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Home / Library / Legal matters / Federal legislation / Resolutions and orders of the RF Government / Decision of the Government of the Russian Federation No. 796 of October 18, 2000 /

Decision of the Government of the Russian Federation No. 796 of October 18, 2000



Regulations
on Licensing Educational Activity


(Approved by Decision of the Government of the Russian Federation No. 796 of October 18, 2000)
(with the Amendments and Additions of October 3, 2002, January 26, 2007)

1. The Regulations on Licensing the Educational Activity, elaborated in conformity with the Law of the Russian Federation on Education and the Federal Law on Higher and Post-Graduate Professional Education, lay down the procedure for licensing educational activity according to the programmes for pre-school and general (primary, basic and secondary (complete)) education, for an additional education for children, for professional training and for professional (primary, secondary, higher, post-graduate and additional) education, including military professional education carried out by educational establishments (organizations), by scientific research institutions and by educational subdivisions of organizations engaged in professional training (hereinafter referred to as "the licence seekers").

2. The following shall not be subject to licensing:

    a) educational activity in the form of one-off lectures, of the probation period of work, of seminars and other kinds of training with no final attestation and no issue of documents on education and/or on the qualifications;

    b) individual labour pedagogical activity, including in the sphere of the professional training.

3. The licensing of educational activity shall be performed by the Ministry of Education of the Russian Federation, by the state bodies under the educational boards of the subjects of the Russian Federation, and by the local self-government bodies to which have been granted, in conformity with the legislation, corresponding powers (hereinafter referred to as "the licencing bodies").

4. The Ministry of Education of the Russian Federation shall perform the licensing of educational activity:

    a) of educational establishments for higher professional education in accordance with all the educational programmes they implement (with the exception of general education programmes);

    b) of military educational establishments for professional education, placed under the jurisdiction of the federal executive power bodies in which, in conformity with the Federal Law on Military Duty and Military Service, military service is envisaged;

    c) of educational establishments for additional professional education, placed under the jurisdiction of the federal executive power bodies;

    d) of scientific research institutions, carried out according to the programmes of post-graduate professional education;

    e) of general education boarding schools with elementary training in flying, of the Suvorov secondary military schools, of the military musical secondary schools, of the Nakhimov naval secondary schools and of the cadet (naval cadet and musical cadet) corps and schools (boarding schools);

    f) of the educational establishments for additional education for children and teenagers with deviant behaviour in special teaching and educational establishments placed under the jurisdiction of the federal executive power bodies.

5. The state bodies for the management of education in the subjects of the Russian Federation and local self-government bodies which are granted, in conformity with the legislation, corresponding powers, shall carry out the licensing of educational activity of the licence seekers situated on the territory of the corresponding subject of the Russian Federation or of the municipal entity (with the exception of organizations, the licensing of whose activity is referred by the present Regulations to the competence of the Ministry of Education of the Russian Federation).

6. The licensing of educational activity of institutions for professional religious education (of the ecclesiastical educational establishments), as well as of the educational establishments of the religious organizations (associations) shall be carried out by the corresponding licencing bodies depending on the level of the implemented educational programmes.

7. The affiliates of the educational establishments shall undergo licensing as per the procedure established by the present Regulations, and obtaining a separate licence.

8. The forms for the licence and for the enclosures to it shall be manufactured in accordance with the forms approved by the Ministry of Education of the Russian Federation.

The forms for the licences shall possess a protection degree on the level of bearer security, shall have a recording series and number, and shall be seen as strict accounting documents.

The manufacture and issue of the licence forms to the licensing bodies shall be organized by the Ministry of Education of the Russian Federation.

The licence forms shall be acquired, recorded and kept by the licensing bodies.

9. In the licence shall be pointed out:

    a) the name of the licensing body which has issued the licence;

    b) the registration number of the licence and the date of adopting the decision on its issue;

    c) the name and place of location of the licencee;

    d) the identification number of the tax payer;

    e) the term of the licence's validity.

10. The licence for the performance of educational activity shall have an enclosure, in which shall be supplied:

    a) the list of the educational programmes, directions and specialities of the training, for which the right to the performance of educational activity is granted, their level (stages) and the final goal, as well as the normative time terms for assimilating them;

    b) the qualifications which shall be awarded after completing the course of education to the graduates by the educational establishment which possesses the certificate of state accreditation;

    c) the control normatives and the ultimate number of students and inmates, calculated taking into account the normatives for full-time tuition.

11. The licence shall be signed by the head of the licensing body (if he is absent - by the person substituting for him) and shall be certified with the stamp of this body. The enclosure to the licence shall be certified with the stamp of the licensing body and, if it contains several sheets, these shall be sewn together.

A licence without the enclosure shall be seen as invalid.

12. To receive a licence, the licence seeker shall submit to the licensing body the following documents:

    a) an application from the founder with an indication of the name and legal organizational form of the licence seeker, his location, the name of his bank and the number of his settlement account in the bank, a list of educational programmes, directions and the specialities in tuition, as well as the term of the licence validity.

    An educational establishment for professional education shall in addition present an excerpt from the decision of the academic (pedagogical) council on the possibility to organize tuition in accordance with the basic and with additional programmes for professional education, declared for licensing, and an institution for professional religious education (an ecclesiastical educational establishment) and an educational establishment of a religious organization (association) - a presentation from the administration of the corresponding confession;

    b) copies of the Rules and of the document confirming the fact of making an entry on the legal entity to the Unified State Register of Legal Entities (with submission of the originals if the copies are not certified by a notary).

    The affiliate of an educational establishment shall in addition supply the information on the registration of the affiliate at the actual address, the copies of the decision on setting up the affiliate and of the regulations on the affiliate approved in the established order.

    The organization having an educational subdivision which performs professional tuition, shall in addition submit a copy of the duly approved regulations on this subdivision;

    c) a reference note on the licence seeker being put onto the records in the tax body, with an indication of the identification number of the tax payer;

    d) information on the structure of the licence seeker, on the complete number of staff workers, on the supposed number of the students and inmates;

    e) information on the licence seeker possessing buildings and premises necessary for organizing the educational process, the objects for physical training and sports, as well as the hostels, and also on his being able to supply the inmates and tutors with food and medical care, with an enclosure of copies of the documents, confirming the licence seeker's right to possess, to use or to dispose of the necessary educational-material base during the term of operation of the licence (with presentation of the originals, if the copies are not certified by a notary);

    f) the conclusion of the state sanitary-epidemiological service of the Russian Federation and of the State Fire-Prevention Service on the suitability of the utilized buildings and premises for conducting the educational process; the conclusion of the State Inspectorate on Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation on the correspondence of the educational-material base to the established demands (in the case of training motor vehicle drivers); and the licence of the Federal Mining and Industrial Supervision of Russia for the operation of corresponding equipment;

    g) the list of the disciplines included into every declared educational programme, with an indication of the volumes of the tuition load (for the institutions of the professional education - of the load of lectures and of the other forms of tuition) by these disciplines.

    An educational establishment which intends to carry out the training, raising of qualifications, and/or retraining of specialists on issues of protecting state secrets, shall submit a copy of the licence for the performance of works involved in the use of the information comprising a state secret, issued by the Federal Security Service of the Russian Federation or by its territorial bodies, and the programme of tuition agreed with the Federal Security Service of the Russian Federation and with the State Technical Commission under the President of the Russian Federation, and as concerns the specialities in the sphere of informational security - also with the Federal Agency of the Governmental Communication and Information under the President of the Russian Federation, and approved by the federal executive power body, under whose jurisdiction the given educational establishment is put.

    An educational establishment which intends to carry out professional training, raising of qualifications and retraining of the persons engaged in the private detective and guarding activity, shall present the programme of training agreed with the Ministry of Internal Affairs of the Russian Federation;

    h) information on being provided with the educational literature and with the material-technical equipment;

    i) information on the educational process being provided with proper staff, on the qualifications of the pedagogical workers and on the terms of drawing them into labour activity (for licence seekers intending to perform tuition according to programmes for post-graduate professional education - information on the scientific supervisors of the studies);

    j) an inventory of the documents submitted for obtaining the licence. The forms of the documents indicated in Subitems a, d, e, h and i of the present Item, shall be approved by the Ministry of Education of the Russian Federation.

    k) the document, confirming the payment of the state duty for the consideration of an application for the issue of a licence.

Forms of the documents, indicated in Subitems a), d), e), h), i) of this Item shall be endorsed by the Ministry of Education of the Russian Federation.

13. All documents submitted for receiving a licence shall be registered by the licensing body and shall be kept in the course of the term of the licence validity. A copy of the inventory of the documents with a note on their acceptance shall be handed over to the licence seeker.

It is prohibited to demand that the licence seeker submit the documents not stipulated by the present Regulations.

14. The decision on the issue of the licence shall be adopted by the licensing body on the ground of the conclusion of the expert commission and shall be formalized with the corresponding document.

15. The expert commission shall be set up by the licensing body in conformity with the legislation of the Russian Federation in the sphere of education.

16. The persons maintaining the labour or civil legal relations with the licence seeker, cannot be appointed as the expert commission members.

17. The goal set in the expertise shall be to establish correspondence between the terms for the implementation of the educational process proposed by the licence seeker and the state and the local demands in the part of the construction norms and rules, the sanitary and hygiene norms, the health protection of the students, inmates and workers of the licence seeker, the equipment of the tuition premises, the provisions for the educational process, the educational standards of the pedagogical workers and the sufficient number of workers on the staff.

18. The expenditures involved in carrying out an expert examination and in the manufacture of the licence form, shall be remunerated by the founder of the educational establishment.

The procedure for determining the size of the payment for the performance of an expert examination and for manufacturing the licence form which would ensure the recompense for the made outlays, shall be laid down by the Ministry of Education of the Russian Federation.

The licence shall be issued upon the presentation of the copy of the payment documents confirming that the payment for carrying out an expert examination and for the manufacture of the licence form has been effected.

19. The federal licensing demands on the conditions for implementation of the educational process in accordance with the educational programmes of a different level and direction, and the minimum normatives for the licence seeker's provision with the necessary educational and material base, as well as for the educational standard of the pedagogical workers and the sufficiency of the number of staff workers shall be laid down by the Ministry of Education of the Russian Federation.

The demands made on the conditions for implementation of the educational process in accordance with the military professional education programmes at educational establishments in which, in conformity with the Federal Law on Military Duty and on the Military Service, the military service is envisaged, shall be elaborated by the federal executive power bodies, under whose jurisdiction the said educational establishments are put, and shall be approved by the Ministry of Education of the Russian Federation.

The demands made on the conditions for implementation of the educational process in accordance with the medical educational programmes shall be elaborated by the Ministry of Public Health of the Russian Federation and shall be approved by the Ministry of Education of the Russian Federation.

The state bodies for the management of education in the subjects of the Russian Federation may establish for educational establishments additional demands concerning the provisions for the educational process and the equipment of tuition premises.

20. An expert examination of the conditions for the implementation of educational activity by the military educational establishments of secondary, higher and post-graduate and/or additional professional education, by the institutions for additional professional education, by the Suvorov military secondary schools, by the Nakhimov naval secondary schools, by the military musical secondary schools and by the cadet (naval cadet and musical cadet) corps and schools (boarding schools), shall be performed with the participation of the executive power bodies or of the local self-government bodies, under whose jurisdiction they are put.

21. The time term for considering an application for the issue of the licence and for setting up an expert commission shall not exceed 20 days from the day of registering the application with all the necessary documents. An expert examination shall be carried out within 30 days from the date of establishing an expert commission. By the results of the expert examination shall be prepared a conclusion, which shall be signed by the chairman and by the members of the expert commission. The decision of the licensing body on the issue or refusal to issue the licence shall be taken within a term no longer than 60 days from the day of registering the application.

22. The licence shall be issued for no less than three years. Upon the application of the licence seeker, though, it may be issued for a shorter term.

23. The notification on the refusal to issue the licence with an indication of the reasons behind the refusal shall be directed to the licence seeker in written form within a three day term from the day when the licensing body adopts the corresponding decision.

24. Seen as a ground for the refusal to issue the licence shall be:

    a) the existence in the documents submitted by the licence seeker of unauthentic or distorted information.

    b) the negative conclusion of the expert commission which has established the non-correspondence of the conditions for the performance of the educational process proposed by the licence seeker to the state demands and to their average statistical indices in the territory where he is registered.

25. A negative conclusion on the results of the expert examination and refusal to issue the licence may be appealed against in accordance with the procedure established by the legislation of the Russian Federation.

26. If the educational establishment is reorganized in connection with the change of its legal organizational form, if its status changes or if it is liquidated, the licence shall lose its legal force and shall be seen as cancelled.

27. In the case of reorganization without changing the legal organizational form, of the change of name of the licencee or of the place of its location, as well as in the case of the other changes which do not entail a violation of the control normatives and indices fixed in the enclosure to the licence, and in the case of loss of the licence, the licencee or his legal successor shall be obliged to file an application on the repeated formalization of the licence and shall submit the corresponding documents confirming the said changes. The reformalization of the licence shall be performed without carrying out an expert examination, within a term not exceeding 20 days from the day of registering the application. Until the licence is reformalized, the educational establishment shall go on with the performance of the educational activity on the ground of the licence issued at an earlier date, and in case of the loss of the licence on the ground of the provisional permit to be issued by the licensing body.

28. The licensing of the activity of an educational establishment according to the educational programmes which are new to it, shall be required regardless of whether it possesses a licence for carrying out the educational activity according to other educational programmes. In this case, the licencee shall submit an application and the documents from the set of those pointed out in Item 11 of the present Regulations, the list of which shall be defined by the licensing body.

The list of the new educational programmes shall be included into the enclosure to the currently operating licence.

29. Control over the licencee observing the licence demands and terms shall be exerted by the licensing bodies within the limits of their competence.

30. The licensing bodies shall have the right:

a) to begin check-ups of the licencee's activity for its correspondence to the licensing demands and terms;

b) to request that the licencee provide the necessary explanations and reference notes on the issues arising when carrying out the check-ups;

c) to compile by the results of the check-ups acts (protocols) with an indication of concrete violations;

d) to adopt the decisions which would oblige the licencee (if necessary - his founder) to eliminate the exposed violations, and to fix the time term for their elimination;

e) to exercise other powers stipulated by the legislation of the Russian Federation.

31. The licencee shall be obliged, in conformity with the legislation of the Russian Federation, to supply the necessary information and documents, and also to ensure the needed conditions for carrying out the check-up.

32. The Ministry of Education of the Russian Federation shall have the right to delegate individual powers, involved in the exertion of control over the observation by the military educational establishments of the secondary, higher, post-graduate and/or additional professional education, by the Suvorov military secondary schools, by the Nakhimov naval secondary schools, by the military musical secondary schools and by the cadet (the naval cadet and the musical cadet) corps and schools (boarding schools) of the licence demands and terms, to the federal executive power bodies, under whose jurisdiction they are put.

The Ministry of Education of the Russian Federation shall have the right to delegate to the state bodies for guidance of education in the subjects of the Russian Federation powers involved in the exertion of control over the observation per the licencees, situated on their territory and possessing a licence of the Ministry of Education of the Russian Federation, of the licence demands and terms.

33. The licensing body shall have the right to suspend the operation of the licence in full or in the part of the performance of educational activity in accordance with the individual educational programmes pointed out in the enclosure to the licence.

34. Seen as a ground for suspending the operation of the licence shall be:

    a) a violation of the licensing demands and terms;

    b) the licencee's failure to fulfil the decisions of the licensing bodies obliging the licencee to eliminate the exposed violations. The decision on suspending the operation of the licence may be appealed against in conformity with the order laid down by the legislation of the Russian Federation.

The licensing body shall be obliged to fix the time term for the licencee to eliminate violations which entailed the suspension of the licence operation. The said term shall not exceed six months. If the licencee fails to eliminate said violations within this term, the licensing body shall be obliged to turn to a court with an application for cancelling the licence.

The licencee shall inform in writing the licensing body about the elimination of the violations which have entailed the suspension of the licence validity, and shall submit the corresponding documents. The licensing body shall be obliged in this case to adopt the decision within a week's term for resuming the operation of the licence and to notify to this effect in writing the licencee, his founder and the tax body at the place of the licencee's location.

35. The licence may be cancelled by the court decision on the ground of the application from the licensing body which has issued the licence. Simultaneously with filing the application with the court, the licensing body shall have the right to suspend the operation of said licence for the period until the court decision comes into force.

Seen as a ground for cancelling the licence shall be:

    a) exposure of the unauthentic or the distorted data in the documents submitted for drawing the licence;

    b) repeated or flagrant violation by the licencee of the licensing demands and terms stipulated by the licence;

    c) the unlawful nature of the decision on the issue of the licence.

36. If the licensing body adopts a decision on suspending the operation of the licence, or if it directs to the court an application for cancelling the licence, it shall inform to this effect in writing within a week's term and with the corresponding substantiation the licencee, his founder and the tax body at the place of the licencee's location.

37. The licensing bodies shall keep the Registers of the Licenses, in which shall be pointed out:

    a) information on the licensing body which has issued the licence;

    b) information on the licencee;

    c) the date of adopting the decision on the issue of the licence and its registration number;

    d) the time term of the licence validity;

    e) the ground for and the date of the reformalization of the licence;

    f) the ground for and the date of the suspension and of the resumption of the licence validity;

    g) the ground for and the date of cancelling the licence.

38. The information contained in the Registers of the Licenses shall be open for getting acquainted with it by natural and the legal persons. Said persons shall also have the right to receive the information from the registers of licences in the form of the excerpts on concrete licencees.

39. It shall be inadmissible to hand over the licence to another educational establishment or to carry out the educational activity at the affiliate on the ground of the licence of the educational establishment whose subdivision the affiliate is.

The educational establishments performing educational activity without a licence, including in the affiliates, shall bear responsibility in conformity with the legislation of the Russian Federation.



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