As stated in paragraph 6 of Article 33 of the Law of the Russian Federation “On Education”, an educational institution begins to use the right to conduct activities in the field of education, as well as all legal benefits, from the moment it is licensed. But why precisely did the government decree establish educational activity licensing? Let's try to figure it out.
What is the point of issuing licenses?
By what criteria is this or that activity licensed? One reason is the hypothetical possibility of harm legitimate interests rights, health or morality of citizens, as well as state security or defense.
Therefore, the decision on the licensing of educational activities indicates the need for examination for compliance with the conditions in which the educational process is conducted, with all the requirements for construction, sanitary, hygiene and other norms and rules.
Requirements, in addition, are presented to the equipment of study rooms, the availability of necessary equipment for study, staffing of teachers and the proper level of their qualifications.
The state takes care of our rights
Need licensing law educational activities are dictated by legal practice. This shows the state’s concern for the health and safety of students, their right to receive a high-quality education and, in general, to exercise civil rights established by the Constitution.
The issuance of a license to an institution giving the right to conduct educational activities gives it a status that implies certain rights and obligations, as well as responsibility in accordance with the law on education. The term "educational legal capacity" refers to the competence of an individual or legal entity to conduct such activities.
At the same time, a legal entity has civil legal capacity from the moment of state registration. Thus, licensing is an act of expanding, and not limiting (as you might think) the legal capacity of the organization.
What programs are licensed for educational activities?
Subject to licensing activities educational institution non-governmental character in the field of training in various programs. These are programs of preschool, general and additional education. The general, in turn, is primary and secondary (complete). License applicants can be all organizations planning educational activities, regardless of their legal and organizational form.
Licensed non-state educational institution has the ability to exercise the rights listed in the appendix to it. The most important of them is the right to issue to graduates who have been successfully certified upon completion of training a document on education. Its form is established in the institution itself, the document is subject to certification by a seal.
Licensing of educational activities - where to expect the trick?
From a legal point of view, the strength of such a document is not certain. The main problem is the lack of educational opportunities for the next level in a municipal or state institution.
In connection with this provision, there was much debate about the possible violation of the constitutional right of citizens to education. Having examined the issue, the Constitutional Court of the Russian Federation concluded that the legal status of documents issued by non-governmental educational institutions.
It was decided that persons who received such a document could be certified externally in institutions with state accreditation. This option was offered to graduates as an alternative to their free choice of education option. Based on the results of such certification, a state-issued document may be issued.
When there is a license, but no accreditation ...
An educational institution that conducts the educational process according to the obtained license, but which does not yet have state accreditation, from a legal point of view, cannot be held responsible for the quality of the educational process (except for the administrative one when the license is canceled).
From all this it follows that the procedure for the final certification of students of non-state-accredited institutions of general education should be finalized in the direction of passing the certification procedure in a "foreign" school that has the right to do so. After all, actually responsibility for the quality of education graduates fall on the teachers of the school, which did not teach them.
Thus, the issue of licensing educational activities has not yet been fully worked out.
Model position - how important is it?
Having received a license for educational activities, the institution acquires a number of additional responsibilities. They relate to the general requirements for student enrollment, the organization of the educational process, the implementation of various educational programs in accordance with the law. The main of these requirements are spelled out in the Model Regulation for Educational Institutions.
However, the issue of mandatory submission to the Model Regulations is a matter of discussion. The same paragraph 2 of it states that for non-governmental institutions it has the status of exemplary.
What exactly must be observed
This Model Regulation prescribes the requirements for the organization of institutional activities and the educational process, including on class completion, study hours and other indicators of the educational process that are directly related to the rights and obligations of educators, students and parents. Therefore, the data included in the Charter of an educational institution should not contradict the Model Regulation.
Upon receiving a license, the institution acquires additional responsibilities related to the implementation of its requirements. In case of violation of these conditions, the department of licensing of educational activities may withdraw this license, as provided by the law on education.
Not so scary
It is believed that the withdrawal of a license is automatically followed by the liquidation of the educational institution as such - due to the loss of the possibility of the declared activity, i.e. the educational process. But in fact, the question is not posed in this way, because an economic entity has the right to engage in other activities that do not require compulsory licensing.
A non-profit organization, such as an educational institution, can be created with the aim of achieving alternative goals - social, cultural, charitable, scientific and others. When creating an organization, it makes sense to take care in order to consolidate in its constituent documents other types that do not require licensing of educational activities.
