The legislation of the Russian Federation in the field of education is formed by normative legal acts different legal force. It includes the constitution Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of education.

The tasks of the legislation of the Russian Federation in the field of education are:

1) delineation of competence in the field of education between federal executive authorities, executive authorities of the constituent entities of the Russian Federation and bodies local government;

2) ensuring and protecting the constitutional right of citizens of the Russian Federation to education;

3) creation of legal guarantees for the free functioning and development of the education system of the Russian Federation;

4) definition of the rights, duties, powers and responsibilities of individuals and legal entities in the field of education, as well as the legal regulation of their relations in this area.

Constitution of the Russian Federation contains a number of important provisions for the development of legislation on education. The Constitution of the Russian Federation in Art. 43 guarantees everyone the right to education, general accessibility and free of charge preschool, basic general and secondary vocational education in state or municipal educational institutions and in enterprises.

It is also envisaged that everyone has the right to receive higher education free of charge on a competitive basis. professional education. Basic general education is compulsory. Parents or persons replacing them must ensure that children achieve this educational qualification. The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.

Obviously, the nature of the right to education predetermines its connection with many of the fundamental constitutional rights and freedoms. Some of them are implemented in the process of obtaining education and, therefore, are directly related to the system of rights and freedoms implemented in the field of education.

These include, in particular: the right to freedom of thought and speech (Part 1, Article 29); the right to freely seek, receive, transmit, produce and distribute information in any legal way (part 4 of article 29); the right to access cultural property (part 2 of article 44); the right to freely choose the type of activity and profession (part 1 of article 37); the right to freely choose religious and other beliefs and act in accordance with them (Article 28), as well as the right to association (part 1 of Article 30).

In addition, the right to education is closely related to the right to work (part 3 of article 37), since education opens up wide opportunities for professional activity. Through education, a person can actually enjoy the freedom of “literary, artistic, scientific, technical and other types of creativity, teaching” (part 1 of article 44).

Just like freedom mass media(Clause 5, Article 29) and the right to “access to cultural property” (Part 2, Article 44) will be fully implemented only educated people. The presence of an appropriate education contributes to the realization of the right to “entrepreneurial and other economic activities not prohibited by law” (part 1 of article 34). A full-fledged education significantly expands the opportunities for citizens to exercise their right to participate in the management of state affairs (Part 1, Article 32).

It would not be an exaggeration to say that the right to education within the framework of the considered concept is one of the connecting elements in the system of fundamental rights and freedoms that form the basis of the constitutional system of Russia. For the exercise of some rights and freedoms, the realization of the right to education is the basis and precondition.

At the same time, without a number of rights and freedoms, it is impossible to fully exercise the right to education itself. Thus, speaking, on the one hand, as freedom and social law, on the other hand, as one of the connecting elements of the system of fundamental human rights and freedoms, the right to education is the foundation, base element on which the system of rights and freedoms in the field of education is built.

The next level of normative acts in the system of educational legislation is federal laws. The central place in the system of federal laws in this area is occupied by the Federal Law of the Russian Federation of December 29, 2012 No. 273-FZ "On Education in the Russian Federation". It forms the basis of the educational legislation of the Russian Federation.

Educational legislation can also include other federal laws that regulate certain issues of the functioning of the education system as a whole or its individual elements, including codes that are the main sources of industries whose norms are involved in the legal regulation of relations in the field of education (Civil, Labor, Family and other codes). Relations in the field of education are also regulated by other legislative acts.

In particular, guarantees of a child's right to education are regulated by Federal Law No. 124-FZ of July 24, 1998 “On Basic Guarantees of the Rights of the Child in the Russian Federation”. A number of rules regarding educational process, enshrined in federal law "On additional guarantees for the social protection of orphans and children left without parental care". Some features of the provision of pensions for teachers are regulated by the Federal Law "On Labor Pensions".

Participants in the educational process. Rights and obligations of participants in the educational process.

The Law "On Education in the Russian Federation" determines that " 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 for the purposes of intellectual, spiritual -moral, creative, physical and (or) professional development person, meeting his educational needs and interests” (clause 1, article 2).

Wherein " upbringing"-" activities 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 "(paragraph 2 of article 2 .), " education"-" a purposeful process of organizing the activities of students in mastering knowledge, skills, abilities and competencies, gaining experience in activities, developing abilities, gaining experience in applying knowledge in Everyday life and the formation of students' motivation to receive education throughout their lives "(paragraph 3 of article 2)

Educational process- a complex social phenomenon with a large number of participants. The Law "On Education in the Russian Federation" defines the following participants in educational legal relations: students, parents (legal representatives) of underage students, teachers and their representatives, organizations engaged in educational activities (clause 31, article 2).

student- an individual who is mastering an educational program (clause 15, article 2). The legislation specifically highlights students with handicapped health- “an individual with physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions” (part 16, article 2).

Teaching worker- an individual who is in labor, service relations with an organization that carries out educational activities, and performs the duties of training, educating students and (or) organizations educational activities(Section 21, Article 2)

Organizations carrying out educational activities, - educational organizations, as well as organizations providing training. For the purposes of this federal law organizations engaged in educational activities are equated with individual entrepreneurs engaged in educational activities, unless otherwise provided by this Federal Law (clause 20, article 2) Legislation distinguishes between educational organizations and organizations engaged in training.

There is a significant difference between them, because for an organization carrying out training, educational activities are only an additional type of activity:

- 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 (clause 18, article 2)

- training organization, - a legal entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity (clause 19, article 2);

What are the rights and obligations of participants in the educational process. Actually, the rights and obligations of participants in the educational process are enshrined in a number of articles of the Federal Law "On Education in the Russian Federation", but before getting acquainted with this most important legal act, one should remember the general rights of children.

Yes, with moment of birth the child has the right:

In the name, patronymic and surname (parts 1, 2 of article 19 of the Civil Code of the Russian Federation, article 58 of the Family Code of the Russian Federation);

For citizenship (Articles 4, 9 of the Federal Law "On Citizenship of the Russian Federation" dated 31.05.2002 No. 62-FZ);

Has legal capacity under civil law (part 2 of article 17 of the Civil Code of the Russian Federation);

To live and be brought up in a family, to know one's parents, to receive protection from them of one's rights and legitimate interests (Part 2, Article 54 of the Family Code of the Russian Federation);

On the comprehensive development and respect for human dignity, etc.

From 6 years old the child is entitled:

Make small household transactions;

Make transactions for the disposal of funds provided by parents or other people, with the consent of the parents for a specific purpose or for free disposal (Article 28 of the Civil Code of the Russian Federation)

WITH 8 years already has the right to participate in children's public associations (subsection 5, part 2, article 19 of the Federal Law "On Public Associations" dated May 19, 1995 No. 85-FZ).

WITH 10 years child in the Russian Federation:

Gives consent to change his name and (or) surname (part 4 of article 59 of the Family Code of the Russian Federation);

Gives consent to his adoption or transfer to a foster family (part 1 of article 132 of the Family Code of the Russian Federation);

Expresses his opinion about which of the parents dissolving the marriage in court, he would like to live after the divorce (part 4 of article 59 of the Family Code of the Russian Federation);

The right to be heard in the course of any judicial or administrative proceedings (Article 57 of the Family Code of the Russian Federation).

WITH 14 years there is a significant expansion of the rights of the child, but there are also obligations. He can already:

Obtain a passport of a citizen of the Russian Federation;

Independently go to court to protect their rights;

Give consent to change your citizenship together with your parents (Part 2, Article 9 of the Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002 No. 62-FZ);

Choose your place of residence (with the consent of parents or legal representatives) (Article 26 of the Civil Code of the Russian Federation);

Independently manage their earnings, scholarships, other income (part 2 of article 26 of the Civil Code of the Russian Federation);

Make deposits to credit institutions and dispose of them (part 2 of article 26 of the Civil Code of the Russian Federation);

Work with the consent of one of the parents;

Require the cancellation of adoption in cases specified in the law;

Be subject to criminal liability for certain crimes (murder, robbery, theft, extortion, etc.);

Be subject to property liability for concluded transactions, as well as for causing property damage;

Join youth public associations;

Riding a bike while driving on the roads, learn to drive a motorcycle.

From 15 years old the right is added:

Work with the consent of the trade union, no more than 24 hours a week on preferential terms provided for by labor legislation

WITH 16 years, the following rights and obligations are added:

To marry if there are valid reasons with the permission of the local government;

Work no more than 36 hours a week on preferential terms provided for by labor legislation; be a member of a cooperative;

Drive a moped while driving on the roads, learn to drive a car on the roads in the presence of an instructor;

May be declared, in the manner prescribed by law, fully capable (emancipation) if he works under an employment contract or is engaged in entrepreneurial activity;

Subject to administrative liability for offenses in a special manner (through the commission on juvenile affairs); for some offenses bears administrative responsibility in a general manner;

Bears criminal responsibility for any crimes.

IN 18 years a citizen of the Russian Federation becomes an adult, fully capable, that is, he can have and acquire all rights and obligations by his actions, and also bear full responsibility for his actions.

So, Article 5 of the Federal Law "On Education in the Russian Federation" establishes the basic norms related to the right to education. The very title of the article speaks of this: “The right to education. State Guarantees for the Realization of the Right to Education in the Russian Federation”. Let's get acquainted with the text of the article.

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, public accessibility and free of charge are guaranteed in accordance with federal state educational standards for preschool, primary general, basic general and secondary general education, secondary vocational education, as well as on a competitive basis higher education if the citizen receives education of 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."

A number of subsequent articles of the Law specify the basic rights of participants in the educational process.

The basic rights of students can be conditionally divided into the following groups:

1) constitutionally fixed (Articles 28, 29, 30, 44 of the Constitution of the Russian Federation) civil liberties and rights (the right to respect for human dignity, protection from all forms of physical and mental violence, personal insults), which are used by students in educational legal relations;

2) rights and freedoms that characterize students as an independent subject of educational legal relations, arising from the characteristics of the educational process (the right to master, in addition to subjects, courses, disciplines (modules) on mastered educational; transfer for education in another profession, specialty and (or) direction of training in another form of education; transition from paid education to free; transfer to another educational organization (after receiving basic general education); recovery for education in educational organization; training according to an individual curriculum, including an accelerated course of study, within the educational program being mastered; choice of an organization carrying out educational activities, and forms of education and forms of education after receiving basic general education, etc.);

3) concretization of the right to health protection (Article 41 of the Constitution of the Russian Federation) when receiving education (provision of conditions for education, taking into account the peculiarities of their psychophysical development and health status; protection of life and health during the educational process, etc.);

4) specifying other constitutionally enshrined rights and obligations (the right to deferment from conscription for military service provided in accordance with the Federal Law "On military service And military service»; the right to vacations - planned breaks when receiving education for recreation and other social purposes; the right to academic leave, as well as maternity leave, parental leave until the child reaches the age of three);

5) specification of the right to free access to cultural values, information resources (the right to familiarize with the certificate of state registration, charter, license to carry out educational activities, certificate of state accreditation, educational and program documentation, other documents regulating the organization of the educational process in the educational organizations; the right to free use of library and information resources, educational, industrial, scientific, medical facilities, cultural facilities and sports facilities of an educational organization; the right to information from an educational organization on the situation in the field of employment in the professions, specialties and areas of training mastered by them; development their creativity and interests, including participation in competitions, olympiads, exhibitions, reviews, sports events, sports events and mass events; participation in research, scientific and technical, experimental and innovative activities; direction for training and conducting scientific research on selected topics, internships, in other educational organizations and scientific organizations, including educational organizations of higher education and scientific organizations of foreign states; publication of their works in the publications of the educational organization; encouragement for success in educational, physical culture, sports, social, scientific, scientific and technical, creative, experimental and innovative activities);

6) rights related to access to the management of an educational organization and the educational process (participation in the formation of the content of one's professional education; choice of optional and elective subjects, courses, disciplines (after receiving basic general education);

7) rights in the field of protection of personal and other rights (the right to appeal against acts of the governing bodies of an educational organization).

An integral element of the legal status of students is their duties. In Article 43 of the Law, in addition to fixing obligations, an attempt was made to fix measures of corresponding responsibility.

Among the main responsibilities of students:

1) conscientiously master the educational program, fulfill the individual curriculum, including attending the prescribed curriculum or individual curriculum training sessions, exercise self-training to classes, to perform tasks given by pedagogical workers within the framework of the educational program;

2) comply with the requirements of the charter of the organization carrying out educational activities, internal regulations, rules for living in dormitories and boarding schools and other local regulations on the organization and implementation of educational activities;

3) take care of the preservation and strengthening of their health, strive for moral, spiritual and physical development and self-improvement;

4) respect the honor and dignity of other students and employees of the organization carrying out educational activities, not create obstacles for other students to receive education;

5) take care of the property of the organization carrying out educational activities.

Students will be subject to disciplinary responsibility not in all cases of violation of these duties, but only in three cases: failure to master or incomplete mastery of the educational program within the established time limits, non-fulfillment of the curriculum; violation of the internal regulations and the charter of an educational organization or the regulation on a specialized structural educational unit of an organization providing training; for damage caused through their fault to the property of an organization carrying out educational activities.

Article 44 of the Law establishes the basic rights, duties and responsibilities of parents (legal representatives) of minor students in the field of education:

1. Parents (legal representatives) of underage students have a preferential right to the education and upbringing of children over all other persons. They are obliged to lay the foundations for the physical, moral and intellectual development of the child's personality.

2. State authorities and local self-government bodies, educational organizations provide assistance to parents (legal representatives) of minors studying in raising children, protecting and strengthening their physical and mental health, developing individual abilities and necessary correction of violations of their development.

3. Parents (legal representatives) of minor students have the right to:

1) before the child completes the basic general education, taking into account the opinion of the child, as well as taking into account the recommendations of the psychological, medical and pedagogical commission (if any), the forms of education and forms of education, organizations engaged in educational activities, language, languages ​​of education, optional and elective subjects, courses, disciplines (modules) from the list proposed by the organization carrying out educational activities;

2) to give the child pre-school, primary general, basic general, secondary general education in the family. A child receiving education in a family, by decision of his parents (legal representatives), taking into account his opinion at any stage of education, has the right to continue his education in an educational organization;

3) get acquainted with the charter of the organization carrying out educational activities, the license to carry out educational activities, with a certificate of state accreditation, with educational and program documentation and other documents regulating the organization and implementation of educational activities;

4) get acquainted with the content of education, the methods of teaching and education used, educational technologies, as well as with the assessments of the progress of their children;

5) protect the rights and legitimate interests of students;

6) receive information about all types of planned examinations (psychological, psychological and pedagogical) of students, give consent to conduct such examinations or participate in such examinations, refuse to conduct or participate in them, receive information about the results of examinations of students;

7) take part in the management of an organization carrying out educational activities in the form determined by the charter of this organization;

8) be present during the examination of children by the psychological-medical-pedagogical commission, discussing the results of the examination and recommendations received from the results of the examination, express their opinion on the proposed conditions for organizing the education and upbringing of children.

4. Parents (legal representatives) of minors are required to:

1) ensure that children receive general education;

2) comply with the internal regulations of the organization carrying out educational activities, the rules of residence of students in boarding schools, the requirements of local regulations that establish the mode of study of students, the procedure for regulating educational relations between the educational organization and students and (or) their parents (legal representatives) and registration emergence, suspension and termination of these relations;

3) respect the honor and dignity of students and employees of the organization carrying out educational activities.

The law determines that for failure to perform or improper performance of the duties established by this Federal Law and other federal laws, parents (legal representatives) of underage students shall be liable under the legislation of the Russian Federation.

In particular, according to the Family Code of the Russian Federation (Article 69), parents (one of them) may be deprived of parental rights if they:

Avoid fulfilling the duties of parents, including in case of malicious evasion from paying alimony;

Refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institutions of social protection of the population or from similar organizations;

Abusing their parental rights; mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;

Are patients with chronic alcoholism or drug addiction;

Committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Parents (legal representatives) of children may also be limited in parental rights in accordance with Art. 73-76 of the Family Code of the Russian Federation.

The Law "On Education in the Russian Federation" in Article 45 establishes that in order to protect their rights, students, parents (legal representatives) of underage students have the right, independently or through their representatives:

1) to petition the governing bodies of organizations engaged in educational activities to conduct, with the participation of representatives of students, parents (legal representatives) of minor students, a disciplinary investigation into the activities of employees of these organizations that violate and (or) infringe on their rights. Disciplinary investigations, in appropriate cases, are also provided for by the Federal Law of July 24, 1998 No. 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation”.

2) apply to the commission for the settlement of disputes between participants in educational relations, including the consideration of questions about the presence or absence of a conflict of interest of a teacher. Such commissions are new. The procedure for the creation and functioning of these commissions is established by part 2 of Article 45.

Commissions are made up of equal number representatives of students, parents (legal representatives) of underage students, employees of an organization carrying out educational activities. The decisions of these commissions are binding on all participants in educational relations in this educational organization, but they can be appealed to established by law okay;

3) use other methods of protecting the rights and legitimate interests that are not prohibited by the legislation of the Russian Federation, in particular, applying to the court with statements of claim.

To protect the constitutional right to education and other violated rights in the field of education, a citizen, on the basis of his constitutional right to file applications (Article 33 of the Constitution of the Russian Federation), may resort to the help of administrative and judicial bodies, prosecutors, as well as the Commissioner for Human Rights in the Russian Federation . Of all these methods, judicial protection is the most effective, since the judiciary, in accordance with Art. 10 of the Constitution of the Russian Federation is an independent branch of government.

The materials of judicial practice indicate that, in general, citizens use their constitutional right to judicial protection, that is, they appeal to the court "decisions and actions (or inaction) of state authorities, local governments, public associations and officials" (part 2 46 of the Constitution of the Russian Federation), which resulted in the violation of their rights, freedoms and legitimate interests in the field of education.

This is largely facilitated by the Law of the Russian Federation dated April 27, 1993 No. 4866-1 “On appealing to the court of actions and decisions that violate the rights and freedoms of citizens”. The norms of this law regulate the procedure for citizens to apply to the court, with the exception of cases where the complaints filed relate to actions (decisions), the verification of which is attributed by law to the exclusive competence of the Constitutional Court of the Russian Federation or in respect of which the law provides for a different procedure for judicial appeal (Article 3) . But in any case, a citizen has the opportunity to file a complaint, an application or an explanation with the court.

From the materials of judicial practice, there are cases when citizens see the reason for the violation of their educational rights in the imperfection of educational legislation and apply to the courts not for the protection of a specific right, but with a request to verify the constitutionality of legislative norms, as well as to cancel the norms of by-laws.

From the practice of the Constitutional Court of the Russian Federation and the constitutional (charter) courts of the constituent entities of the Russian Federation, there are known cases of citizens applying for verification of the constitutionality of certain provisions of the current legislation on education.

A huge role in protecting the rights of participants in the educational process is played by the prosecutor's office, which not only takes measures in connection with citizens' appeals about the violation of their legal rights, but also checks the implementation of legislation in the field of education.

Activities in the field of education, due to their high social significance, require control by the state. This control includes two components: control of compliance with the legislation on education and control of the quality of the provided educational services. The regulation on state control (supervision) in the field of education was approved by Decree of the Government of the Russian Federation of March 11, 2011 No. 164. State supervision over compliance with the legislation of the Russian Federation in the field of education and state control of the quality of education are carried out by the Federal Service for Supervision in Education and Science (Rosobrnadzor), which is under the jurisdiction of the Ministry of Education and Science of the Russian Federation.

When exercising state control over the quality of education, the subject of scheduled and unscheduled inspections is the compliance of the content and (or) quality of training of students and graduates of organizations with the requirements of federal state educational standards or federal state requirements.

The quality of education is a characteristic of the education system, reflecting the degree of compliance of the actual educational results achieved with regulatory requirements, social and personal expectations. Quality is one of the defining criteria for the development of the education system, it indicates the level of knowledge received by students in a particular educational institution.

In a number of constituent entities of the Russian Federation, in order to strengthen guarantees for the protection of the rights and dignity of participants in the educational process and the restoration of violated rights in educational institutions, the position of the Commissioner for the Protection of the Rights of Participants in the Educational Process has been introduced. The Commissioner does not replace the specialized services, organizations and societies involved in the protection of a person and a child, but intervenes only in cases where the measures taken were unsuccessful or were applied improperly.

In his activities, the Commissioner is guided by the Universal Declaration of Human Rights, the UN Convention on the Rights of the Child, the Constitution of the Russian Federation, the Federal Laws “On Education in the Russian Federation”, “On the Basic Guarantees of the Rights of the Child in the Russian Federation”, other Russian and international regulatory documents protecting human and child rights , the Charter and other local acts of the educational institution.

Do not forget about another group of participants in the educational process - pedagogical workers. The Law "On Education in the Russian Federation" establishes general requirements for persons involved in pedagogical activity. Persons engaged in pedagogical activities must have a secondary specialized or higher education (part 1 of article 46). Article 47 defines the legal status of a teacher and reveals its content.

The legal status of a teacher is understood as a set of rights and freedoms guaranteed by the state, including academic rights and freedoms, labor rights, social guarantees and compensation, as well as restrictions, duties and responsibilities established by the legislation of the Russian Federation, subjects of the Russian Federation. An analysis of the academic rights and freedoms of teaching staff, which are presented in the form of a closed list in the Federal Law "On Education in the Russian Federation", shows that several groups of rights and freedoms are understood as academic rights and freedoms:

1) constitutionally enshrined freedoms and rights (Articles 28, 29, 30, 44 of the Constitution of the Russian Federation),

2) rights derived from them and concretizing the freedom of teaching freedom and law (for example: freedom to choose and use pedagogically sound forms, methods, methods and techniques of teaching and educating the development of educational programs by students; the right to creative initiative, development and application of copyright programs and methods education and upbringing; the right to choose textbooks, teaching aids, materials and other teaching aids, etc.);

3) rights, which is a specification of general rights to free access to cultural values, information resources;

4) rights related to access to the management of an educational organization;

5) rights in the field of protection of personal and other rights.

An extremely important element in protecting the rights of participants in the educational process is a clear definition in the Law of the duties and responsibilities of pedagogical workers. Taking into account the social significance of the profession of a teacher, the degree of influence of teachers on students and pupils, “pedagogical workers are prohibited from using educational activities for political agitation, forcing students to accept political, religious or other beliefs or renounce them, to incite social, racial, national or religious hatred, for propaganda promoting the exclusivity, superiority or inferiority of citizens on the basis of social, racial, national, religious or linguistic affiliation, their attitude to religion, including by providing students with false information about the historical, national, religious and cultural traditions of peoples, as well as to encourage students to take actions that are contrary to the Constitution of the Russian Federation” (part 3, article 48).

The law establishes that persons to whom it is prohibited on the grounds provided for by the Labor Code of the Russian Federation are not allowed to engage in pedagogical activity. In Art. 331 Labor Code it is established that the following persons are not allowed to pedagogical activity:

Deprived of the right to engage in pedagogical activities in accordance with a court verdict that has entered into legal force;

Those who have or had a criminal record, are or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insults ), sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, the foundations of the constitutional order and state security, as well as against public security;

Those who have an unexpunged or outstanding conviction for intentional grave and especially grave crimes;

Recognized incompetent in accordance with the procedure established by federal law;

Those with diseases specified in the list approved by the federal executive body responsible for the development of public policy and legal regulation in the field of healthcare.

In this regard, when applying for a job in teaching positions, it is required to provide a certificate of no criminal record issued by the relevant bodies of the Ministry of Internal Affairs and the absence of mental illness. Certain categories of teaching staff are required to undergo annual medical checkup in the prescribed form.

Questions for self-control

1. List the international acts that secure the human right to education

2. Expand the content of the Bologna Declaration.

3. Explain the significance of the Bologna Declaration for the development of the higher education system in Russia.

4. Tell us about the constitutional guarantees of the right to education in Russia.

5. Expand the essence of the following concepts: education, training, upbringing, organizations engaged in educational activities, participants in educational relations.

6. List the general rights of children in the Russian Federation.

7. Tell us about the basic rights of students enshrined in the Federal Law "On Education in the Russian Federation."

8. What are the main responsibilities of students.

9. Describe the basic rights, duties and responsibilities of parents (legal representatives) of minor students in the field of education.

10. Tell us about the possible actions of students and their legal representatives aimed at protecting the rights of students.

11. Describe the basic rights and obligations of teachers.

1. Primary general education is aimed at shaping the personality of the student, developing his individual abilities, positive motivation and skills in learning activities(mastery of reading, writing, counting, basic skills of educational activities, elements theoretical thinking, the simplest self-control skills, a culture of behavior and speech, the basics of personal hygiene and healthy lifestyle life).

2. Basic general education is aimed at the formation and formation of the personality of the student (the formation of moral convictions, aesthetic taste and a healthy lifestyle, a high culture of interpersonal and interethnic communication, mastering the basics of science, the state language of the Russian Federation, the skills of mental and physical labor, the development of inclinations, interests , ability to social self-determination).

3. Secondary general education is aimed at the further formation and formation of the personality of the student, the development of interest in learning and the creative abilities of the student, the formation of skills for independent learning activities based on the individualization and professional orientation of the content of secondary general education, preparing the student for life in society, independent life choice, continuing education and starting a professional career.

4. The organization of educational activities in educational programs of primary general, basic general and secondary general education can be based on the differentiation of content, taking into account the educational needs and interests of students, providing in-depth study of individual academic subjects, subject areas of the corresponding educational program (professional education).

5. Primary general education, basic general education, secondary general education are compulsory levels of education. Students who have not mastered the basic educational program of primary general and (or) basic general education are not allowed to study at the next levels of general education. The requirement of obligatory secondary general education in relation to a particular student remains in force until he reaches the age of eighteen years, if the corresponding education was not received by the student earlier.

6. With the consent of the parents (legal representatives) of a minor student, the commission for minors and the protection of their rights and the local self-government body in charge of education, a student who has reached the age of fifteen may leave a general education organization before receiving basic general education. The Commission on Juvenile Affairs and the Protection of Their Rights, together with the parents (legal representatives) of a minor who left a general educational organization before receiving basic general education, and the local self-government body in charge of education, no later than one month, takes measures to continue mastering the educational programs of basic general education in a different form of education and with his consent for employment.

7. In an educational organization that implements educational programs of primary general, basic general and secondary general education, conditions may be created for students to live in a boarding school, as well as for the supervision and care of children in extended day groups.

8. For the maintenance of children in an educational organization with a boarding school, which includes providing students in accordance with established standards with clothes, shoes, soft equipment, personal hygiene items, school supplies, games and toys, household equipment, food and organizing their household - consumer services, as well as for the supervision and care of children in after-school groups, the founder of an educational organization has the right to establish a fee levied from the parents (legal representatives) of underage students, and its amount, unless otherwise provided by this Federal Law. The founder has the right to reduce the amount of the specified fee or not to collect it from certain categories of parents (legal representatives) of minor students in cases and in the manner determined by him.

9. It is not allowed to include expenses for the implementation of the educational program of primary general, basic general and (or) secondary general education, as well as expenses for the maintenance of real estate of state and municipal educational organizations in parental fee for the maintenance of children in an educational organization that has a boarding school, for the supervision and care of a child in extended day groups in such organizations.

10. For students in need of long-term treatment, disabled children who, for health reasons, cannot attend educational organizations, training in educational programs of primary general, basic general and secondary general education is organized at home or in medical organizations.

11. The procedure for formalizing relations of a state or municipal educational organization with students and (or) their parents (legal representatives) in terms of organizing training in educational programs of primary general, basic general and secondary general education at home or in medical organizations is established by the regulatory legal act of the authorized body state power of the subject of the Russian Federation.

Introduction:

The federal law is aimed at ensuring state guarantees and the implementation of the constitutional right of citizens to education, on the legal regulation of relations in the field of education in order to ensure and protect the interests of the individual, society and the state.

The federal law regulates the legal status of educational organizations (state, municipal, private), organizations providing training, individual entrepreneurs and the procedure for their educational activities, establishes the rights and obligations of students and their parents (legal representatives), pedagogical and other employees of educational organizations, and as well as measures of their social security.

The federal law defines the principles and mechanisms for exercising the right of citizens to an accessible, free and high-quality education, including the status and significance of federal state educational standards, the procedure for admission to organizations engaged in educational activities, the procedure for developing and implementing educational programs depending on the level and focus education.

The levels of general education (preschool education, primary general education, basic general education, secondary general education) and vocational education (secondary vocational education, higher education - bachelor's degree, higher education - specialist's degree, master's degree, higher education - training of highly qualified personnel) are established. In addition, the issues of obtaining additional education and vocational training.

The federal law establishes the powers of federal state authorities, state authorities of the constituent entities of the Russian Federation, local governments in the field of education, determines the procedure for licensing, state accreditation of educational activities, state control (supervision) in the field of education.

The Federal Law also contains norms concerning the determination of the standards for financing educational activities carried out at the expense of the relevant budgets of the budgetary system of the Russian Federation.

In general, the Federal Law is a single comprehensive regulatory legal act that regulates public relations in the field of education, taking into account the types, levels, forms of education, as well as the needs and interests of students.

From the date of entry into force of the Federal Law, the Law of the Russian Federation "On Education" and the Federal Law "On Higher and Postgraduate Professional Education" are recognized as invalid.

Federal Law of the Russian Federation of December 29, 2012 N 273-FZ "On Education in the Russian Federation"

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 for the purposes of intellectual, spiritual - moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;

2) upbringing- activities aimed at personal development, creating conditions for self-determination and socialization of the student on the basis of socio-cultural, spiritual and moral values ​​and rules and norms of behavior accepted in society in the interests of the individual, family, society and the state;

3) education- 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 form students' motivation to receive education throughout their lives;

4) the level of education- a completed cycle of education, characterized by a certain unified set of requirements;

5) qualification- the level of knowledge, abilities, skills and competencies, 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 responsible for 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 government 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 the 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 cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, calendar curriculum, work programs of educational subjects, courses, disciplines ( modules), other components, as well as evaluation and teaching materials;

10) exemplary basic educational program- educational and methodological documentation (exemplary curriculum, exemplary calendar study schedule, exemplary work programs of subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education of a certain level and (or) a certain focus, the planned results of mastering 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 profession and obtaining professional education;

12) professional education- a type of education that is aimed at acquiring by students in the process of mastering the basic professional educational programs 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) professional education- the type of education, which 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 studying an educational program;

16) 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) organization providing training- a legal 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) pedagogical worker- an individual who is in labor, service relations with an organization engaged in educational activities, and performs the duties of training, educating students and (or) organizing educational activities;

22) syllabus- a document that defines the list, labor intensity, sequence and distribution by periods of study of subjects, courses, disciplines (modules), practice, other types of educational activities and, unless otherwise established by this Federal Law, forms of intermediate certification of students;

23) individual study plan- 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- 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- 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 education and upbringing- devices, equipment, including sports equipment and inventory, instruments (including musical ones), educational and 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 people with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation specified persons;

29) the quality of education- a comprehensive description of the educational activities and training of the 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 of the 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 underage students, teachers and their representatives, organizations engaged in 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 interest of a teacher- a situation in which a teacher in the exercise 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 teacher due to a contradiction between his personal interest and the interests of the student, parents (legal representatives ) minor students;

34) babysitting and childcare- a set of measures for catering 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 environment, environmental management;

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 forms of education, forms of education, an 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. 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 features 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 public 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. The Russian Federation guarantees the general availability and free of charge, in accordance with federal state educational standards, of preschool, primary general, basic general and secondary general education, secondary vocational education, 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) the necessary conditions are created for receiving, without discrimination, high-quality education by persons with disabilities, for the correction of developmental disorders and social adaptation, the provision of early correctional assistance based on special pedagogical approaches and the most suitable languages, methods and ways of communication for these persons and conditions, in contributing to the maximum extent to obtaining education of a certain level and a certain focus, as well as social development 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 creative abilities in a certain area of ​​educational and research activities, in scientific, technical and artistic creativity, in physical culture 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) organization of 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 government programs Russian Federation, federal targeted programs, implementation of 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 organizations specified in paragraph 7 of this part, as well as executive authorities of the constituent entities of the Russian Federation, carrying out public 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 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 the educational activities of organizations engaged in educational activities on the territory of a subject 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 the state fee related to 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.

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 transferred powers is determined on the basis of a methodology approved by the Government of the Russian Federation, based on:

1) the number of municipal districts and urban districts on the territory of a constituent entity 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 powers of state control (supervision) in the field of education, licensing of educational activities and state accreditation of educational activities have been transferred to 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 collect 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 implementation of delegated powers, including administrative regulations for the provision of public services and the performance of state functions in the field 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 to the position the heads of the executive authorities of the constituent entity of the Russian Federation exercising delegated powers, in agreement with the federal executive authority exercising the functions of developing 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 subject of the Russian Federation on issues of transferred 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 not covered by such regulations. Additional requirements and restrictions in terms of the exercise 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 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, 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 publicly available and free preschool education in municipal preschool educational organizations, public and free preschool, primary general, basic general, secondary general education in municipal general educational organizations, providing additional education for children in municipal general educational organizations through the provision of subventions to 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 educational 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) organizing 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 to students experiencing difficulties in mastering basic general educational 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 governments 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.

Chapter 2. Education system

Article 10. Structure of the education system

1. The education system includes:

1) federal state educational standards and federal state requirements, educational standards, educational programs of various types, levels and (or) directions;

2) organizations engaged in educational activities, teachers, students and parents (legal representatives) of underage students;

3) federal state bodies and state authorities of the constituent entities of the Russian Federation exercising state management in the field of education, and local government bodies exercising management in the field of education, advisory, advisory and other bodies created by them;

4) organizations providing educational activities, assessing the quality of education;

5) associations of legal entities, employers and their associations, public associations operating in the field of education.

2. Education is divided into general education, vocational education, additional education and vocational training, which ensure the possibility of exercising the right to education throughout life (lifelong education).

3. General education and vocational education are implemented according to the levels of education.

4. The following levels of general education are established in the Russian Federation:

1) preschool education;

2) primary general education;

3) basic general education;

4) secondary general education.

5. The following levels of vocational education are established in the Russian Federation:

1) secondary vocational education;

2) higher education - bachelor's degree;

3) higher education - specialty, magistracy;

4) higher education - training of highly qualified personnel.

6. Additional education includes such subtypes as additional education for children and adults and additional vocational education.

7. The education system creates conditions for continuing education through the implementation of basic educational programs and various additional educational programs, providing the opportunity to simultaneously master several educational programs, as well as taking into account existing education, qualifications, practical experience in obtaining education.

Article 11. Federal state educational standards and federal state requirements. Educational standards

1. Federal state educational standards and federal state requirements provide:

1) the unity of the educational space of the Russian Federation;

2) continuity of the main educational programs;

3) the variability of the content of educational programs of the corresponding level of education, the possibility of forming educational programs of various levels of complexity and focus, taking into account the educational needs and abilities of students;

4) state guarantees of the level and quality of education based on the unity of mandatory requirements for the conditions for the implementation of basic educational programs and the results of their development.

2. Federal state educational standards, with the exception of the federal state educational standard for preschool education, educational standards are the basis for an objective assessment of compliance with the established requirements of educational activities and training of students who have mastered educational programs of the appropriate level and relevant focus, regardless of the form of education and the form of education.

3. Federal state educational standards include requirements for:

1) the structure of the main educational programs (including the ratio of the mandatory part of the main educational program and the part formed by the participants in educational relations) and their volume;

2) conditions for the implementation of basic educational programs, including personnel, financial, logistical and other conditions;

3) the results of mastering the main educational programs.

4. Federal state educational standards establish terms for obtaining general education and vocational education, taking into account various forms of education, educational technologies and features of certain categories of students.

5. Federal state educational standards of general education are developed according to the levels of education, federal state educational standards of vocational education can also be developed according to professions, specialties and areas of training at the corresponding levels of vocational education.

6. In order to ensure the realization of the right to education of students with disabilities, federal state educational standards for the education of these persons are established or special requirements are included in federal state educational standards.

7. When forming federal state educational standards for vocational education, the provisions of the relevant professional standards are taken into account.

8. Lists of professions, specialties and areas of training, indicating the qualifications assigned to the relevant professions, specialties and areas of training, the procedure for the formation of these lists are approved by the federal executive body that exercises the functions of developing state policy and legal regulation in the field of education. When approving new lists of professions, specialties and areas of training, the federal executive body responsible for the development of state policy and legal regulation in the field of education may establish the correspondence of the individual professions, specialties and areas of training indicated in these lists to professions, specialties and areas of training indicated in the previous lists of professions, specialties and areas of training.

9. The procedure for developing, approving federal state educational standards and making changes to them is established by the Government of the Russian Federation.

10. Lomonosov Moscow State University, St. Petersburg State University, educational organizations of higher education, in respect of which the category "federal university" or "national research university" is established, as well as federal state educational organizations of higher education, the list of which is approved by a decree of the President of the Russian Federation, has the right to develop and approve independently educational standards for all levels of higher education. The requirements for the conditions of implementation and the results of mastering educational programs of higher education included in such educational standards cannot be lower than the corresponding requirements of federal state educational standards.

Article 12. Educational programs

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 should ensure the acquisition of qualifications.

2. In the Russian Federation, basic educational programs are implemented in terms of the levels of general and vocational education, in terms of vocational training, and additional educational programs in terms of additional education.

3. The main educational programs include:

1) basic general education programs- educational programs of preschool education, educational programs of primary 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 graduate school (adjuncture), residency programs, assistantship-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 educational 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 carrying out educational activities, unless otherwise provided by this Federal Law.

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 in accordance with state-accredited educational programs (with the exception of educational programs of higher education implemented on the basis of educational standards approved by educational institutions of higher education independently), develop educational programs in accordance with federal state educational standards and taking into account the relevant exemplary main 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 based on 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 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 state authorities of the constituent entities of the Russian Federation 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).

13. The development of exemplary programs for the training of scientific and pedagogical personnel in postgraduate studies is provided by the federal executive authorities, 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 bodies for controlling the circulation of narcotic drugs and psychotropic substances , exemplary postgraduate internship 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. Authorized federal state bodies, in cases established by this Federal Law and other federal laws, develop and approve sample programs vocational training or model vocational training programs, in accordance with which educational organizations develop appropriate vocational training programs.

Article 13 General requirements to the implementation of educational programs

1. Educational programs are implemented by an organization carrying out educational activities, both independently and through network forms of their implementation.

2. When implementing educational programs, various educational technologies are used, including distance learning technologies, e-learning.

3. When implementing educational programs by an organization carrying out educational activities, a form of organizing educational activities can be applied, based on the modular principle of presenting the content of the educational program and building curricula, using appropriate educational technologies.

4. To determine the structure of professional educational programs and the complexity of their development, a system of credits can be used. The credit unit is a unified unit of measurement of labor intensity study load student, which includes all types of his educational activities provided for by the curriculum (including classroom and independent work), practice.

5. The number of credits for the main professional educational program for a specific profession, specialty or area of ​​training is established by the relevant federal state educational standard, educational standard. The number of credits for an additional professional program is established by the organization carrying out educational activities.

6. The main professional educational programs provide for the practice of students.

7. The organization of the practice provided for by the educational program is carried out by organizations carrying out educational activities on the basis of agreements with organizations carrying out activities under the educational program of the corresponding profile. The practice can be carried out directly in the organization carrying out educational activities.

8. Regulations on the practice of students mastering basic professional educational programs, and its types are approved by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of education.

9. The use in the implementation of educational programs of methods and means of training and education, educational technologies that are harmful to the physical or mental health of students is prohibited.

10. Federal state bodies, state authorities of the constituent entities of the Russian Federation, exercising state administration in the field of education, local governments exercising management in the field of education, are not entitled to change the curriculum and calendar curriculum of organizations engaged in educational activities.

11. The procedure for organizing and carrying out educational activities for the relevant educational programs of various levels and (or) directions or for the corresponding type of education is established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education, unless otherwise established by this Federal law.

Article 14. Language of education

1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as the choice of the language of instruction and education within the limits of the possibilities provided by the education system.

2. In educational organizations, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and learning state language of the Russian Federation, within the framework of state-accredited educational programs, are carried out in accordance with federal state educational standards, educational standards.

3. In state and municipal educational organizations located on the territory of a republic of the Russian Federation, teaching and learning of the state languages ​​of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and learning of the state languages ​​of the republics of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards. Teaching and learning the state languages ​​of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.

4. Citizens of the Russian Federation have the right to receive preschool, primary general and basic general education for mother tongue from among the languages ​​of the peoples of the Russian Federation, as well as the right to study their native language from among the languages ​​of the peoples of the Russian Federation, within the limits of the opportunities provided by the education system, in the manner established by the legislation on education. The implementation of these rights is ensured by the creation of the necessary number of relevant educational organizations, classes, groups, as well as the conditions for their functioning. Teaching and learning of the native language from among the languages ​​of the peoples of the Russian Federation within the framework of state-accredited educational programs is carried out in accordance with federal state educational standards, educational standards.

5. Education can be obtained at foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.

6. The language, languages ​​of education are determined by the local regulations of the organization carrying out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation.

Article 15. Network form of implementation of educational programs

1. The network form for the implementation of educational programs (hereinafter - the network form) provides the opportunity for students to master the educational program using the resources of several organizations engaged in educational activities, including foreign ones, and also, if necessary, using the resources of other organizations. In the implementation of educational programs using the network form, along with organizations engaged in educational activities, scientific organizations, medical organizations, cultural organizations, sports and other organizations that have the resources necessary for training, conducting educational and industrial practice and implementing other types of educational activities provided for by the relevant educational program.

2. The use of the network form for the implementation of educational programs is carried out on the basis of an agreement between the organizations specified in part 1 of this article. To organize the implementation of educational programs using the network form by several organizations engaged in educational activities, such organizations also jointly develop and approve educational programs.

3. The agreement on the network form of implementation of educational programs shall indicate:

1) type, level and (or) focus of the educational program (part of the educational program of a certain level, type and focus), implemented using the network form;

2) the status of students in the organizations specified in part 1 of this article, the rules for admission to study in an educational program implemented using a network form, the procedure for organizing academic mobility of students (for students in basic professional educational programs) mastering an educational program implemented using network form;

3) the conditions and procedure for the implementation of educational activities under the educational program implemented through the network form, including the distribution of responsibilities between the organizations specified in part 1 of this article, the procedure for implementing the educational program, the nature and amount of resources used by each organization implementing educational programs through network form;

4) issued document or documents on education and (or) qualification, document or documents on education, as well as organizations engaged in educational activities, which issue these documents;

5) the term of the contract, the procedure for its amendment and termination.

Article 16. Implementation of educational programs using e-learning and distance learning technologies

1. E-learning is understood as the organization of educational activities using the information contained in databases and used in the implementation of educational programs and providing its processing information technologies, technical means, as well as information and telecommunication networks that ensure the transmission of the specified information over communication lines, the interaction of students and teachers. Distance educational technologies are understood as educational technologies implemented mainly with the use of information and telecommunication networks with indirect (at a distance) interaction between students and teachers.

2. Organizations engaged in educational activities have the right to use e-learning, distance learning technologies in the implementation of educational programs in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education.

3. When implementing educational programs using exclusively e-learning, distance learning technologies in an organization engaged in educational activities, conditions must be created for the functioning of an electronic information and educational environment, including electronic information resources, electronic educational resources, a set of information technologies, telecommunication technologies, appropriate technological means and ensuring the development of educational programs by students in full, regardless of the location of the students. The list of professions, specialties and areas of training, the implementation of educational programs for which is not allowed using exclusively e-learning, distance learning technologies, is approved by the federal executive body responsible for developing state policy and legal regulation in the field of education.

4. When implementing educational programs using e-learning, distance learning technologies, the place of educational activity is the location of the organization carrying out educational activities, or its branch, regardless of the location of the students.

5. When implementing educational programs using e-learning, distance learning technologies, an organization carrying out educational activities ensures the protection of information constituting a state or other secret protected by law.

Article 17. Forms of education and forms of education

1. In the Russian Federation, education can be obtained:

1) in organizations carrying out educational activities;

2) outside organizations engaged in educational activities (in the form of family education and self-education).

2. Education in organizations engaged in educational activities, taking into account the needs, capabilities of the individual and depending on the volume of compulsory classes of a teacher with students, is carried out in full-time, part-time or part-time form.

3. Education in the form of family education and self-education is carried out with the right to subsequently pass, in accordance with Part 3 of Article 34 of this Federal Law, intermediate and state final certification in organizations engaged in educational activities.

4. A combination of various forms of education and forms of education is allowed.

5. Forms of education and forms of education for the main educational program for each level of education, profession, specialty and area of ​​training are determined by the relevant federal state educational standards, educational standards, unless otherwise established by this Federal Law. Forms of training for additional educational programs and basic professional training programs are determined by the organization carrying out educational activities independently, unless otherwise provided by the legislation of the Russian Federation.

Article 18. Printed and electronic educational and information resources

1. In organizations engaged in educational activities, in order to ensure the implementation of educational programs, libraries are formed, including digital (electronic) libraries that provide access to professional databases, information reference and search engines and other information resources. Library fund must be completed with printed and (or) electronic educational publications (including textbooks and teaching aids), methodological and periodic publications on all subjects, courses, disciplines (modules) included in the basic educational programs being implemented.

2. The norms for the provision of educational activities with educational publications per student in the main educational program are established by the relevant federal state educational standards.

3. Educational publications used in the implementation of educational programs of preschool education are determined by the organization carrying out educational activities, taking into account the requirements of federal state educational standards, as well as exemplary educational programs of preschool education and exemplary educational programs of primary general education.

4. Organizations carrying out educational activities according to educational programs of primary general, basic general, secondary general education that have state accreditation, for use in the implementation of these educational programs choose:

1) textbooks from among those included in the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education;

2) textbooks issued by organizations included in the list of organizations producing textbooks that are allowed to be used in the implementation of state-accredited educational programs of primary general, basic general, secondary general education.

5. 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 includes lists of textbooks recommended for use in the implementation of the mandatory part of the main educational program and the part, formed by the participants in educational relations, including textbooks that take into account the regional and ethno-cultural characteristics of the constituent entities of the Russian Federation, the realization of the rights of citizens to receive education in their native language from among the languages ​​of the peoples of the Russian Federation and the study of their native language from among the languages ​​of the peoples of the Russian Federation and literature of the peoples of Russia in native language.

6. Textbooks are included in the federal list of textbooks recommended for use in the implementation of educational programs of primary general, basic general, secondary general education with state accreditation, based on the results of an examination. In carrying out this examination of textbooks in order to ensure that the regional and ethnocultural characteristics of the constituent entities of the Russian Federation are taken into account, the rights of citizens to receive education in their native language from among the languages ​​of the peoples of the Russian Federation and to study their native language from among the languages ​​of the peoples of the Russian Federation and literature of the peoples of Russia in their native language participate authorized state authorities of the constituent entities of the Russian Federation.

7. The procedure for the formation of the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education, including the criteria and procedure for conducting an examination, the form of an expert opinion, as well as the grounds and procedure for excluding textbooks from the specified federal list are approved by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

8. The procedure for selecting organizations that produce textbooks that are allowed to be used in the implementation of educational programs of primary general, basic general, secondary general education that have state accreditation, the list of such organizations is approved by the federal executive body that performs the functions of developing state policy and regulatory legal regulation in the field of education. Authorized state authorities of the constituent entities of the Russian Federation participate in the selection of organizations that produce textbooks in their native language from among the languages ​​of the peoples of the Russian Federation and the literature of the peoples of Russia in their native language.

9. When implementing professional educational programs, educational publications, including electronic ones, determined by the organization carrying out educational activities.

Article 19. Scientific, methodological and resource support of the education system

1. In the education system, in accordance with the legislation of the Russian Federation, scientific research organizations and design organizations, design bureaus, educational and experimental farms, experimental stations, as well as organizations that carry out scientific and methodological, methodological, resource and information technology support of educational activities and management of the education system, assessment of the quality of education.

2. For the purpose of participation of pedagogical, scientific workers, representatives of employers in the development of federal state educational standards, exemplary educational programs, coordination of activities of organizations engaged in educational activities, in ensuring the quality and development of the content of education in the education system, educational and methodological associations may be created.

3. Educational and methodological associations in the education system are created by federal executive authorities and executive authorities of the constituent entities of the Russian Federation, exercising state administration in the field of education, and carry out their activities in accordance with the provisions approved by these bodies. Model provisions on educational and methodological associations in the education system are approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.

4. The composition of educational and methodological associations on a voluntary basis includes teachers, scientists and other employees of organizations engaged in educational activities, and other organizations operating in the education system, including representatives of employers.

Article 20. Experimental and innovative activities in the field of education

1. Experimental and innovative activities in the field of education are carried out in order to ensure the modernization and development of the education system, taking into account the main directions of the socio-economic development of the Russian Federation, the implementation priority areas state policy of the Russian Federation in the field of education.

2. Experimental activities are aimed at the development, testing and implementation of new educational technologies, educational resources and are carried out in the form of experiments, the procedure and conditions for which are determined by the Government of the Russian Federation.

3. Innovative activity is focused on improving the scientific and pedagogical, educational and methodological, organizational, legal, financial and economic, personnel, logistical support of the education system and is carried out in the form of the implementation of innovative projects and programs by organizations engaged in educational activities, and others acting in organizations in the field of education, as well as their associations. When implementing an innovative project, the program must ensure the observance of the rights and legitimate interests of participants in educational relations, the provision and receipt of education, the level and quality of which cannot be lower than the requirements established by the federal state educational standard, federal state requirements, educational standard.

4. In order to create conditions for the implementation of innovative projects and programs that are essential for ensuring the development of the education system, the organizations specified in Part 3 of this article and implementing these innovative projects and programs are recognized as federal or regional innovation platforms and constitute the innovation infrastructure in the system education. The procedure for the formation and functioning of the innovation infrastructure in the education system (including the procedure for recognizing an organization as a federal innovation platform), the list of federal innovation platforms are established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education. The procedure for recognizing the organizations specified in Part 3 of this article as regional innovation platforms is established by the state authorities of the constituent entities of the Russian Federation.

5. Federal state bodies and state authorities of the constituent entities of the Russian Federation, exercising public administration in the field of education, within their powers, create conditions for the implementation of innovative educational projects programs and implementation of their results in practice.

Chapter 3. Persons carrying out educational activities

Article 21. Educational activities

1. Educational activities are carried out by educational organizations and, in cases established by this Federal Law, organizations providing training, as well as individual entrepreneurs.

2. Organizations providing training and individual entrepreneurs, their students, teachers employed in organizations providing training, or individual entrepreneurs, are subject to the rights, social guarantees, duties and responsibilities of educational organizations, students and teachers of such educational institutions. organizations.

Article 22. Creation, reorganization, liquidation of educational organizations

1. An educational organization is created in the form established by civil law for non-profit organizations.

2. Spiritual educational organizations are created in accordance with the procedure established by the legislation of the Russian Federation on freedom of conscience, freedom of religion and religious associations.

3. The authorized federal executive body carrying out state registration of legal entities and individual entrepreneurs (its territorial body), in the manner and within the time limits established by the legislation on state registration of legal entities and individual entrepreneurs, notifies the federal executive body exercising control functions and supervision in the field of education, or the executive authority of the subject of the Russian Federation, exercising the transferred powers of the Russian Federation for licensing educational activities, on state registration of an educational organization.

4. An educational organization, depending on who created it, is state, municipal or private.

5. A state educational organization is an educational organization established by the Russian Federation or a constituent entity of the Russian Federation.

6. A municipal educational organization is an educational organization created by a municipal entity ( municipal district or city district).

7. A private educational organization is an educational organization established in accordance with the legislation of the Russian Federation by an individual or individuals and (or) a legal entity, legal entities or their associations, with the exception of foreign religious organizations.

8. Educational organizations implementing educational programs of higher education in the field of defense and security of the state, ensuring law and order, can only be created by the Russian Federation.

9. Educational organizations for students with deviant (socially dangerous) behavior who need special conditions for education, training and require special pedagogical approach(special educational and educational institutions of open and closed type) (hereinafter referred to as educational institutions), are created by the Russian Federation or a constituent entity of the Russian Federation.

10. An educational organization is reorganized or liquidated in the manner prescribed by civil law, taking into account the specifics provided for by the legislation on education.

11. Adoption by a federal executive body, an executive body of a subject of the Russian Federation or a local self-government body of a decision on the reorganization or liquidation of a state and (or) municipal educational organization is allowed on the basis of a positive conclusion of the commission assessing the consequences of such a decision.

12. Making a decision on the reorganization or liquidation of the municipal educational organization located in rural settlement, is not allowed without taking into account the opinion of the inhabitants of this rural settlement.

13. The procedure for assessing the consequences of making a decision to reorganize or liquidate a federal state educational organization, including the criteria for this assessment (by types of federal state educational organizations), the procedure for creating a commission to assess the consequences of such a decision and preparing its conclusions are established by the Government of the Russian Federation.

14. The procedure for assessing the consequences of a decision to reorganize or liquidate an educational organization administered by a constituent entity of the Russian Federation, a municipal educational organization, including the criteria for this assessment (by types of these educational organizations), the procedure for creating a commission to assess the consequences of such a decision and prepare its conclusions are established by the authorized body of state power of the constituent entity of the Russian Federation.

15. Creation, reorganization and liquidation of international (interstate) educational organizations are carried out in accordance with international treaties of the Russian Federation.

Article 23. Types of educational organizations

1. Educational organizations are divided into types in accordance with educational programs, the implementation of which is the main goal of their activities.

2. In the Russian Federation, the following types of educational organizations are established that implement the main educational programs:

1) preschool educational organization - an educational organization that, as the main goal of its activities, carries out educational activities in educational programs of preschool education, childcare and care;

2) general educational organization - an educational organization that, as the main goal of its activities, carries out educational activities in educational programs of primary general, basic general and (or) secondary general education;

3) professional educational organization - an educational organization that, as the main goal of its activities, carries out educational activities in educational programs of secondary vocational education;

4) educational organization of higher education - an educational organization that, as the main goal of its activities, carries out educational activities in educational programs of higher education and scientific activities.

3. In the Russian Federation, the following types of educational organizations are established that implement additional educational programs:

1) organization of additional education - an educational organization that, as the main goal of its activities, carries out educational activities in additional general educational programs;

2) organization of additional vocational education - an educational organization that, as the main goal of its activities, carries out educational activities for additional professional programs.

4. Educational organizations specified in parts 2 and 3 of this article have the right to carry out educational activities in the following educational programs, the implementation of which is not the main goal of their activities:

1) preschool educational organizations - additional general developmental programs;

2) general education organizations - educational programs of preschool education, additional general education programs, vocational training programs;

3) professional educational organizations - basic general education programs, vocational training programs, additional general education programs, additional professional programs;

4) educational organizations of higher education - basic general education programs, educational programs of secondary vocational education, vocational training programs, additional general education programs, additional professional programs;

5) organizations of additional education - educational programs of preschool education, vocational training programs;

6) organizations of additional vocational education - training programs for scientific and pedagogical personnel, residency programs, additional general education programs, vocational training programs.

5. The name of the educational organization must contain an indication of its organizational and legal form and the type of educational organization.

6. The name of the educational organization may use names that indicate the features of the educational activities being carried out (the level and focus of educational programs, the integration of various types of educational programs, the content of the educational program, special conditions for their implementation and (or) special educational needs of students), as well as additionally the functions carried out related to the provision of education (maintenance, treatment, rehabilitation, correction, psychological and pedagogical support, boarding school, research, technological activities and other functions).

Article 24 Lomonosov, St. Petersburg State University. Categories of educational institutions of higher education

1. Moscow State University named after M.V. Lomonosov, St. Petersburg State University are the leading classical universities of the Russian Federation. Features of the legal status of Moscow State University named after M.V. Lomonosov and St. Petersburg State University are determined by a special federal law.

2. In the Russian Federation, in relation to educational institutions of higher education, the Government of the Russian Federation may establish the categories "federal university" and "national research university". When establishing an educational organization of higher education of the category " federal university" or " national research university"The name of such an organization shall include an indication of the established category.

3. In order to ensure the training of personnel for the integrated socio-economic development of the constituent entities of the Russian Federation, the Government of the Russian Federation, on behalf of the Russian Federation, may create an educational organization of higher education in the form of an autonomous institution, which establishes the category "federal university". When creating a federal university, the Government of the Russian Federation takes into account the proposals of the legislative and executive authorities of the constituent entities of the Russian Federation, prepared on the basis of programs for the socio-economic development of the constituent entities of the Russian Federation.

4. The development of federal universities is carried out within the framework of programs developed federal universities, approved by the Government of the Russian Federation and providing for the conditions for implementation and criteria for evaluating the effectiveness of educational activities, the integration of educational and research activities, the modernization and improvement of the material and technical base and socio-cultural infrastructure, integration into the world educational space.

5. The category "national research university" is established for an educational organization of higher education based on the results of the competitive selection of development programs for educational organizations of higher education aimed at staffing priority areas for the development of science, technology, technology, sectors of the economy, social sphere, on the development and implementation of high technologies in production. The procedure for the competitive selection of development programs for educational institutions of higher education (including the conditions for their financial support) is established by the Government of the Russian Federation. List of indicators, criteria and frequency of evaluating the effectiveness of the implementation of national development programs research universities are established by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

6. An educational organization of higher education, based on the results of an assessment of the effectiveness of the implementation of development programs, may be deprived by the Government of the Russian Federation of the category "national research university".

Article 25

1. An educational organization operates on the basis of a charter approved in the manner prescribed by the legislation of the Russian Federation.

2. The charter of an educational organization must contain, along with the information provided for by the legislation of the Russian Federation, the following information:

1) type of educational organization;

2) the founder or founders of the educational organization;

3) types of implemented educational programs indicating the level of education and (or) focus;

4) the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.

3. In an educational organization, conditions must be created for familiarizing all employees, students, parents (legal representatives) of minor students with its charter.

Article 26. Management of an educational organization

1. Management of an educational organization is carried out in accordance with the legislation of the Russian Federation, taking into account the specifics established by this Federal Law.

2. The management of an educational organization is carried out on the basis of a combination of the principles of unity of command and collegiality.

3. The sole executive body of an educational organization is the head of the educational organization (rector, director, head, head or other head), who carries out the current management of the activities of the educational organization.

4. Collegial governing bodies are formed in an educational organization, which include a general meeting (conference) of employees of an educational organization (in a professional educational organization and an educational organization of higher education - a general meeting (conference) of employees and students of an educational organization), pedagogical council(in an educational organization of higher education - an academic council), as well as a board of trustees, a governing council, a supervisory board and other collegiate management bodies provided for by the charter of the relevant educational organization.

5. The structure, formation procedure, term of office and competence of the governing bodies of the educational organization, the procedure for making decisions by them and speaking on behalf of the educational organization are established by the charter of the educational organization in accordance with the legislation of the Russian Federation.

6. In order to take into account the opinions of students, parents (legal representatives) of underage students and teachers on the management of an educational organization and when an educational organization adopts local regulations affecting their rights and legitimate interests, at the initiative of students, parents (legal representatives) of underage students and teaching staff in an educational organization:

1) student councils are created (in a professional educational organization and an educational organization of higher education - student councils), councils of parents (legal representatives) of minor students or other bodies (hereinafter - student councils, parent councils);

2) there are trade unions of students and (or) employees of an educational organization (hereinafter - representative bodies of students, representative bodies of employees).

Article 27. Structure of an educational organization

1. Educational organizations are independent in the formation of their structure, unless otherwise established by federal laws.

2. An educational organization may have in its structure various structural units that ensure the implementation of educational activities, taking into account the level, type and focus of educational programs being implemented, the form of education and the mode of stay of students (branches, representative offices, departments, faculties, institutes, centers, departments, preparatory departments and courses, scientific research, methodological and educational departments, laboratories, design bureaus, educational and training workshops, clinics, educational and experimental farms, training grounds, training bases for practice, educational and demonstration centers, educational theaters, exhibition halls, training circus arenas, training dance and opera studios, training concert halls, art and creative workshops, libraries, museums, sports clubs, student sports clubs, school sports clubs, hostels, boarding schools, psychological and socio-pedagogical services that provide social adaptation and rehabilitation of students who need it, and other structural units provided for by local regulations of the educational organization).

3. Professional educational organizations and educational organizations of higher education may create departments and other structural units that provide practical training for students on the basis of other organizations that carry out activities in the profile of the relevant educational program, in the manner established by the federal executive body that performs the functions of developing the state policy and legal regulation in the field of education.

4. Structural divisions of an educational organization, including branches and representative offices, are not legal entities and act on the basis of the charter of the educational organization and the regulation on the relevant structural division, approved in the manner established by the charter of the educational organization. The implementation of educational activities in the representative office of an educational organization is prohibited.

5. A branch of an educational organization is created and liquidated in the manner prescribed by civil law, taking into account the specifics provided for by this Federal Law.

6. The decision to liquidate a branch of a state and (or) municipal preschool educational organization or a general educational organization by a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body is carried out in the manner established by Parts 11 and 12 of Article 22 of this Federal Law.

7. Branches of federal state educational organizations of higher education are created and liquidated by the founder in agreement with the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.

8. The creation of branches of state educational organizations that are under the jurisdiction of a constituent entity of the Russian Federation, or municipal educational organizations on the territory of another constituent entity of the Russian Federation or the territory of a municipal formation, is carried out in agreement, respectively, with the executive authority of the constituent entity of the Russian Federation, exercising public administration in the field of education, and the body local self-government, exercising management in the field of education, at the location of the created branch.

9. A representative office of an educational organization is opened and closed by an educational organization.

10. The creation or liquidation of a branch or representative office of an educational organization in the territory of a foreign state is carried out in accordance with the legislation of a foreign state at the location of the branch or representative office, unless otherwise established by international treaties of the Russian Federation.

11. The financial and economic activities of an educational organization at the location of its branch or representative office located on the territory of a foreign state are carried out in accordance with the legislation of this foreign state.

12. In state and municipal educational organizations, the creation and activities of political parties, religious organizations (associations) are not allowed.

Article 28. Competence, rights, duties and responsibilities of an educational organization

1. An educational organization has autonomy, which is understood as independence in the implementation of educational, scientific, administrative, financial and economic activities, the development and adoption of local regulations in accordance with this Federal Law, other regulatory legal acts of the Russian Federation and the charter of an educational organization.

2. Educational organizations are free to determine the content of education, the choice of educational and methodological support, educational technologies for the educational programs they implement.

3. The competence of an educational organization in the established field of activity includes:

1) development and adoption of internal regulations for students, internal labor regulations, other local regulations;

2) material and technical support of educational activities, equipment of premises in accordance with state and local norms and requirements, including in accordance with federal state educational standards, federal state requirements, educational standards;

3) providing the founder and the public with an annual report on the receipt and expenditure of financial and material resources, as well as a report on the results of self-examination;

4) establishment of the staffing table, unless otherwise established by the regulatory legal acts of the Russian Federation;

5) hiring employees, concluding and terminating employment contracts with them, unless otherwise established by this Federal Law, distribution of job responsibilities, creating conditions and organizing additional professional education for employees;

6) development and approval of educational programs of an educational organization;

7) development and approval in agreement with the founder of the educational organization development program, unless otherwise provided by this Federal Law;

8) admission of students to an educational organization;

9) determination of the list of textbooks in accordance with the approved 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, as well as teaching aids approved for use in the implementation of these educational programs of such organizations;

10) exercise current control progress and intermediate certification of students, the establishment of their forms, frequency and procedure for conducting;

11) individual accounting of the results of mastering educational programs by students, as well as storage in archives of information about these results on paper and (or) electronic media;

12) use and improvement of methods of education and upbringing, educational technologies, e-learning;

13) conducting self-examination, ensuring the functioning of the internal system for assessing the quality of education;

14) providing in an educational organization that has a boarding school, the necessary conditions for the maintenance of students;

15) creation of the necessary conditions for the protection and promotion of health, catering for students and employees of an educational organization;

16) creating conditions for students to study physical culture and sports;

17) acquisition or production of forms of documents on education and (or) qualifications;

18) establishing requirements for the clothes of students, unless otherwise provided by this Federal Law or the legislation of the constituent entities of the Russian Federation;

19) promoting the activities of public associations of students, parents (legal representatives) of underage students, carried out in an educational organization and not prohibited by the legislation of the Russian Federation;

20) organization of scientific and methodological work, including organization and holding of scientific and methodological conferences, seminars;

21) ensuring the creation and maintenance of the official website of the educational organization on the Internet;

22) other issues in accordance with the legislation of the Russian Federation.

4. Educational organizations of higher education carry out scientific and (or) creative activity, as well as the right to prepare scientific personnel(in doctoral studies). Other educational organizations have the right to conduct scientific and (or) creative activities in accordance with the legislation of the Russian Federation, if such activities are provided for by their charters.

5. An educational organization has the right to conduct a consulting, educational activities, activities in the field of protecting the health of citizens and other activities that do not contradict the goals of creating an educational organization, including organizing recreation and recreation for students during vacation time (with round-the-clock or daytime stay).

6. An educational organization is obliged to carry out its activities in accordance with the legislation on education, including:

1) ensure the full implementation of educational programs, compliance of the quality of training of students with the established requirements, compliance of the applied forms, means, methods of training and education with age, psychophysical characteristics, inclinations, abilities, interests and needs of students;

2) create safe conditions for training, education of students, supervision and care of students, their maintenance in accordance with established standards that ensure the life and health of students, employees of an educational organization;

3) to observe the rights and freedoms of students, parents (legal representatives) of underage students, employees of an educational organization.

7. An educational organization is liable in accordance with the procedure established by the legislation of the Russian Federation for failure to perform or improper performance of functions within its competence, for the implementation of incomplete educational programs in accordance with the curriculum, the quality of education of its graduates, as well as for the life and health of students , employees of the educational organization. For violation or illegal restriction of the right to education and the rights and freedoms of students, parents (legal representatives) of minor students, violation of the requirements for the organization and implementation of educational activities, the educational organization and its officials bear administrative responsibility in accordance with the legislation on education in accordance with the Code of the Russian Federation on administrative offenses.

Article 29

1. Educational organizations form open and public information resources containing information about their activities, and provide access to such resources by posting them in information and telecommunication networks, including on the official website of an educational organization on the Internet.

2. Educational organizations ensure openness and accessibility:

1) information:

a) on the date of establishment of the educational organization, on the founder, founders of the educational organization, on the location of the educational organization and its branches (if any), mode, work schedule, contact numbers and addresses Email;

b) on the structure and management bodies of the educational organization;

c) on ongoing educational programs indicating the subjects, courses, disciplines (modules), practices provided for by the relevant educational program;

d) on the number of students in educational programs being implemented at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets and under education agreements at the expense of individuals and (or) legal entities;

e) languages ​​of education;

f) on federal state educational standards, on educational standards (if any);

g) about the head of the educational organization, his deputies, heads of branches of the educational organization (if any);

h) on the personal composition of teaching staff, indicating the level of education, qualifications and work experience;

i) on the material and technical support of educational activities (including the availability of equipped classrooms, facilities for conducting practical classes, libraries, sports facilities, training and education facilities, nutrition and health conditions for students, access to information systems and information and telecommunication networks, on electronic educational resources to which students are provided with access);

j) on the directions and results of scientific (research) activities and the research base for its implementation (for educational institutions of higher education, organizations of additional professional education);

k) on the results of admission for each profession, specialty of secondary vocational education (if there are entrance examinations), each area of ​​training or specialty of higher education with different admission conditions (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets , under agreements on education at the expense of individuals and (or) legal entities) indicating the average amount of points scored for all entrance examinations, as well as the results of transfer, restoration and expulsion;

l) on the number of vacancies for admission (transfer) for each educational program, profession, specialty, field of study (for places financed from the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities);

m) on the availability and conditions for granting scholarships and social support measures to students;

n) on the availability of a hostel, a boarding school, the number of living quarters in a hostel, a boarding school for students from other cities, the formation of fees for living in a hostel;

o) on the volume of educational activities, the financial support of which is carried out at the expense of the budgetary allocations of the federal budget, the budgets of the constituent entities of the Russian Federation, local budgets, under agreements on education at the expense of individuals and (or) legal entities;

p) on the receipt of financial and material resources and on their expenditure at the end of the financial year;

c) employment of graduates;

2) copies:

a) the charter of the educational organization;

b) licenses for educational activities (with attachments);

c) certificates of state accreditation (with attachments);

d) a plan for the financial and economic activities of an educational organization, approved in accordance with the procedure established by the legislation of the Russian Federation, or a budget estimate of an educational organization;

e) local regulations provided for by Part 2 of Article 30 of this Federal Law, internal regulations for students, internal labor regulations, collective agreement;

3) a report on the results of self-examination. The performance indicators of an educational organization subject to self-examination and the procedure for its conduct are established by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education;

4) a document on the procedure for the provision of paid educational services, including a sample contract for the provision of paid educational services, a document on the approval of the cost of education for each educational program;

5) instructions of the bodies exercising state control (supervision) in the field of education, reports on the implementation of such instructions;

6) other information that is posted, published by the decision of the educational organization and (or) placement, the publication of which is mandatory in accordance with the legislation of the Russian Federation.

3. The information and documents specified in Part 2 of this Article, if in accordance with the legislation of the Russian Federation they are not classified as information constituting state and other secrets protected by law, shall be posted on the official website of the educational organization on the Internet and updated within ten working days from the date of their creation, receipt or introduction of appropriate changes to them. The procedure for posting on the official website of an educational organization on the Internet and updating information about an educational organization, including its content and the form of its provision, is established by the Government of the Russian Federation.

Article 30

1. An educational organization adopts local regulations containing the rules governing educational relations (hereinafter referred to as local regulations), within its competence in accordance with the legislation of the Russian Federation in the manner established by its charter.

2. An educational organization adopts local regulations on the main issues of organizing and carrying out educational activities, including regulating the rules for the admission of students, the mode of study of students, the forms, frequency and procedure for monitoring progress and intermediate certification of students, the procedure and grounds for transfer, expulsion and restoration students, the procedure for registration of the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of underage students.

3. When adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of student councils, parent councils, representative bodies of students, as well as in the manner and in cases provided for by labor legislation, representative bodies of employees (if there are such representative bodies ).

4. The norms of local regulations that worsen the situation of students or employees of an educational organization in comparison with the established legislation on education, labor legislation, or regulations adopted in violation of the established procedure, do not apply and are subject to cancellation by the educational organization.

Federal Law of the Russian Federation of December 29, 2012 N 273-FZ "On Education in the Russian Federation" defines all the features of education in our country. These norms are aimed at meeting the needs of people in high-quality and proper education, as well as at improving the education sector, taking into account the needs of modern times.

In principle, the law is aimed at improving education, at the formation of more stringent rules for the development of the structure and programs of an educational nature, at improving the professional qualities of teachers.

1. The legislator determines that school education, in accordance with constitutional norms, remains free and is provided to everyone at the place of residence. That is, you can send your child to study at a school near your home. Also, certain norms are prescribed for those students who live in a particular city on the basis of temporary registration;
2. A clear age for admission to school has been determined. In principle, this age is based on numerous studies of specialists who are sure that it is with this aspect that the child's perception of learning information is associated. Standards are also established that determine the importance and significance of preschool and additional education. Thus, the legislator puts emphasis on the comprehensive development of the child. At school, he receives certain knowledge and skills of a standard plan. Additional educational institutions allow the development of professional and creative inclinations of the child. And preschool education allows you to properly prepare the child for school;
3. Among other things, the legislator determined the need for monitoring the effectiveness of universities. So, every year, a specialized process of assessing the quality and effectiveness of education is carried out. Moreover, not only public, but private institutions are subject to verification;
4. The legislator has established certain changes regarding the results of the unified state exam. Now these results will be valid for five years. Thus, a person during this time will be able to choose a professional direction for further education.

Features and prospects of the law on education

The whole structure of this law is based on the need to improve the quality of education and upbringing. It all starts with preschool education, to which the legislator paid a very significant amount of attention. He determined that all parents who have a desire to engage in family education can receive the necessary consultations free of charge in special state institutions. School education is an important stage in a person's life. And the legislator was extremely attentive to the development of all elements this education to form a structure worthy of developing all the intellectual and individual abilities and characteristics of the child.

Federal Law of the Russian Federation of December 29, 2012 N 273-FZ "On Education in the Russian Federation" defines all the features of the formation of preschool norms ...

The government of our country strives to improve the education sector as much as possible. It is for this reason that the new law on education included many new regulations, ...

LAW OF THE RUSSIAN FEDERATION "ON EDUCATION"

the fundamental document that determines the policy of states in the field of education. The law is federal, delimiting the competence and responsibility in the field of education of federal state authorities and state authorities of the constituent entities of the Russian Federation.

Law of the Russian Federation "On Education"

- adopted in 1992, amended and supplemented in 1996. Contains 58 articles related to state policy in the field of education, the education system and its management, social guarantees for the realization of citizens' rights to education, international activities in the field of education. Article 7 of the Law "On Education" states that the Russian Federation, represented by federal government bodies, within their competence, establishes federal components of state educational standards that determine without fail: 1) a mandatory minimum content of basic educational programs; 2) the maximum amount of teaching load of students; 3) requirements for the level of training of graduates.

The main legislative sources of Russian educational law - the Law of the Russian Federation "On Education" and the Federal Law "On Higher and Postgraduate Professional Education" - were adopted at a time when educational law was formed by the national legislator independently, at its own discretion, only taking into account the development trends of international law. At the federal level, the legislative basis for the legal regulation of relations in the field of general education, as well as higher and postgraduate professional education is represented by: 1) The Constitution of the Russian Federation, Article 43 is entirely devoted to education. It establishes the right of everyone to education. In relation to higher education, this norm is specified as follows: "Everyone has the right to receive higher education free of charge on a competitive basis in a state or municipal educational institution and at an enterprise." At the same time, the Russian Federation "establishes federal state educational standards, supports various forms of education and self-education." Along with Art. 43, separate provisions regulating relations in the field of education are also contained in other articles of the Basic Law of the Russian Federation: for example, in Art. 72 (paragraph 1 e), general issues of education are assigned to the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation, (in article 114 paragraph c) it is established that the Government of the Russian Federation ensures the implementation of a unified state policy in the field of education in the Russian Federation. 2) Law of the Russian Federation of July 10, 1992 No. 3266-1 "On Education", regulates the system of public relations in the field of education, by which the legislator understands "a purposeful process of educating and educating a person, society, state, accompanied by a statement of achievement by a citizen (student) established by the state educational levels (educational qualifications)". The Law of the Russian Federation "On Education" regulates issues common to all elements and levels of the education system in the Russian Federation, and also contains norms that directly relate to higher and postgraduate education (for example, articles 24, 25). 3) Federal Law No. 125-FZ of August 22, 1996 "On Higher and Postgraduate Professional Education", adopted four years after the appearance of the "basic" law "On Education", developed, concretized and clarified the main provisions of the Law of the Russian Federation "On Education" in relation to to higher and postgraduate education. The Federal Law "On Higher and Postgraduate Professional Education" regulates different kinds public relations related to obtaining higher professional education, postgraduate and doctoral studies, awarding academic titles and awarding academic degrees, etc. The norms of this law regulate: - the system of higher and postgraduate education and the management of this system; - the status of subjects of educational and scientific activity in the system of higher postgraduate education; - Economics of the system of higher and postgraduate education; - international and foreign economic activity of higher educational institutions. 4) other "profile" federal laws, i.e. laws adopted to regulate relations developing exclusively in the field of education; there may be other legislative acts adopted to regulate relations that develop exclusively in the field of education. For example: federal law of April 10, 2000 No. 51-FZ "On Approval of the Federal Program for the Development of Education" and others. 5) "non-core" laws containing separate norms governing relations in the field of education, these laws occupy a special place in the mechanism of legal regulation of relations in the field of higher and postgraduate education. A large number of such laws, their "diversity" (some laws contain one or two articles on educational issues, others - entire chapters), frequent collisions of the norms of such laws with the norms contained in the "profile" laws on education - these and a number of other reasons make the task of systematizing legislation in the field of education very relevant. Numerous "non-core" laws can be combined, with a certain degree of conventionality, into the following groups: a) federal laws that regulate general issues of organizing higher and postgraduate education in the Russian Federation b) federal laws that contain rules on special types (directions) education c) federal laws that establish various benefits for participants in educational relations d) federal laws regulating labor relations and determining the procedure for social security of participants in educational legal relations e) federal laws regulating relations in the field of economics and finance of higher and postgraduate education ^ Sub-legislative normative legal acts, regulating relations at the federal level in the field of higher and postgraduate professional education, can be combined according to the principle of decreasing legal force into the following groups: - Decrees of the President of the Russian Federation, among which, in turn, we can distinguish: a) decrees adopted exclusively to regulate relations in the field of higher and postgraduate professional education b) decrees containing separate provisions that relate to the issues of higher and postgraduate professional education - ^ Decrees of the Government of the Russian Federation, which may also be devoted entirely to the regulation of higher and postgraduate professional education, or may contain separate provisions regulating certain relations in the field of higher and postgraduate professional education - ^ Normative legal acts of federal executive authorities adopted on issues of higher and postgraduate professional education. 2. International legal norms in the field of education. Today, the sources of international law that regulate integration processes in certain areas of education are becoming international standards that are mandatory for the legislative power of a state participating in integration processes when adopting acts of domestic law. And this change in the philosophy of educational law requires prompt reflection in the text of the Law of the Russian Federation "On Education" and the Federal Law "On Higher and Postgraduate Vocational Education". The Bologna Process is a profound structural reform of higher education in Europe. Its source was the Sorbonne Declaration of the Ministers of Education of Great Britain, Germany, France and Italy "On the Harmonization of the European Higher Education Area" (May 25, 1998). In 1999, the Ministers of Education of 29 European countries signed the Bologna Declaration on the creation by 2010 of a single and harmonious European Higher Education Area, Russia joined in 2003. The following main objectives were set: - adoption of a system of easily understood and comparable degrees; - adoption of a system based on two main cycles (bachelor's degree - master's degree); - introduction of a system of credits for assessing the labor intensity of subjects; - expanding mobility by removing administrative - barriers and problems associated with recognition; - support for European cooperation in the field of quality assurance; - support for the European dimension in higher education. At subsequent ministerial meetings in Prague (2001), Berlin (2003) and Bergen (2005), the Bologna Process was enriched with other lines of action: - development of lifelong learning strategies; - involvement of universities and students in the process as the most important partners; - increasing the attractiveness and competitiveness of European education; - inclusion of postgraduate studies in the general system of higher education (as a third cycle); - Strengthening the social component in higher education. The main task Bologna process is the creation of a common European area of ​​higher education, the expansion of the mobility of students and teachers. Universal tools for ensuring mobility, such as the credit transfer and accumulation system, the Diploma Supplement, the knowledge assessment system, allow students to study in different educational institutions and in different countries. 3. The legal basis for the organization and activities of the student, the mechanism for the implementation and protection of his rights, the performance of duties. Legal regulation of relations in the field of higher and postgraduate professional education is carried out by the Federal Law "On Higher and Postgraduate Professional Education", other laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts. 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. The Universal Declaration of Human Rights of 1948 in paragraph 1 of Art. 26 enshrines the right of every person to education. At the same time, "Education should be free at least as far as primary and general education is concerned. Primary education should be compulsory. Technical and vocational education should be publicly available, and higher education should be equally accessible to all on the basis of everyone's ability." This right is also enshrined in Art. 13 of the International Covenant on Economic, Social and cultural rights 1966, and in art. 28 of the 1989 Convention on the Rights of the Child. Developing the above provision of the 1948 Declaration, art. 2 of Protocol No. 1 to the European Convention on Human Rights and Fundamental Freedoms of 1952 establishes that “No one shall be denied the right to education. The State, in the performance of any duties it assumes in the field of education and training, shall respect the right of parents provide children with such education and training in accordance with their own religious and philosophical convictions.” The 1950 European Convention itself, among other things, notes that the right to education by its nature and nature requires state regulation, and this is also the most important socio-political determinant of the education system of any state. The right to education, in the opinion of the Director General of UNESCO, should not be reduced only to general basic education - it should be realized throughout life. It should be considered as the right and duty of a person to lifelong education. He calls the great task - the maximum development of the huge intellectual potential of man and notes that in our time in the world a very small number of people have access to its embodiment. As for the majority, it must first be saved from ignorance, disease, malnutrition. On December 14, 1960, the General Conference of UNESCO adopted the Convention against Discrimination in Education. Russian legislation contains practically no discriminatory provisions. So, according to Art. 5 of the Law of the Russian Federation "On Education", citizens are guaranteed the opportunity to receive education regardless of gender, race, nationality, language, origin, place of residence, attitude to religion, beliefs, membership in public organizations (associations), age, state of health, social, property and official position, the presence of a criminal record. ^ Students of higher educational institutions have the right to: 1) to acquire knowledge corresponding to the current level of development of science, technology and culture, to determine, in agreement with the relevant educational departments of a higher educational institution, a set of training disciplines; 2) visit all kinds training sessions in this, and by agreement between the leaders - in other higher educational institutions; 3) to participate in the discussion and resolution of the most important issues of the activities of the higher educational institution, including through public organizations and the governing bodies of the university; 4) free use (in state higher educational institutions) of libraries, information fund, services of educational, scientific, medical and other departments of the university in the manner determined by its charter, take part in all types of research work, conferences, symposiums, submit for publication their works, including in publications of higher educational institutions; 5) appeal against the orders and instructions of the administration of the higher educational institution in the manner prescribed by the legislation of the Russian Federation; 6) full-time students have the right to work in enterprises, institutions and organizations of any organizational and legal form in their free time; 7) students are obliged to acquire knowledge, perform all types of tasks, requirements stipulated by the curriculum and educational programs of a higher educational institution, comply with the charter of a higher educational institution and comply with the internal regulations and rules of the hostel; 8) higher educational institution is obliged to inform students about the situation in the field of employment, to assist them in concluding agreements (contracts) with enterprises, institutions and organizations on employment; 9) the student has the right to choose a specialization. The procedure for its selection is determined by the letter of the Ministry of Education of the Russian Federation dated March 15, 1999 No. 4 "On specializations in the specialty of higher professional education"; 10) the student has the right to receive additional qualification "teacher". State requirements for the minimum content and level of professional training of a graduate to obtain the qualification "teacher" (the third level of higher professional education) were approved by the State Committee for Higher Education of the Russian Federation on February 20, 1995; 11) in order to realize the right to education of citizens in need of social assistance, the state fully or partially bears the costs of their maintenance during the period of their education, providing scholarships, preferential or free meals, travel by transport and other types of benefits and material assistance. Citizens who have shown outstanding abilities are provided with special state scholarships in increased amounts, their education abroad is financed; 12) submit their work for publication, including in publications of a higher educational institution; 13) switch from a paid form of education to a free one in the manner prescribed by the charter of a higher education institution; 14) for medical reasons and in other exceptional cases, a student of a higher educational institution is granted academic leave; 15) freedom of transfer to another higher education institution and other ^ Disciplinary responsibility. For violation by a student of the obligations stipulated by the charter of a higher educational institution and the rules of its internal regulations, disciplinary sanctions may be applied to him, up to expulsion from a higher educational institution. Disciplinary sanctions, including expulsion, may be imposed on a student of a higher educational institution after receiving an explanation from him in writing. A disciplinary sanction is applied no later than one month from the day the misconduct was discovered and no later than 6 months from the day it was committed, not counting the student's illness and (or) being on vacation. It is not allowed to expel students during their illness, holidays, academic leave or maternity leave.