Federal law on education in the Russian Federation of 29 12. Municipal budgetary institution city center of expertise, monitoring, psychological, pedagogical and informational and methodological support
1. Educational programs determine the content of education. The content of education should promote mutual understanding and cooperation between people, nations, regardless of racial, national, ethnic, religious and social affiliation, take into account the diversity of worldview approaches, promote the realization of the right of students to freely choose opinions and beliefs, ensure the development of the abilities of each person, the formation and development of his personality in accordance with the spiritual, moral and socio-cultural values accepted in the family and society. The content of vocational education and vocational training must provide qualifications.
2. In Russian Federation on the levels of general and vocational education, on vocational training, basic educational programs are implemented, on additional education - additional educational programs.
3. The main educational programs include:
1) basic general education programs - educational programs preschool education, educational programs of elementary general education, educational programs of basic general education, educational programs of secondary general education;
2) basic professional educational programs:
a) educational programs of secondary vocational education - training programs for skilled workers, employees, training programs for mid-level specialists;
b) educational programs of higher education - bachelor's degree programs, specialist's degree programs, master's programs, programs for the preparation of scientific and pedagogical personnel in postgraduate (adjuncture) studies, residency programs, assistant-internship programs;
3) basic vocational training programs - programs vocational training on professions of workers, positions of employees, retraining programs for workers, employees, advanced training programs for workers, employees.
4. Additional educational programs include:
1) additional general education programs - additional general developmental programs, additional pre-professional programs;
2) additional professional programs - advanced training programs, professional retraining programs.
5. Educational programs are independently developed and approved by the organization implementing educational activities if real federal law not otherwise established.
6. Educational programs for preschool education are developed and approved by the organization carrying out educational activities in accordance with the federal state educational standard for preschool education and taking into account the relevant exemplary educational programs for preschool education.
7. Organizations carrying out educational activities according to their state accreditation educational programs (with the exception of educational programs of higher education implemented on the basis of educational standards approved by educational organizations of higher education independently), develop educational programs in accordance with federal state educational standards and taking into account the relevant exemplary basic educational programs.
8. Educational organizations of higher education, which, in accordance with this Federal Law, have the right to independently develop and approve educational standards, develop appropriate educational programs of higher education on the basis of such educational standards.
9. Exemplary basic educational programs are developed taking into account their level and focus on the basis of federal state educational standards, unless otherwise provided by this Federal Law.
10. Exemplary basic educational programs are included, based on the results of the examination, in the register of exemplary basic educational programs, which is the state information system. The information contained in the register of exemplary basic educational programs is publicly available.
11. The procedure for developing exemplary basic educational programs, conducting their examination and maintaining a register of exemplary basic educational programs, features of the development, examination and inclusion in such a register of exemplary basic professional educational programs containing information constituting a state secret, and exemplary basic professional educational programs in areas of information security, as well as organizations that are granted the right to maintain a register of exemplary basic educational programs, are established by the federal executive body responsible for developing state policy and legal regulation in the field of education, unless otherwise provided by this Federal Law.
12. Authorized bodies are involved in the examination of exemplary basic general educational programs, taking into account their level and focus (in terms of taking into account regional, national and ethno-cultural characteristics). state power subjects of the Russian Federation.
13. The development of exemplary programs for the training of scientific and pedagogical personnel in postgraduate studies is provided by federal executive authorities and federal state bodies in which the legislation of the Russian Federation provides for military or other service equivalent to it, service in the internal affairs bodies, service in the troops of the National Guard of the Russian Federation, exemplary internship-assistance programs - the federal executive body responsible for the development of state policy and legal regulation in the field of culture, exemplary residency programs - the federal executive body responsible for the development of state policy and legal regulation in the field of healthcare.
14. In the cases established by this Federal Law, authorized federal state bodies develop and approve exemplary additional professional programs or standard additional professional programs, in accordance with which organizations engaged in educational activities develop appropriate additional professional programs.
15. In the cases established by this Federal Law and other federal laws, the authorized federal state bodies develop and approve exemplary vocational training programs or standard vocational training programs, in accordance with which organizations engaged in educational activities develop appropriate vocational training programs.
"On Education in the Russian Federation"
Date of signing: 29.12.2012
Publication date: 12/31/2012 00:00
CHAPTER 1. GENERAL PROVISIONS
Article 1. Subject of regulation of this Federal Law
1. The subject of regulation of this Federal Law are public relations arising in the field of education in connection with the realization of the right to education, the provision of state guarantees of human rights and freedoms in the field of education and the creation of conditions for the realization of the right to education (hereinafter - relations in the field of education).
2. This Federal Law establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, general rules the functioning of the education system and the implementation of educational activities, determines the legal status of participants in relations in the field of education.
Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts shall apply:
1) education - a single purposeful process of education and training, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain volume and complexity in order to intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;
2) upbringing - an activity aimed at developing the personality, creating conditions for self-determination and socialization of the student on the basis of socio-cultural, spiritual and moral values and the rules and norms of behavior accepted in society in the interests of the individual, family, society and the state;
3) training - a purposeful process of organizing the activities of students to acquire knowledge, skills, abilities and competencies, gain experience in activities, develop abilities, gain experience in applying knowledge in Everyday life and the formation of students' motivation to receive education throughout their lives;
4) level of education - a completed cycle of education, characterized by a certain unified set of requirements;
5) qualification - the level of knowledge, skills, abilities and competence, characterizing readiness to perform a certain type of professional activity;
6) federal state educational standard - a set of mandatory requirements for education of a certain level and (or) for a profession, specialty and area of training, approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education;
7) educational standard - a set of mandatory requirements for higher education in specialties and areas of training, approved by educational institutions of higher education, determined by this Federal Law or a decree of the President of the Russian Federation;
8) federal state requirements - mandatory requirements for the minimum content, the structure of additional pre-professional programs, the conditions for their implementation and the terms of study for these programs, approved in accordance with this Federal Law by authorized federal executive bodies;
9) educational program - a complex of the main characteristics of education (volume, content, planned results), organizational and pedagogical conditions and, in the cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, a calendar curriculum, work programs of educational subjects, courses, disciplines (modules), other components, as well as assessment and methodological materials;
10) an exemplary basic educational program - educational and methodological documentation (an exemplary curriculum, an exemplary calendar study schedule, exemplary work programs for subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education at a certain level and (or) a certain direction, the planned results of the development of the educational program, approximate conditions for educational activities, including approximate calculations of the standard costs of providing public services for the implementation of the educational program;
11) general education - a type of education that is aimed at developing the personality and acquiring, in the process of mastering the basic general educational programs, knowledge, skills, and the formation of competencies necessary for a person's life in society, a conscious choice of a profession and obtaining professional education;
12) vocational education - a type of education that is aimed at the acquisition by students in the process of mastering the basic professional educational programs of knowledge, skills, and the formation of competence of a certain level and volume, allowing them to conduct professional activities in a certain area and (or) perform work in a specific profession or specialty;
13) vocational training - a type of education that is aimed at acquiring by students the knowledge, skills and competencies necessary to perform certain labor, service functions (certain types of labor, service activities, professions);
14) additional education - a type of education that is aimed at the comprehensive satisfaction of the educational needs of a person in intellectual, spiritual, moral, physical and (or) professional improvement and is not accompanied by an increase in the level of education;
15) student - an individual who is mastering educational program;
16) a student with disabilities - an individual who has deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions;
17) educational activities - activities for the implementation of educational programs;
18) educational organization - a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for the achievement of which such an organization was created;
19) an organization providing training, - entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity;
20) organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs engaged in educational activities are equated with organizations engaged in educational activities, unless otherwise provided by this Federal Law;
21) a pedagogical worker - an individual who is in labor, service relations with an organization carrying out educational activities, and performs the duties of training, educating students and (or) organizing educational activities;
22) curriculum - a document that defines the list, labor intensity, sequence and distribution by periods of study of subjects, courses, disciplines (modules), practice, other types learning activities and, unless otherwise provided by this Federal Law, forms of intermediate certification of students;
23) individual curriculum - a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;
24) practice - a type of educational activity aimed at the formation, consolidation, development of practical skills and competence in the process of performing certain types of work related to future professional activities;
25) orientation (profile) of education - the orientation of the educational program to specific areas of knowledge and (or) types of activities, which determines its subject and thematic content, the prevailing types of educational activities of the student and the requirements for the results of mastering the educational program;
26) means of training and education - devices, equipment, including sports equipment and inventory, instruments (including musical ones), visual aids, computers, information and telecommunication networks, hardware, software and audiovisual means, printed and electronic educational and information resources and other material objects necessary for the organization of educational activities;
27) inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities;
28) adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons;
29) quality of education - a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement planned results of the educational program;
30) relations in the field of education - a set of public relations for the realization of the right of citizens to education, the purpose of which is the development by students of the content of educational programs (educational relations), and public relations that are associated with educational relations and the purpose of which is to create conditions for the realization of the rights of citizens to education;
31) participants in educational relations - students, parents (legal representatives) of minor students, teaching staff and their representatives, organizations carrying out educational activities;
32) participants in relations in the field of education - participants in educational relations and federal state bodies, state authorities of the constituent entities of the Russian Federation, local governments, employers and their associations;
33) conflict of interests of a teaching worker - a situation in which a teaching worker, in the course of his professional activities, has a personal interest in obtaining material benefits or other advantages and which affects or may affect the proper performance of professional duties by a teaching worker due to a contradiction between his personal interest and interests student, parents (legal representatives) of minor students;
34) supervision and care of children - a set of measures for the organization of nutrition and household services for children, ensuring their compliance with personal hygiene and daily routine.
Article 3. Basic principles of state policy and legal regulation of relations in the field of education
1. State policy and legal regulation of relations in the field of education are based on the following principles:
1) recognition of the priority of education;
2) ensuring the right of every person to education, inadmissibility of discrimination in the field of education;
3) the humanistic nature of education, the priority of human life and health, the rights and freedoms of the individual, the free development of the individual, the education of mutual respect, diligence, citizenship, patriotism, responsibility, legal culture, respect for nature and the environment, rational use of natural resources;
4) the unity of the educational space on the territory of the Russian Federation, the protection and development of ethno-cultural characteristics and traditions of the peoples of the Russian Federation in a multinational state;
5) creation of favorable conditions for the integration of the education system of the Russian Federation with the education systems of other states on an equal and mutually beneficial basis;
6) the secular nature of education in state, municipal organizations engaged in educational activities;
7) the freedom to choose education according to the inclinations and needs of a person, the creation of conditions for the self-realization of each person, the free development of his abilities, including the provision of the right to choose the forms of education, forms of education, the organization that carries out educational activities, the direction of education within the limits provided by the education system, as well as providing teaching staff with freedom in choosing forms of education, methods of education and upbringing;
8) ensuring the right to education throughout life in accordance with the needs of the individual, the adaptability of the education system to the level of training, developmental characteristics, abilities and interests of a person;
9) autonomy of educational organizations, academic rights and freedoms of teachers and students, provided for by this Federal Law, information openness and public reporting of educational organizations;
10) the democratic nature of education management, ensuring the rights of teachers, students, parents (legal representatives) of minor students to participate in the management of educational organizations;
11) the inadmissibility of restricting or eliminating competition in the field of education;
12) a combination of state and contractual regulation of relations in the field of education.
2. The Government of the Russian Federation annually, within the framework of ensuring the implementation of a unified state policy in the field of education, submits to the Federal Assembly of the Russian Federation a report on the implementation of state policy in the field of education and publishes it on the official website of the Government of the Russian Federation in the information and telecommunication network "Internet" (hereinafter - the network "Internet").
Article 4. Legal regulation of relations in the field of education
1. Relations in the field of education are regulated by the Constitution of the Russian Federation, this Federal Law, as well as other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, containing norms governing relations in the field of education (hereinafter referred to as legislation about education).
2. The objectives of the legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in the field of education, the creation of conditions for the development of the education system, the protection of the rights and interests of participants in relations in the field of education.
3. The main tasks of legal regulation of relations in the field of education are:
1) ensuring and protecting the constitutional right of citizens of the Russian Federation to education;
2) creation of legal, economic and financial conditions for the free functioning and development of the education system of the Russian Federation;
3) creation of legal guarantees for harmonizing the interests of participants in relations in the field of education;
4) determination of the legal status of participants in relations in the field of education;
5) creation of conditions for obtaining education in the Russian Federation by foreign citizens and stateless persons;
6) delimitation of powers in the field of education between federal state authorities, state authorities of the constituent entities of the Russian Federation and local governments.
4. The rules governing relations in the field of education and contained in other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, legal acts of local governments must comply with this Federal Law and cannot restrict the rights or reduce the level of provision of guarantees in comparison with the guarantees established by this Federal Law.
5. In case of inconsistency between the norms governing relations in the field of education and contained in other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, legal acts of local governments, the norms of this Federal Law, the norms of this Federal Law shall apply. law, unless otherwise provided by this Federal Law.
6. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.
7. The effect of the legislation on education applies to all organizations engaged in educational activities on the territory of the Russian Federation.
8. The legislation on education in relation to the Moscow State University named after M.V. Lomonosov, St. Petersburg State University, as well as organizations located on the territory of the Skolkovo Innovation Center and carrying out educational activities, is applied taking into account the specifics established by special federal laws.
9. For citizens undergoing federal public service in the positions of pedagogical and scientific-pedagogical workers, as well as citizens who are in the federal civil service and who are students, the effect of the legislation on education extends with the features provided for by federal laws and other regulatory legal acts of the Russian Federation on public service.
Article 5. The right to education. State guarantees for the realization of the right to education in the Russian Federation
1. The Russian Federation guarantees the right of every person to education.
2. The right to education in the Russian Federation is guaranteed regardless of gender, race, nationality, language, origin, property, social and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.
3. In the Russian Federation, preschool, primary general, basic general and secondary general education, secondary vocational education are guaranteed to be generally accessible and free of charge in accordance with federal state educational standards, as well as free higher education on a competitive basis, if a citizen receives education at this level for the first time.
4. In the Russian Federation, the realization of the right of every person to education is ensured by the creation by federal state bodies, state authorities of the constituent entities of the Russian Federation and local governments of appropriate socio-economic conditions for its receipt, expansion of opportunities to meet the needs of a person in obtaining education of various levels and directions in throughout life.
5. In order to realize the right of every person to education by federal state bodies, state authorities of the constituent entities of the Russian Federation and local governments:
1) are created the necessary conditions to receive, without discrimination, quality education for people with disabilities, to correct developmental disorders and social adaptation, to provide early correctional assistance based on special pedagogical approaches and the languages, methods and ways of communication that are most suitable for these people, and conditions that are most conducive to obtaining education a certain level and a certain focus, as well as the social development of these persons, including through the organization of inclusive education for persons with disabilities;
2) assistance is provided to persons who have shown outstanding abilities and who, in accordance with this Federal Law, include students who have shown high level intellectual development and creativity in a certain area of educational and research activities, in scientific, technical and artistic creativity, in physical education and sports;
3) full or partial financial support for the maintenance of persons in need of social support in accordance with the legislation of the Russian Federation is carried out during the period of their education.
Article 6
1. The powers of federal government bodies in the field of education include:
1) development and implementation of a unified state policy in the field of education;
2) organizing the provision of higher education, including the provision of state guarantees for the exercise of the right to receive free higher education on a competitive basis;
3) organizing the provision of additional professional education in federal state educational organizations;
4) development, approval and implementation of state programs of the Russian Federation, federal target programs, implementation international programs in the field of education;
5) creation, reorganization, liquidation of federal state educational organizations, implementation of the functions and powers of the founder of federal state educational organizations;
6) approval of federal state educational standards, establishment of federal state requirements;
7) licensing of educational activities:
a) organizations carrying out educational activities on educational programs of higher education;
b) federal state vocational educational organizations that implement educational programs of secondary vocational education in the areas of defense, production of products for defense orders, internal affairs, security, nuclear energy, transport and communications, high-tech production in specialties, the list of which is approved by the Government of the Russian Federation;
c) Russian educational organizations located outside the territory of the Russian Federation, educational organizations established in accordance with international treaties of the Russian Federation, as well as educational activities of diplomatic missions and consular institutions of the Russian Federation, representative offices of the Russian Federation at international (interstate, intergovernmental) organizations;
d) foreign educational organizations carrying out educational activities at the location of the branch on the territory of the Russian Federation;
8) state accreditation of the educational activities of organizations engaged in educational activities and specified in paragraph 7 of this part, as well as foreign educational organizations engaged in educational activities outside the territory of the Russian Federation;
9) state control (supervision) in the field of education over the activities of the organizations specified in clause 7 of this part, as well as executive authorities of the constituent entities of the Russian Federation exercising state administration in the field of education;
10) formation and maintenance of federal information systems, federal databases in the field of education, including ensuring the confidentiality of personal data contained in them in accordance with the legislation of the Russian Federation;
11) establishment and assignment of state awards, honorary titles, departmental awards and titles to employees of the education system;
12) development of personnel training forecasts, requirements for personnel training based on the forecast of labor market needs;
13) ensuring the implementation of monitoring in the education system at the federal level;
14) exercising other powers in the field of education established in accordance with this Federal Law.
2. Federal state bodies have the right to ensure the organization of the provision of public and free general and secondary vocational education in federal state educational organizations.
Article 7
1. The powers of the Russian Federation in the field of education, transferred for implementation to the state authorities of the constituent entities of the Russian Federation (hereinafter also referred to as the transferred powers), include the following powers:
1) state control (supervision) in the field of education over the activities of organizations engaged in educational activities on the territory of a constituent entity of the Russian Federation (with the exception of organizations specified in clause 7 of part 1 of Article 6 of this Federal Law), as well as local governments exercising management in the field education in the respective territory;
2) licensing of educational activities of organizations engaged in educational activities on the territory of a constituent entity of the Russian Federation (with the exception of organizations specified in Clause 7 of Part 1 of Article 6 of this Federal Law);
3) state accreditation of educational activities of organizations engaged in educational activities on the territory of a constituent entity of the Russian Federation (with the exception of organizations specified in clause 7 of part 1 of article 6 of this Federal Law);
4) confirmation of documents on education and (or) qualifications.
2. Financial support for the exercise of delegated powers, with the exception of the powers specified in Part 10 of this article, is carried out at the expense of subventions from the federal budget, as well as within the limits of budgetary appropriations provided for in the budget of a constituent entity of the Russian Federation for these purposes, not less than in the amount of planned revenues to the budget of the constituent entity of the Russian Federation from the payment of state duty related to the exercise of transferred powers and credited to the budget of the constituent entity of the Russian Federation in accordance with the Budget Code of the Russian Federation.
3. The total amount of subventions from the federal budget to the budgets of the constituent entities of the Russian Federation for the exercise of delegated powers is determined on the basis of a methodology approved by the Government of the Russian Federation, based on:
1) quantity municipal districts and urban districts on the territory of the subject of the Russian Federation, intra-city municipalities of the federal cities of Moscow and St. Petersburg;
2) the number of organizations engaged in educational activities and their branches, in respect of which the authority to state control(supervision) in the field of education, licensing of educational activities and state accreditation of educational activities were transferred to the state authorities of the constituent entities of the Russian Federation.
4. Funds for the implementation of delegated powers are targeted and cannot be used for other purposes.
5. In the event that the funds provided for the exercise of delegated powers are used for other than their intended purpose, the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere shall recover the said funds in the manner established by the budgetary legislation of the Russian Federation.
6. The federal executive body responsible for the development of state policy and legal regulation in the field of education:
1) adopt regulatory legal acts on the issues of exercising delegated powers, including administrative regulations for the provision of public services and the performance of state functions in the area of delegated powers, and also have the right to establish target forecast indicators for the exercise of delegated powers;
2) coordinates the appointment to the position of the heads of the executive authorities of the constituent entity of the Russian Federation exercising the delegated powers;
3) on the proposal of the federal executive body exercising the functions of control and supervision in the field of education, makes proposals to the Government of the Russian Federation on the withdrawal of the powers of the Russian Federation in the field of education, transferred for implementation to the state authorities of the constituent entities of the Russian Federation, from the state authorities of the constituent entities of the Russian Federation; Federations;
4) based on the results of the annual report on the implementation by state authorities of the constituent entities of the Russian Federation of the delegated powers, prepares proposals for improving the legislation on education.
7. The federal executive body exercising the functions of control and supervision in the field of education:
1) exercises control over the legal regulation carried out by the state authorities of the constituent entities of the Russian Federation on issues of delegated powers, with the right to send binding orders to cancel regulatory legal acts or to amend them;
2) exercises control and supervision over the completeness and quality of the exercise by state authorities of the constituent entities of the Russian Federation of delegated powers with the right to conduct inspections of the relevant state authorities of the constituent entities of the Russian Federation, as well as the organizations specified in clause 1 of part 1 of this article, engaged in educational activities, and has the right issuance of binding orders to eliminate the identified violations, sending proposals for the removal from office of officials of the executive authorities of the constituent entities of the Russian Federation exercising transferred powers for non-execution or improper performance of these powers;
3) coordinates the structure of the executive authorities of the constituent entities of the Russian Federation exercising the delegated powers;
5) establishes requirements for the content and forms of reporting, as well as the procedure for reporting on the exercise of delegated powers;
6) analyzes the reasons for the identified violations in the exercise of delegated powers, takes measures to eliminate the identified violations;
7) submit to the federal executive body responsible for the development of state policy and legal regulation in the field of education, an annual report on the exercise by state authorities of the constituent entities of the Russian Federation of the delegated powers.
8. The highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation):
1) appoints the heads of the executive authorities of the constituent entity of the Russian Federation exercising delegated powers, in agreement with the federal executive authority responsible for the development of state policy and legal regulation in the field of education;
2) approves, in agreement with the federal executive body exercising the functions of control and supervision in the field of education, the structure of the executive authorities of the constituent entity of the Russian Federation exercising the delegated powers;
3) organize activities for the implementation of delegated powers in accordance with the legislation on education;
4) ensures the provision to the federal executive body exercising the functions of control and supervision in the field of education:
a) a quarterly report on the spending of the provided subventions, on the achievement of target forecast indicators;
b) the required number of copies of normative legal acts adopted by state authorities of a constituent entity of the Russian Federation on issues of delegated powers;
c) information (including databases) necessary for the formation and maintenance of federal databases on issues of control and supervision in the field of education;
5) has the right, prior to the adoption of the regulatory legal acts specified in clause 1 of part 6 of this article, to approve administrative regulations for the provision of public services and the performance of public functions in the area of delegated powers, if these regulations do not contradict the regulatory legal acts of the Russian Federation (including do not contain additional requirements and restrictions not provided for by such acts in terms of the implementation of the rights and freedoms of citizens, the rights and legitimate interests of organizations) and are developed taking into account the requirements for the regulations for the provision of public services by federal executive authorities and the performance of public functions.
9. Control over the spending of funds for the implementation of transferred powers is carried out within the established competence by the federal executive body exercising the functions of control and supervision in the financial and budgetary sphere, the federal executive body exercising the functions of control and supervision in the field of education, the Accounts Chamber of the Russian Federation.
10. Financial support for the implementation of the delegated powers to confirm documents on education and (or) qualifications is carried out within the budgetary allocations provided for in the budget of the subject of the Russian Federation for these purposes, not less than in the amount of planned revenues to the budget of the subject of the Russian Federation from the payment of state duty, associated with the exercise of delegated powers and credited to the budget of the constituent entity of the Russian Federation in accordance with the Budget Code of the Russian Federation.
Article 8
1. The powers of state authorities of the constituent entities of the Russian Federation in the field of education include:
1) development and implementation of regional programs for the development of education, taking into account regional socio-economic, environmental, demographic, ethno-cultural and other characteristics of the constituent entities of the Russian Federation;
2) creation, reorganization, liquidation of educational organizations of the constituent entities of the Russian Federation, implementation of the functions and powers of the founders of educational organizations of the constituent entities of the Russian Federation;
3) ensuring state guarantees for the realization of the rights to receive public and free pre-school education in municipal pre-school educational organizations, public and free pre-school, primary general, basic general, secondary general education in municipal general educational organizations, ensuring additional education of children in municipal general educational organizations through the provision of subventions local budgets, including labor costs, the purchase of textbooks and teaching aids, teaching aids, games, toys (with the exception of the costs of maintaining buildings and paying for utilities), in accordance with the standards determined by the state authorities of the constituent entities of the Russian Federation;
4) organizing the provision of general education in state educational organizations of the constituent entities of the Russian Federation;
5) creation of conditions for the supervision and care of children, the maintenance of children in state educational organizations of the constituent entities of the Russian Federation;
6) financial support for the receipt of preschool education in private preschool educational organizations, preschool, primary general, basic general, secondary general education in private general education organizations that carry out educational activities according to state-accredited basic general education programs, by providing these educational organizations with subsidies for reimbursement of costs, including the costs of wages, the purchase of textbooks and teaching aids, teaching aids, games, toys (except for the costs of maintaining buildings and paying utility bills), in accordance with the standards specified in clause 3 of this part;
7) organization of the provision of secondary vocational education, including the provision of state guarantees for the realization of the right to receive public and free secondary vocational education;
8) organizing the provision of additional education for children in state educational organizations of the constituent entities of the Russian Federation;
9) organizing the provision of additional professional education in state educational organizations of the constituent entities of the Russian Federation;
10) organizing the provision of municipal educational organizations and educational organizations of the constituent entities of the Russian Federation with textbooks in accordance with the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education by organizations engaged in educational activities, and teaching aids, approved for use in the implementation of these educational programs;
11) ensuring the implementation of monitoring in the education system at the level of the constituent entities of the Russian Federation;
12) organization of the provision of psychological, pedagogical, medical and social assistance students experiencing difficulties in mastering the basic general education programs, their development and social adaptation;
13) exercising other powers established by this Federal Law in the field of education.
2. State authorities of the constituent entities of the Russian Federation have the right to additional financial support for catering activities for students in municipal educational institutions and students in private general education institutions for state-accredited basic general education programs, as well as the provision of state support for additional education of children in municipal educational institutions.
3. State authorities of the constituent entities of the Russian Federation shall have the right to organize the provision of higher education on a competitive basis in educational institutions of higher education of the constituent entities of the Russian Federation.
Article 9
1. The powers of local self-government bodies of municipal districts and urban districts to address issues of local importance in the field of education include:
1) organizing the provision of public and free preschool, primary general, basic general, secondary general education in basic general education programs in municipal educational organizations (with the exception of the powers to financially support the implementation of basic general education programs in accordance with federal state educational standards);
2) organizing the provision of additional education for children in municipal educational organizations (with the exception of additional education for children, the financial support of which is carried out by state authorities of a constituent entity of the Russian Federation);
3) creation of conditions for the implementation of supervision and care for children, the maintenance of children in municipal educational organizations;
4) creation, reorganization, liquidation of municipal educational organizations (with the exception of the creation by local governments of municipal districts of municipal educational organizations of higher education), the implementation of the functions and powers of the founders of municipal educational organizations;
5) ensuring the maintenance of buildings and structures of municipal educational organizations, the arrangement of territories adjacent to them;
6) registration of children subject to education in educational programs of preschool, primary general, basic general and secondary general education, assignment of municipal educational organizations to specific territories of a municipal district, urban district;
7) exercising other powers in the field of education established by this Federal Law.
2. In the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg, the powers of local self-government bodies of intracity municipalities in the field of education, including the assignment of educational organizations of the constituent entities of the Russian Federation to specific territories, are established by the laws of the constituent entities of the Russian Federation - cities of federal significance Moscow and St. Petersburg.
3. Bodies of local self-government of municipal districts have the right to exercise the functions of founders of municipal educational organizations of higher education that are under their jurisdiction as of December 31, 2008.
4. Local self-government bodies of urban districts have the right to organize the provision of higher education on a competitive basis in municipal educational institutions of higher education.
"On Education in the Russian Federation"
The federal law "On Education in the Russian Federation" establishes the legal, organizational and economic foundations of education in the Russian Federation, the basic principles of the state policy of the Russian Federation in the field of education, the general rules for the functioning of the education system and the implementation of educational activities, determines the legal status of participants in relations in the field of education.
In accordance with Article 2, education is understood as a single purposeful process of upbringing and education, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain amount and difficulties for the purposes of intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests.
New law contains 15 chapters and 111 articles, while the former - the Law of the Russian Federation of July 10, 1992 N 3266-I "On Education" - 6 chapters and 58 articles. A significant increase in volume is not a shortcoming of the law, but a consequence of the expediency of making it exhaustive and ultimately sufficient for the education system. It is very important and useful that the Law expands conceptual apparatus. The following terms have been introduced: “educational organization” (this is a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for which such an organization was created) and “training organization” (this is a legal entity that carries out, on the basis of license along with the main activity of educational activity as an additional activity). These two terms are united by the concept of "organizations engaged in educational activities." Thus, instead of educational institutions a system of educational organizations is introduced, and the employment contract becomes the only document that gives rise to the status of a teacher.
Article 3 lists the main principles of state policy in the field of education. It should be noted that paragraph 6 fixes the “secular nature of education in state, municipal organizations engaged in educational activities”, and paragraph 9 fixes “informational openness and public reporting of educational organizations”.
Chapter 2 No. 273-FZ is devoted to the education system. It includes: 1) federal state educational standards and federal state requirements; 2) organizations carrying out educational activities; 3) federal state bodies and state authorities of the constituent entities of the Russian Federation and local governments; 4) organizations providing educational activities, assessing the quality of education.
It should be noted that the education system includes teachers and students (in the previous law "On Education" this was not), parents (legal representatives) of underage students. Organizations that carry out quality assessment are highlighted, which makes them an integral and independent component of the education system.
Special attention is given to the structure of the education system. It consists of general education, vocational education, additional education and vocational training that ensures the possibility of realizing the right to education throughout life ( continuing education). The levels of vocational education are defined as:
1) secondary vocational education;
2) higher education - bachelor's degree;
3) higher education - specialty, magistracy;
4) higher education - training highest qualification. As you can see, there is no level - initial vocational education, there is no postgraduate professional education, and the level - training of highly qualified personnel - is classified as higher education. The named levels of higher education do not contain the word “professional”, there has been a return to traditions and global categories, although in essence higher education is professional and is classified as a level of professional education.
Article 17 of the Law "On Education in the Russian Federation" introduces the concepts of the form of education (obtaining education in organizations engaged in educational activities; obtaining education outside these organizations, that is, in the form of family education and self-education) and the form of education (full-time, part-time and correspondence). It should be noted that the Law does not name the form of external education, while in the article “Students” (Article 33) external students are also referred to as students - persons enrolled in an organization that carries out educational activities according to state-accredited educational programs for passing intermediate and state final certification. This is one of the contradictions of the Law.
Article 34 establishes the basic rights of students and the measures for their social support and stimulation. Students have the right to attend events of their choice that are held in an organization that carries out educational activities; to participate in public associations, including trade unions, as well as to create public associations of students. They have the right to create student teams to organize temporary employment of students who have expressed a desire to work in various sectors of the economy in their free time from study. Thus, the Law will expand the provisions of the Law of the Russian Federation "On trade unions, their rights and guarantees of activity", according to which only working citizens can be united in a trade union.
Article 43 establishes the duties and responsibilities of students. Students are required to: 1) conscientiously master the educational program, attend the prescribed curriculum classes; 2) comply with the requirements of the charter and internal regulations of the organization; 3) take care of maintaining and strengthening one's health, strive for spiritual and physical development; 4) respect the honor and dignity of other students and employees of the organization, and others.
Particular attention should be paid to Article 72, which defines the forms of integration of educational and research activities in higher education. The goals of this integration are staffing scientific research, improving the quality of training students in educational programs of higher education, attracting students to conduct scientific research under the guidance of scientists, using new knowledge and achievements of science and technology in educational activities.
Also presented the following forms such integration:
1) conducting scientific research by educational organizations
research and experimental development through grants or other sources of financial support;
2) involvement by educational organizations of employees of scientific organizations and other organizations engaged in research activities;
3) implementation of educational and scientific organizations joint scientific and educational projects, scientific research and experimental development;
4) creation in educational organizations of laboratories carrying out research and (or) scientific and technical activities; as well as departments carrying out educational activities.
Compared with this Law, which determines the forms of integration of educational and research activities in higher education, in the Federal Law of August 22, 1996 N 125-ФЗ “On Higher and Postgraduate vocational education» (repealed) the main tasks of a higher educational institution are indicated, among which the development of sciences and arts through scientific research and creative activity scientific and pedagogical workers and students, the use of the results obtained in the educational process. In addition, it lists the types and names of higher educational institutions: federal university, university, academy, institute. The new Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” does not contain this article.
1. Preschool educational organizations provide supervision and care for children. Other organizations carrying out educational activities for the implementation of educational programs of preschool education have the right to supervise and care for children.
2. For looking after and caring for a child, the founder of an organization carrying out educational activities establishes a fee charged from parents (legal representatives) (hereinafter referred to as the parental fee), and its amount, unless otherwise established by this Federal Law. The founder has the right to reduce the size of the parental fee or not to collect it from certain categories of parents (legal representatives) in cases and in the manner determined by him. If the founder pays for the supervision and care of a child in an organization carrying out educational activities, the parental fee is not established.
3. For supervision and care of disabled children, orphans and children left without parental care, as well as for children with tuberculosis intoxication studying in state and municipal educational organizations that implement the educational program of preschool education, parental fees are not charged.
4. It is not allowed to include expenses for the implementation of the educational program of preschool education, as well as expenses for the maintenance of real estate of state and municipal educational organizations implementing the educational program of preschool education, in the parental fee for looking after and caring for a child in such organizations. The amount of the parental fee for childcare and childcare in state and municipal educational organizations cannot be higher than its maximum amount established by the regulatory legal acts of the constituent entity of the Russian Federation for each municipality located on its territory, depending on the conditions of supervision and care of children.
5. In order material support upbringing and education of children attending educational organizations that implement the educational program of preschool education, parents (legal representatives) are provided with compensation. The amount of compensation is established by laws and other regulatory legal acts of the constituent entities of the Russian Federation and should not be less than twenty percent of the average parental fee for childcare and care in state and municipal educational organizations located on the territory of the corresponding constituent entity of the Russian Federation, for the first child, not less than fifty percent of the amount of such payment for the second child, not less than seventy percent of the amount of such payment for the third child and subsequent children. The average amount of parental fees for childcare and childcare in state and municipal educational organizations is established by the state authorities of a constituent entity of the Russian Federation. The right to receive compensation has one of the parents (legal representatives) who paid the parental fee for looking after and caring for children in the relevant educational organization. When providing compensation, public authorities of the constituent entities of the Russian Federation shall have the right to establish criteria of need by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
6. The procedure for applying for compensation specified in Part 5 of this Article and the procedure for its payment shall be established by the state authorities of the constituent entities of the Russian Federation.
7. Financial support for expenses related to the payment of compensation specified in part 5 of this article is an expense obligation of the constituent entities of the Russian Federation.
