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Paid educational services: organization, quality and rules of provision

Recently, the concept of "educational services" is used quite often. Most people have an idea of ​​what it means. Educational services are the services provided by educational institutions. In the legislation, however, this concept is not officially disclosed. It does not contain a definition either in Federal Law No. 273 or in other normative acts. The lack of a clear wording in the law entails a number of problems. Most of them are related to regulation. We will examine further what educational services are and how they are implemented. educational services

General information

Education is considered a focused process of training and education of the individual in the interests of the person himself, the state and society. It is accompanied by a statement of the individual's achievement of certain levels of knowledge. The concept of services in the general sense is fixed by the Tax Code. According to the code, they are considered actions whose results have no real expression, are implemented and used in the process of their implementation. By combining the concepts, we can derive the following wording:indication of educational services - activities, the result of which is the achievement by individuals of a certain level of training and education.

The problem of legal interpretation

The above definition quite adequately describes the essence of educational services. However, as mentioned above, in practice there is a problem in the application of legal norms to this field of activity. Under civil law, services are usually reimbursable. This means that the activities of the contractor are carried out for a fee. In this case, the interaction between him and the customer is fixed by agreement. State educational services are implemented under the GEF. They are free of charge. The process of training and education cannot be fully identified with the provision of educational services.

Classification

Everything educational services systematized and fixed in OKUN. The All-Russian classifier contains lists of groups, subgroups and activities. Currently, there are services in the systems:

  1. Preschool education.
  2. Secondary education.
  3. Technical personnel training.
  4. Higher education.
  5. Training in courses, including foreign languages, transport management and so on.

The provision of educational services carried out by special institutions, as well as private teachers, tutors. Each level has its own institution. For example, pre-school education is carried out in Kindergarten, citizens receive higher education in universities. paid educational services

Main and additional programs

This distinction provides for Federal Law No. 273. The main educational services implemented within the framework of standards. They are approved by authorized federal bodies and administrations within their competence. Additional programs have a different focus. They are implemented:

  1. In educational institutions of general and vocational training outside the framework of the main programs that determine their status.
  2. In continuing education courses, in vocational guidance centers, in art, music schools, in art houses and other licensed institutions.
  3. As part of individual pedagogical activity.

It is worth saying that GEFs can be installed according to some additional programs.

Organization of educational services

As mentioned above, the activities of educational institutions can be carried out on a fee and free basis. In the latter case educational services financed by the budget (federal, municipal, regional). Training is carried out exclusively under the main programs within the framework of the GEF. The main feature of the activity is that educational contract it is not issued free of charge. The provisions of the Civil Code, as well as the Federal Law "On Protection of Consumer Rights", do not apply to legal relations arising between the contractor and the recipient. The interaction of the participants in the process is regulated only by normative acts regulating the pedagogical sphere.

Financing Issues

In Soviet times, domestic education was a holistic system. Funding was provided from the state budget. However, with the country's transition to a market model of management, the situation has changed somewhat. As a result, educational institutions were divided into public and private. Accordingly, the procedure for financing has changed. Currently, it has a multi-level nature. Funds in state educational institutions come, in particular, from the federal, municipal or regional budgets. Commercial entities can independently establish a financing scheme. The reforms that have taken place have undoubtedly affected consumers of educational services. As a result, many are forced to state that the gratuitousness and accessibility of education today are a big question. educational services

Constitutional provisions

The Basic Law establishes the key rights of citizens. The Constitution, fixing them, acts as the guarantor of their implementation. The Basic Law proclaims free and accessible education. The latter should be understood as the ability of any person in the country, regardless of his race, gender, religion, social status and other circumstances, to undergo training in the main programs under the GEF. The constitution guarantees the accessibility and free availability of pre-school, school and secondary vocational education in budgetary institutions. If we talk about universities, then they have a competitive system. This means that only some of the applicants entering budgetary institutions can receive a free education.

Inconsistency of norms

As mentioned above, educational services of preschool educational institutions, schools, and vocational training institutions are affordable and free of charge. The current Federal Law No. 273 to some extent expands the provisions of the Constitution. In particular, in article 5 (paragraph 3), it is specified that pre-school, primary and basic general, full (secondary), as well as primary vocational training are free and publicly available. Also, the normative act states that to receive free secondary, higher, postgraduate vocational education is available to citizens on a competitive basis in municipal and state. institutions within the framework of GEF, if a person enters them for the first time. Lawyers perceive a certain contradiction in these legal norms. The Constitution establishes the general accessibility and gratuitousness of secondary vocational education. Federal Law No. 273 guarantees its gratuitousness only on a competitive basis. Moreover, there is no indication of general accessibility in the Law. In the Constitution, in article 43, the condition for receiving education is not mentioned for the first time. It is included in the Federal Law No. 273 when the first version of the act was adopted. It is worth saying that the Law came into force before the adoption of the Constitution. Accordingly, theeducational services could well be taken into account when developing 43 articles.

Exceptions

Federal Law No. 273, in addition to general ones, also provides for special educational services rules. They are established in article 50 of the normative act.In particular, the provisions of the Law stipulate that citizens of the Russian Federation can repeatedly receive vocational education for free if:

  1. They have a corresponding direction from the Employment Center.
  2. The opportunity to work in a previously acquired profession / specialty was lost.
  3. Occupational disease or disability established.

The list of exceptions is open. You should know that for the first time a citizen who has studied according to the basic program will not receive secondary vocational education at an advanced level and will not be considered as receiving a second secondary vocational education. rules for the provision of paid educational services

Preschool education

Its accessibility and free of charge are rather arbitrary today, since the amounts that parents transfer for the maintenance of their children in a preschool educational institution often exceed the required costs. Of course, legislation provides certain benefits for certain categories of people. Some parents are generally exempt from paying for the pre-school education of their children. However, in practice, such cases are extremely rare. Recently, private DOWs have appeared. They provide additional services for preschool children for a fee. Lawyers recommend that parents, before sending a child to kindergarten, find out what their money will be spent on. Basic educational services are provided by the DOE for free. Additional education and training programs can be implemented only with the consent of the parents and in a separate order. In this case, a contract is concluded with the DOW. It reflects all the conditions of a child's stay in kindergarten. DOU is not entitled to refuse to conclude an agreement with the parents or legal representatives of the child.

School

Primary, basic, complete education, implemented by the Federal State Educational Standard, municipal and state institutions, is currently publicly available. Funds for educating children from parents are not charged. However, there are several problems in this area. In particular, violations of the rules for admitting students to educational institutions are quite common. Often citizens are denied admission because they do not have permanent registration at the address of residence. This decision is valid in only one case. The administration of an educational institution may refuse such citizens if there are no empty seats. In such a situation, the municipal education department should provide parents with information about other institutions located in the given microdistrict / district. If the institution has free places, the administration is obliged to accept the child. educational services provided

Profile training

Today, in an effort to improve the quality of educational services, many schools are participating in an experiment to implement advanced programs. In particular, the so-called profile classes are formed. The preemptive right to enroll in them is:

  1. Graduates of the ninth grades with high GPA scores.
  2. Winners of federal, regional, district competitions in relevant disciplines.
  3. Holders of the diploma "For success in the study of subjects."
  4. Teens left without parental care, orphans.
  5. Graduates of 9 classes with a special certificate.

The specifics of retaliation

In the regulations governing the learning process, a concept such as "paid educational services". This supplement is used to distinguish between activities carried out on a paid and free basis. Moreover, if we are talking about budgetary institutions, the concept of" additional (paid) educational services". In the rules governing the work of commercial legal entities in the field of training, this indication is absent, since the collection of funds is assumed by default.

Rules for the provision of paid educational services

Compensatory activities in the pedagogical sphere can be carried out by all educational institutions. It can also be carried out by private practitioners. According to the law, educational services of educational institutions budget type may be reimbursable. They are sold at the expense of third parties. For example, it can be the money of sponsors, parents, other entities. In addition, educational services provided are beyond the scope of basic (compulsory) study programs. Their list is fixed in the charter. Non-governmental institutions can sell services both within the framework of the GEF, and beyond. state educational services

Characteristics of additional programs

The provision of paid educational services regulated by Federal Law No. 273. The regulatory act establishes that budget-type educational institutions can implement additional programs if they:

  1. Not included in compulsory curriculum lists.
  2. Funded by extrabudgetary funds.
  3. Not provided for GEF.
  4. Fixed in the charter.

Legal requirements

Educational services on a fee basis are provided to meet the relevant needs of citizens. They cannot be implemented in exchange for the main programs financed by budget funds. The list of paid services, as well as the procedure for their provision should be enshrined in the charter or provision of the institution. To implement additional training programs, the contractor concludes an agreement with the recipient. Paid services can be provided only at the request of the students themselves or their parents.

Nuances

Requirements for the provision of additional services, including the content of programs, special courses, are determined by agreement between the parties. They may be higher than those stipulated by GEF. In accordance with the concluded agreements, the administration of the educational institution issues an order. It provides:

  1. Rates of employees involved in the implementation of additional services.
  2. Schedule of employees.
  3. Cost estimate.
  4. Educational plans.
  5. States

If the activities of budgetary educational institutions that provide paid services are accompanied by the issuance of certificates to graduates, then it is subject to licensing in the manner prescribed by law.

Pedagogical, improving and developing work

Municipal and state educational institutions can carry out:

  1. Training in additional programs.
  2. Tutoring.
  3. Teaching special courses and cycles of disciplines.
  4. In-depth study of subjects.
  5. Training and retraining of employees and workers, as well as specialists at the appropriate levels.
  6. Organization of the work of different circles. For example, it can be groups for learning to play any musical instruments, dancing, photographing, etc.
  7. Creation of various studios, electives for introducing children to knowledge of world art, culture, folk crafts, etc.
  8. Formation of groups and development of teaching methods for children with developmental disabilities.

In addition, educational institutions can implement wellness services. For example, health promotion groups can be formed on the basis of an educational institution, where children will be engaged in swimming, aerobics, skating or skiing, gymnastics, rhythm, etc. educational contract

Important point

You need to know that in municipal and state educational institutions that provide educational services in the framework of budget financing, additional classes are not considered paid:

  1. According to the main programs in classes with fewer students than established by standards.
  2. At individual, group, optional classes, courses on the choice of students at the expense of the hours that are allocated for the development of basic disciplines.
  3. According to the main curricula and advanced programs in classes / schools with in-depth study of subjects. It is, in particular, about lyceums, gymnasiums, specialized DOW.

Paid are also not:

  1. Examinations externally.
  2. Additional lessons with underperforming.
  3. Counseling parents with a psychologist on staff of the educational institution.

Tutoring

This activity in OKUN belongs to the category of other educational services. Tutoring should be understood as classes of teachers with individual students to consolidate the main programs or for in-depth study of disciplines. As a rule, such activities are aimed at preparing for entering a university. Educational services can be provided by both educational institutions and private individuals. Citizens conducting such activities must register as an individual entrepreneur. To conduct individual lessons, you do not need to get a license.

It should be noted that in order to conduct such activities, it is necessary to conclude an agreement on educational services. If the private tutor does not have the status of an individual entrepreneur, then the agreement with him will be invalid. The consequences provided for by the Civil Code apply to such contracts. In addition, if a citizen carries out his activities without registration, he may be held administratively liable (Article 14.1 of the Code of Administrative Offenses). A fine is imposed for such an offense. Its size can be very significant. In order to guarantee the required amount of knowledge and not lose your money, you must conclude an agreement with the appropriate person. Currently, quite a lot of citizens offer tutoring services. Before signing the contract, you should study the documents that the person has.


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