enterprise obtain a license for training? The general procedure for licensing educational activities consists of several stages:
- Submission of documents is the main stage in this work, its significance is that the applicant provides evidence and arguments confirming the compliance of the work with all the requirements of the law.
- Making a decision on the application, at this stage the documents and the application are considered, only the competent executive authority is involved. He must verify the accuracy and accuracy of the documents submitted, the official must evaluate whether the applicant is able to fully and correctly carry out his work. The license is ultimately issued after verification by an expert commission that draws up an inspection certificate of the institution and accepts the documents necessary to obtain a permit.
- The final stage is the granting of a training license in the event that the decision is positive. The stage is special and represents the giving of an official opinion on the results of the verification and consideration of the application. In the event that a positive decision is made, the organization or individual entrepreneur receives documents that confirm the right to engage in a specific type of educational activity. If the decision is negative, the competent authority makes a reasoned decision explaining the reasons for the refusal.
The methods for obtaining a training license may vary depending on the forms and types of training. We examined the general procedure, the features are regulated by separate regulatory acts.
Organization Requirements
We examined when a license is needed for training, by whom and to whom it is issued, in what order, but we did not note what requirements are presented to applicants.
- The presence of buildings, structures, premises and other territories that are necessary for the implementation of their work. For example, it is necessary to build forensic laboratories, a computer class, and other facilities necessary for conducting experiments, research, and practical exercises.
- Availability of modern material and technical support, equipment with which an educational program can be implemented.
- The presence of educational programs developed and established by the management that comply with the Federal Law "On Education" and other standards.
- The presence of a full sanitary and epidemiological conclusion on the compliance of buildings, structures and structures with sanitary standards.
- Creation by the institution of conditions for the safe education of citizens, that is, it is necessary to create conditions that will be aimed at preserving the life, health of citizens, as well as the moral and psychological state.
These are general requirements, depending on the features of the program, focus, specialty, form of education, the law provides for individual requirements.
Documents for a license
First of all, the applicant needs to draw up an application for permission and collect the documents that make up the application. The law indicates that as an application you need:
- A document confirming the legal right to use property.
- Articles of association.
- Numbers and USRLE sheets, or USRIP.
- Certificate of tax accounting.
- Conclusions of the sanitary and epidemiological instance, as well as the fire inspection.
- Information about employees and employees interacting with students.
- Certificate of availability and inventory of material technical support.
- Educational programs.
- Information about electronic systems, literature, electronic resources.
What needs to be done before submitting documents?
It is important to know what the organization needs to do before bringing the documents for the license.
- First of all, you need to study the sanitary and epidemiological standards that apply specifically to your specific work.
- Prepare all rooms in accordance with these standards, the requirements of the fire inspection.
- Obtaining permission both in the fire department and in the sanitary-epidemiological services.
- Develop educational programs in accordance with the law, approve them.
- Recruit a teaching staff in which each employee has education, qualifications, and work experience.
- The acquisition of the necessary equipment, furniture, machinery, literature and other objects necessary for the implementation of their work.
- Payment of duty.
- Submission of documents to the licensing authority.
Education without a license
For the provision of training without a license, the law provides for administrative, tax, as well as criminal liability. The punishment can begin with 500 thousand and end with 5 years in prison. Of course, such punishment is used very rarely in practice, but such cases do occur. Among the significant disadvantages of working without a license are:
- There are no incentives or benefits when participating in auctions for rental of property owned by the municipality.
- A document issued upon receipt of education is invalid.
- As a general rule, a student can apply for a tax deduction, if there is no license, then there will be no deduction.