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Decision of the Government of the Russian Federation No. 505 of July 5, 2001 /
Decision of the Government of the Russian Federation No. 505 of July 5, 2001
Rules for Rendering Paid Educational Services
(Approved by Decision of the Government of the Russian Federation No. 505 of July 5, 2001)
I. General Provisions
1. The present Rules elaborated in accordance with the Laws of the Russian Federation on Education and on Protecting the Rights of Consumers and with the Federal Law on Higher and Post-Graduate Professional Education regulate relationships that emerge between the consumer and contractor when education services are provided for a pay in the area of preschool, general and vocational/professional education.
2. The following terms are used in the present Rules:
the consumer - an organization or a citizen, having an intention to order or ordering educational services for itself (himself) or for underaged citizens, or receiving educational services in person;
the provider - the state and municipal educational establishments, the non-governmental educational organizations, scientific organisations and the citizens engaged in individual pedagogical activity, rendering paid educational services for the implementation of basic and additional educational programmes for pre-school, primary school general, basic general and secondary (complete) general education, and also primary vocational, secondary vocational, higher professional and postgraduate professional.
3. The present Rules extend to:
a) the state and municipal preschool and general educational institutions that in keeping with the legislation of the Russian Federation provide education services in terms of implementing basic and supplementary curricula in preschool, primary general, basic general and secondary (complete) general education for which there is no provision in relevant curricula and in state educational standards
b) the state and municipal secondary and higher vocational/professional education institutions that in accordance with the legislation of the Russian Federation provide services to a consumer for a pay in terms of implementing basic and supplementary curricula in primary vocational, secondary vocational and higher professional education;
c) the scientific organisations that in the established procedure provide education services to a consumer for a pay in terms of implementing post-graduate professional education curricula;
d) non-governmental educational organizations engaged in paid educational activity, including instruction and training in the framework of state educational standards;
e) citizens, acting as individual businessmen, providing paid educational services aimed at the implementation of basic and additional educational programmes.
The Rules for state and municipal general education establishments and non-state educational organizations shall provide the full list of the paid services, as well as the procedure involved in rendering them.
4. Paid educational services rendered by state and municipal educational establishments include: instruction according to additional educational programmes, presenting special courses and cycles, coaching, studies aimed at a more profound mastering of the subjects, the training and re-training of skilled labour employees (workers and clerical workers) and of specialists of a relevant educational level carried out over the student-enrollment assignments (control figures) funded from relevant budgets and other services.
Paid educational services rendered by state and municipal educational establishments shall not include: the reduction of the fixed number of pupils in classes (groups), division thereof into subgroups when implementing basic educational programmes; implementation of basic general education programmes and of higher and specialised standard general education programmes in general education schools (classes) with a more profound study of the individual subjects, gymnasia, lyceums and pre-school educational establishments in accordance with their status; facultative, individual and group studies, and individually selected courses, provided at the expense of hours assigned in basic general education programmes.
Attracting funds from consumers for these purposes shall be inadmissible.
5. Paid educational services cannot be rendered by state and municipal educational establishments instead of, or in the framework of, basic educational activity (in the framework of basic educational programmes (educational plans) or of state educational standards), financed at the expense of funds from the corresponding budget.
A consumer's refusal of the paid educational services offered cannot be seen as a reason for reducing the volume of basic educational services rendered to him by an educational establishment.
6. The demands made when rendering educational services, including the content of general education programmes and special courses, shall be defined by the parties' agreement and may be higher than is stipulated by the state educational standards.
The provider shall be obliged to provide the paid educational services in full in conformity with the educational programmes and the terms of the agreement on rendering paid educational services (hereinafter in the text referred to as the agreement), and, in the case of the possession of a state accreditation, certificate also in conformity with the state educational standards.
II. Information on the Paid Educational Services and the Procedure for Concluding Agreements
7. The provider shall be obliged, before concluding an agreement, to supply to the consumer accurate information on the provider and on the rendered educational services, ensuring the possibility of making a correct choice.
8. The provider shall be obliged to bring to the consumer's knowledge (including by display at a place where it can be easily seen) information, containing the following data:
a) the name (for an individual businessman - the surname, first name and patronymic) and location (address) of the executor, information about the presence of a licence for the right of conducting educational activity and a certificate on state accreditation (for educational institutions) with indication of the registration number and the period of validity and also the name, address and telephone of the body which has issued them;
b) the level and content of the basic and additional educational programmes implemented, the forms and time terms for studying them;
c) the list of educational services, whose cost is included in the principal fee in accordance with the agreement, and the list of additional educational services rendered with the consumer's consent, and the procedure for rendering them;
d) the cost of the educational services, rendered for the principal fee in accordance with the agreement, as well as the cost of the educational services, rendered for an additional payment, and the procedure for making these payments;
e) the enrollment procedure and the demands made on the applicants;
f) the form of the document issued upon completing the course of instruction.
The affiliate, department or another territorially set apart structural subdivision of the state or municipal educational establishment or of the non-state educational organization, scientific organisation shall also supply to the consumer information on its possessing a warrant for the performance, fully or in part, of the legal powers of a state or municipal educational establishment, or non-state educational organization.
9. A provider who is a citizen engaged in individual pedagogical activity shall be obliged to present information on state registration in the capacity of an individual businessman, with indication of the name of the body which registered him.
10. The provider shall also be obliged to present the following information at the consumer's demand:
a) the Rules of the state or municipal educational establishment, or of the non-state educational organization, scientific organisation, the regulations on the affiliate, the department or the other territorially set-apart structural subdivision of the state or municipal educational, or non-state educational organization;
b) the licence for the performance of the educational activity and the other documents regulating the organization of the educational process;
c) the address and telephone of the founder (founders) of the state or municipal educational establishment, of the non-state educational organization, scientific organisation and of the educational management body;
d) samples of the agreements, including on rendering paid additional educational services;
e) the basic and additional educational programmes, the cost of the educational services which are included into the principal fee under the agreement;
f) additional educational programmes, special courses, cycles of subjects and other additional educational services, rendered for a payment only with the consumer's consent;
g) the list of the categories of consumers, possessing the right to privileges, as well as the list of the privileges granted when rendering the paid educational services, including the paid additional educational services, in conformity with federal laws and with the other legal normative acts.
The performer shall be obliged to supply to the consumer at his request other information concerning the agreement and the corresponding educational service.
11. Information shall be brought up to the consumer's knowledge in the Russian language and in addition, at the provider's discretion, also in the state languages of the subjects of the Russian Federaiton and in the native tongues of the peoples of the Russian Federation.
12. The contractor shall observe the syllabus confirmed by it, the annual calendar education schedule and class timetable.
The class-attendance hours shall be established by the contractor.
13. The provider shall be obliged to conclude an agreement if he can render the educational service for which the consumer applies.
The provider shall have no right to show preference to one consumer as compared with another as concerns the conclusion of the agreement, except in the cases envisaged by law and other legal normative acts.
14. The agreement shall be concluded in writing and shall contain the following information:
a) the name of the state or municipal educational establishment, or of the non-state educational organization, scientific organisation - acting as provider, and its location (legal address), or the surname, name and patronymic, and information on the state registration in the capacity of an individual businessman of the citizen engaged in the individual educational activity;
b) the consumer's surname, name and patronymic, his telephone number and address;
c) the time terms for rendering educational services;
d) the standard and content of the basic and additional educational programmes, a list (the kinds) of the educational services, their cost and the payment procedure;
e) the other necessary information connected with the specific rendered educational services;
f) the post, surname, name and patronymic of the person who signs the agreement on behalf of the provider, his signature and the signature of the consumer.
15. The agreement shall be made in two copies, one of which shall be kept by the provider, and the other - by the consumer.
16. The model forms of contracts shall be confirmed by the federal body charged with education administration.
17. The consumer shall be obliged to pay for the rendered educational services in the order and within the time terms, indicated in the agreement. In conformity with the legislation of the Russian Federation, the consumer shall be issued a document, confirming the payment for the educational services.
18. The cost of the rendered educational services in the agreement shall be determined by an accord between the provider and the consumer.
19. An estimate may be compiled for rendering the educational services envisaged by the agreement. The compilation of such an estimate shall be obligatory if either the consumer or the provider demands it. In this case such an estimate shall become a part of the agreement.
III. Responsibilities of the Provider and Consumer
20. The provider shall render educational services in the order and within the time terms defined by the agreement and by the Rules of the state or municipal educational establishment or non-state educational organization.
21. For the non-execution or improper execution of the liabilities under the agreement, the provider and the consumer shall bear the responsibility envisaged by the agreement and by the legislation of the Russian Federation.
22. If defects are revealed in the rendered educational services, including if they are rendered not in the full volume envisaged by the educational programmes and school plans, the consumer shall have the right to demand, at his own choice:
a) the rendering of the educational services free of charge, including the rendering of the educational services in full in conformity with the educational programmes, the school plans and the agreement;
b) a corresponding reduction of the cost of the rendered educational services;
c) the recompense of the outlays he has made to eliminate the defects in the rendered educational services through his own efforts or through those of the third persons.
23. The consumer may refuse the fulfilment of the agreement and demand a full compensation for the losses if in the period established by the agreement the defects of the educational services rendered have not been removed by the executor. The consumer may also dissolve the agreement if he has discovered essential defects of the educational services rendered or other essential deviations from the conditions of the agreement.
24. If the provider has failed to start rendering the educational services on time, or if during the rendering of the educational services it becomes evident that they will not be rendered on time, as well as in case of a delay in rendering the educational services, the consumer shall have the right, at his own choice:
a) to appoint a new time term for the provider, in the course of which the provider shall be obliged to start rendering the educational services and (or) to complete the rendering of the educational services;
b) to turn for the educational services to a third persons for a reasonable payment, and to demand that the provider recompense the sustained expenses;
c) to demand a reduction to be made in the cost of the educational services;
d) to cancel the agreement.
25. The consumer shall have the right to demand the full reimbursement of the losses inflicted upon him in connection with the violation of the time terms for the start and (or) end of the rendering of the educational services, as well as in connection with the defects in the rendered educational services.
26. Control over the execution of the present Rules shall be exerted by the federal body of executive power performing the functions of control and supervision in the field of education and science, and by other bodies and organizations, entrusted with monitoring functions by the laws and other legal normative acts of the Russian Federation.
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