Chapter I. General Provisions
Article 1. Legal regulation of relations in the field of higher and postgraduate professional education
1. Legal regulation of relations in the field of higher and postgraduate professional education is carried out by this Federal Law, other laws and other regulatory legal acts Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation and municipal legal acts.
2. 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.
Article 2
1. The state policy in the field of higher and postgraduate professional education is based on the principles defined by the Law of the Russian Federation "On Education", as well as on the following principles:
1) has expired.
2) continuity and continuity of the education process;
3) integration of the system of higher and postgraduate professional education of the Russian Federation while maintaining and developing the achievements and traditions of the Russian high school into the world system higher education;
4) competitiveness and publicity in determining priority areas for the development of science, engineering, technology, as well as training of specialists, retraining and advanced training of workers;
5) state support for the training of specialists, priority areas scientific research in the field of higher and postgraduate professional education.
2. Has expired.
3. The state ensures the priority development of higher and postgraduate professional education through:
1) funding from the federal budget for training in federal state educational institutions of higher professional education for at least one hundred and seventy students for every ten thousand people living in the Russian Federation;
2) expanding the access of citizens of the Russian Federation to higher education;
3) has become invalid.
4) providing students (students, graduate students, doctoral students and other categories of students) in the state system of higher and postgraduate professional education with state scholarships, places in hostels, other measures of social support in accordance with the law;
5) creating conditions for equal accessibility of higher and postgraduate professional education;
6) has become invalid.
7) creating conditions for the integration of higher and postgraduate professional education and science.
4. Citizens of the Russian Federation are guaranteed to receive on a competitive basis free higher and postgraduate professional education in state and municipal educational institutions of higher professional education within the limits of federal state educational standards, federal state requirements and educational standards established in accordance with paragraph 4 of Article 5 of this Federal Law and requirements, if a citizen receives education of this level for the first time.
5. Citizens of the Russian Federation are guaranteed the freedom to choose the form of obtaining higher and postgraduate professional education, educational institution and direction of training (specialty).
Restrictions on the rights of citizens to receive higher and postgraduate professional education may be established exclusively by federal law only to the extent necessary to protect the morality, health, rights and legitimate interests of others, to ensure the defense of the country and the security of the state.
Article 2.1. Integration of higher and postgraduate professional education and science
1. The integration of higher and postgraduate professional education and science is aimed at staffing scientific research, as well as the development and improvement of the education system through the use of new knowledge and achievements of science and technology.
2. The integration of higher and postgraduate professional education and science can be carried out in various forms, including:
1) conducting scientific research and experimental development by higher educational institutions at the expense of grants or other sources of funding;
2) attraction by higher educational institutions of employees of scientific organizations and scientific organizations of employees of higher educational institutions on contractual basis to participate in educational and (or) scientific activity;
3) implementation by higher educational institutions and scientific organizations of joint scientific and educational projects, scientific research and experimental development, as well as other joint activities on a contractual basis;
4) implementation by scientific organizations educational programs postgraduate professional education, as well as educational programs of additional professional education;
5) creation on the basis of higher educational institutions by scientific organizations of laboratories carrying out scientific and (or) scientific and technical activities, in the manner established by the federal executive body authorized by the Government of the Russian Federation;
6) creation by higher educational institutions on the basis of scientific organizations of departments that carry out the educational process, in the manner established by the federal executive body authorized by the Government of the Russian Federation.
Article 3. Autonomy educational institutions higher professional education and academic freedom
1. The autonomy of an educational institution of higher professional education (hereinafter referred to as a higher educational institution) is understood as its independence in the selection and placement of personnel, the implementation of educational, scientific, financial, economic and other activities in accordance with the law and the charter of a higher educational institution, approved in the established legislation okay.
2. A higher educational institution is responsible for its activities to the individual, society and the state. Control over the compliance of the activities of a higher educational institution with the goals provided for by its charter is carried out within their competence by the founder of a higher educational institution and the federal executive body exercising the functions of control and supervision in the field of education and issuing a license to conduct educational activities (hereinafter referred to as the license).
3. Academic freedoms are granted to teaching staff from among the teaching staff, researchers and students of a higher educational institution, including the freedom of a teaching staff of a higher educational institution to express academic subject at his own discretion, to choose topics for scientific research and conduct them by his own methods, as well as the freedom of the student to acquire knowledge according to his inclinations and needs.
The provided academic freedoms entail academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.
Chapter II. The system of higher and postgraduate professional education
Article 4. Structure of the system of higher and postgraduate professional education
The structure of the system of higher and postgraduate professional education is a combination of:
Federal state educational standards of higher professional education, federal state requirements for postgraduate professional education and educational programs of higher and postgraduate professional education;
Having licenses of higher educational institutions, scientific organizations and educational institutions of the corresponding additional professional education;
Scientific, design, industrial, clinical, medical and preventive, pharmaceutical, cultural and educational institutions, organizations and enterprises that conduct scientific research and ensure the functioning and development of higher and postgraduate professional education;
Bodies exercising management in the field of education and institutions, organizations and enterprises subordinate to them;
Public and state-public associations (creative unions, professional associations, societies, scientific and methodological councils and other associations).
Article 5. Federal State Educational Standards for Higher Professional Education and Federal State Requirements for Postgraduate Professional Education. Main educational programs of higher and postgraduate professional education
1. Federal state educational standards of higher professional education are designed to provide:
1) the unity of the educational space of the Russian Federation;
2) quality of higher professional education;
3) the basis for an objective assessment of the activities of educational institutions implementing educational programs of higher professional education;
4) recognition and establishment of equivalence of documents of foreign states on higher vocational education.
2. Federal state educational standards of higher professional education, as well as educational standards and requirements established in accordance with paragraph 4 of this article, include requirements for:
1) the structure of the main educational programs, including the requirements for the ratio of parts of the main educational program and their volume, as well as the ratio of the mandatory part of the main educational program and the part formed by the participants educational process;
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.
3. Development and approval of federal state educational standards of higher professional education are carried out in the manner determined by the Government of the Russian Federation.
4. Moscow State University named after M.V. Lomonosov, St. Petersburg State University, federal state educational institutions of higher professional education, the list of which is approved by decree of the President of the Russian Federation, as well as federal universities and universities, in respect of which the category "national research university", has the right to implement educational programs of higher professional and postgraduate professional education on the basis of educational standards and requirements established by them independently.
The requirements for the conditions of implementation and the results of mastering the basic educational programs included in such educational standards cannot be lower than the corresponding requirements of federal state educational standards.
5. The main educational program of higher professional education ensures the implementation of the federal state educational standard, taking into account the type of higher educational institution, educational needs and requests of students and includes a curriculum, work programs training courses, subjects, disciplines (modules) and other materials that ensure the quality of training of students, as well as programs of educational and industrial practice, calendar training schedule and teaching materials that ensure the implementation of the appropriate educational technology.
6. The federal executive body that performs the functions of developing public policy and regulatory and legal regulation in the field of education, ensures the development, on the basis of federal state educational standards or federal state requirements, of exemplary basic educational programs of higher professional education and basic educational programs of postgraduate professional education (for students in graduate school, adjuncture, internship, residency), including myself sample programs training courses, subjects, disciplines (modules).
7. Federal state requirements are established by the authorized federal executive body for the structure of the main educational program of postgraduate professional education (with the exception of doctoral studies).
8. The list of areas of training (specialties) of higher and postgraduate professional education is established in the manner determined by the Government of the Russian Federation.
Article 6. Levels of higher professional education, terms and forms of its receipt
1. The main educational programs of higher professional education are implemented by levels.
2. The following levels of higher professional education are established in the Russian Federation:
Higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, qualifications (degrees) "bachelor" - bachelor's degree;
Higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, qualifications (degrees) "specialist" or qualifications (degrees) "master" - training of a specialist or magistracy.
3. The paragraph is no longer valid.
Persons who have not completed the development of the main educational program of higher professional education are issued academic certificates of the established form.
4. Regulatory terms for mastering the main educational programs of higher professional education in full-time education are:
To obtain a qualification (degree) "bachelor" - four years;
To obtain a qualification (degree) "specialist" - at least five years;
To obtain a qualification (degree) "Master" - two years.
The list of areas of training (specialties) for which other standard terms for mastering the main educational programs of higher professional education (bachelor's degree programs, specialist training programs or master's programs) can be established is established by the Government of the Russian Federation.
5. Persons who have received state documents on the appropriate level of higher professional education, confirmed by the qualification (degree) "bachelor" assigned to the person, have the right to continue their studies on a competitive basis in the educational program of higher professional education - the master's program.
Obtaining education in the following educational programs of higher professional education is considered as obtaining a second higher professional education:
For undergraduate programs or specialist training programs - by persons with a bachelor's degree, a specialist's degree, a master's degree;
For master's programs - by persons with a specialist diploma, a master's degree, unless otherwise provided by federal laws.
6. Has expired.
7. The mastering by a person of an educational program of higher professional education of the appropriate level in a higher educational institution that has state accreditation is a condition for him to occupy a certain position in a state, municipal organization, receive an official salary and allowances for it. For persons who have mastered the educational programs of higher medical and higher pharmaceutical education, the condition for them to occupy these positions is the primary one-year postgraduate training (internship), confirmed by certificates of the established form.
Qualification (degree) "bachelor", qualification (degree) "specialist", qualification (degree) "master" when applying for a job give a citizen the right to apply for a position for which qualification requirements provide for higher professional education, unless otherwise established by federal laws .
Occupation of positions of state and municipal employees is carried out in the manner established by the relevant federal law.
8. The main educational programs of higher professional education by students can be mastered in various forms, depending on the volume of compulsory classes of a teacher of a higher educational institution with students: full-time, part-time (evening), part-time, in the form of an external student. A combination of various forms of obtaining higher professional education is allowed. The list of areas of training (specialties) for which the receipt of higher professional education in part-time (evening), part-time forms of study or in the form of external study is not allowed, is established by the federal executive body authorized by the Government of the Russian Federation.
9. Externship - independent study students of disciplines according to the main educational program of higher professional education in the chosen area of training (specialty) with subsequent certification (current and final) in a higher educational institution with state accreditation.
The regulation on external studies is approved by the federal executive body responsible for the development of state policy and legal regulation in the field of education.
10. Persons studying in higher educational institutions that do not have state accreditation or who have successfully completed them are entitled to current and final state certification in higher educational institutions that have state accreditation, on the terms of an external student.
Article 7. Documents on higher and postgraduate professional education
1. Persons who have completed training in educational programs of higher and postgraduate professional education and have passed the final certification are issued documents on the appropriate level of education.
2. A state-accredited higher education institution shall issue state-recognized documents to graduates on the appropriate level of education with the official symbols of the Russian Federation. The form of a state document is approved by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of education.
2.1. Moscow State University named after M.V. Lomonosov and St. Petersburg State University issue to graduates documents on the appropriate level of education and (or) qualifications with the official symbols of the Russian Federation, which are certified by the seal of the Moscow state university named after M.V. Lomonosov and St. Petersburg State University and the forms of which are approved by these universities respectively.
Documents on the appropriate level of education and (or) qualifications issued by the Moscow State University named after M.V. Lomonosov, St. Petersburg State University, give their holders the rights similar to the rights provided for holders of state documents on the appropriate level of education and (or) qualifications.
3. The following types of documents on the levels of higher professional education are established:
Bachelor's degree;
Specialist diploma;
Master's degree.
4. The decision of the state attestation commission on awarding a qualification (degree) to a graduate and issuing him a state-recognized document on higher professional education can be canceled by the federal executive body that approved the chairman of the state attestation commission only if the established procedure for issuing documents is violated through the fault of the student state standard on higher professional education.
5. Based on the results of defending a dissertation, a diploma of a candidate of science or a diploma of a doctor of science is issued in accordance with the established procedure.
Article 8. Higher education institution, its tasks and structure
1. A higher educational institution is an educational institution established and operating on the basis of the legislation of the Russian Federation on education, having the status of a legal entity and implementing educational programs of higher professional education in accordance with a license.
2. The main tasks of a higher educational institution are:
1) satisfaction of the needs of the individual in intellectual, cultural and moral development through obtaining higher and (or) postgraduate professional education;
2) the development of sciences and arts through scientific research and creative activity scientific and pedagogical workers and students, the use of the results obtained in the educational process;
3) training, retraining and advanced training of workers with higher education and scientific and pedagogical workers of higher qualification;
4) the formation of a civic position among students, the ability to work and live in conditions modern civilization and democracy;
5) preservation and enhancement of the moral, cultural and scientific values of society;
6) dissemination of knowledge among the population, raising its educational and cultural level.
3. Higher educational institutions are independent in the formation of their structure, with the exception of their branches, unless otherwise established by federal laws.
The status and functions of a structural subdivision of a higher education institution are determined by the charter of the higher education institution or in the manner prescribed by it.
Structural divisions of a higher educational institution may implement educational programs of primary general, basic general, secondary (complete) general, primary vocational and secondary vocational education, as well as educational programs additional education if the higher education institution has the appropriate license.
Branches of higher educational institutions are separate structural units located outside its location.
Branches of federal state higher educational institutions are created by the founder in agreement with the federal executive body responsible for the development of state policy and legal regulation in the field of education, the relevant executive authorities of the constituent entities of the Russian Federation and bodies local government at the location of the branch. Branches of federal state higher educational institutions subordinate to federal executive bodies, in which military service is provided for by federal laws, are created by the founder in agreement with the federal executive body that exercises the functions of developing state policy and legal regulation in the field of education.
The standard regulation (regulation) on the branches of federal state higher educational institutions and the procedure for their organization are developed and approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.
Paragraphs seven - eight have lost their force.
The performance indicators of branches of higher educational institutions are taken into account during the state accreditation of such higher educational institutions.
Article 9. Types and names of higher educational institutions
1. The following types of higher educational institutions are established in the Russian Federation: federal university, university, academy, institute.
1.1. The Federal University is a higher educational institution that:
Implements innovative educational programs of higher and postgraduate professional education, integrated into the global educational space;
Provides systemic modernization of higher and postgraduate professional education;
Provides training, retraining and (or) advanced training of personnel based on the use of modern educational technologies for the integrated socio-economic development of the region;
Carries out fundamental and applied scientific research in a wide range of sciences, ensures the integration of science, education and production, including by bringing the results of intellectual activity to practical application;
Leading scientific and methodological center.
2. University - a higher educational institution that:
Implements educational programs of higher and postgraduate professional education in a wide range of areas of training (specialties);
Carries out training, retraining and (or) advanced training of highly qualified employees, scientific and scientific-pedagogical workers;
Performs fundamental and applied scientific research in a wide range of sciences;
It is a leading scientific and methodological center in its fields of activity.
2.1. In relation to universities under the jurisdiction of the Russian Federation, equally effectively implementing educational programs of higher professional and postgraduate professional education and performing fundamental and applied scientific research in a wide range of sciences, the category "national research university" may be established. The category "national research university" is established by the Government of the Russian Federation for 10 years based on the results of the competitive selection of university development programs aimed at staffing priority areas for the development of science, technology, technology, economic sectors, social sphere, development and implementation of high technologies in production. Regulations on the competitive selection of university development programs (including the procedure and conditions for their financing) are approved by the Government of the Russian Federation. The list of indicators, criteria and periodicity for evaluating the effectiveness of the implementation of such programs are established by the federal executive body responsible for developing state policy and legal regulation in the field of education. Based on the results of the assessment of the effectiveness of the implementation of development programs, the University may be deprived by the Government of the Russian Federation of the category "national research university".
3. Academy - a higher educational institution that:
Implements educational programs of higher and postgraduate professional education;
Carries out training, retraining and (or) advanced training of highly qualified employees for a certain area of scientific and scientific-pedagogical activity;
Performs fundamental and applied scientific research mainly in one of the areas of science or culture;
It is a leading scientific and methodological center in the field of its activities.
4. Institute - a higher educational institution that:
Implements educational programs of higher professional education, as well as, as a rule, educational programs of postgraduate professional education;
Carries out training, retraining and (or) advanced training of employees for a certain area of professional activity;
Conducts fundamental and (or) applied scientific research.
5. The status of a higher educational institution is determined depending on its type, organizational and legal form, the presence or absence of state accreditation. The status of a higher education institution is included in its name.
6. The name of a higher educational institution is established upon creation and is changed without fail when its status changes. If a special name is used in the name of a higher educational institution (conservatory, higher school and other names), along with it, the type of higher educational institution is indicated.
7. 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.
Article 10
1. Issues of creation and reorganization of a higher educational institution are regulated by the Law of the Russian Federation "On Education".
The founder of higher educational institutions implementing military professional educational programs (military educational institutions) can only be the Government of the Russian Federation.
2. State higher educational institutions under the jurisdiction of the Russian Federation are created, reorganized and liquidated by the Government of the Russian Federation.
State authorities of the constituent entities of the Russian Federation shall have the right to manage the higher educational institutions under the jurisdiction of the constituent entities of the Russian Federation as of December 31, 2004, reorganize and liquidate the said higher educational institutions. Such reorganization and liquidation are carried out by the executive authorities of the constituent entities of the Russian Federation in agreement with the federal executive authority responsible for the development of state policy and legal regulation in the field of education.
Municipal higher educational institutions are created, reorganized and liquidated by local self-government bodies of urban districts in accordance with the legislation in the manner prescribed by municipal legal acts.
Local governments municipal districts carry out management of higher educational institutions that are under the jurisdiction of municipal districts as of December 31, 2008, and also have the right to reorganize and liquidate these higher educational institutions.
Non-state higher educational institutions are created by the founder (founders) in the manner prescribed by the legislation of the Russian Federation.
2.1. Federal universities are created in the form of an autonomous institution, including on the basis of state higher educational institutions under the jurisdiction of the Russian Federation, and scientific organizations under the jurisdiction of federal executive authorities, state academies of sciences, their regional branches, by the Government of the Russian Federation by decision of the President Russian Federation.
While creating federal universities 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.
The development of federal universities is carried out within the framework of programs approved by the Government of the Russian Federation and providing for the conditions for implementation and criteria for evaluating the effectiveness of the educational process, 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.
List of indicators and criteria for evaluating the effectiveness of federal universities in terms of providing high level educational process, research and technological work are established by the federal executive body, which performs the functions of developing state policy and legal regulation in the field of education.
3. The right of a legal entity in terms of conducting financial and economic activities, provided for by the charter, arises for a higher educational institution from the moment of its state registration. The right to implement educational programs of higher and postgraduate professional education arises from the moment a license is issued to him.
4. A license to conduct educational activities in educational programs of higher and postgraduate professional education is issued by the federal executive body exercising the functions of control and supervision in the field of education, on the basis of the conclusion of an expert commission, which is formed with the participation of representatives of executive authorities, local government, on the territory of which a higher educational institution is located, representatives of educational institutions, scientific organizations, experts from among persons who have undergone appropriate training in the manner established by the federal executive body that exercises the functions of developing state policy and legal regulation in the field of education.
The subject and content of the examination is to establish the compliance of the conditions for the implementation of the educational process in a higher educational institution with the requirements of the state authorities of the Russian Federation and the local government on whose territory the higher educational institution is located, to the provision of such a higher educational institution with training space, sanitary and hygienic standards, requirements for health protection of students and employees, equipment of educational premises, equipment educational process, educational qualifications of teaching staff and staffing levels.
Licensing of the educational activities of a higher educational institution under new educational programs for it is carried out on a general basis, regardless of the availability of a license.
Licenses to conduct educational activities in military professional educational programs are issued only to federal state higher educational institutions in the manner established by the Government of the Russian Federation.
Licenses to higher educational institutions, regardless of their organizational and legal forms, can only be issued if they have the right of ownership, operational management, gratuitous use or lease of the necessary educational and material base.
Features of the subject and content of the examination conducted in relation to higher educational institutions that implement educational programs in part or in full through distance learning technologies are established by the federal executive body exercising the functions of control and supervision in the field of education, unless otherwise established by federal laws.
5. The right to issue state-recognised documents on education appears in a higher educational institution from the moment of its state accreditation, carried out by the federal executive body exercising the functions of control and supervision in the field of education.
6. Has expired.
7. State accreditation of a higher educational institution is carried out by the federal executive body exercising the functions of control and supervision in the field of education, at the request of the higher educational institution, agreed with the founder (founders), in the manner established by the Government of the Russian Federation.
The certificate of state accreditation establishes (confirms for the next term) the status of a higher educational institution, a list of areas of training (specialties) that have passed state accreditation and for which a higher educational institution has the right to issue relevant state documents on education to graduates.
8. Higher education institutions may receive public accreditation. Public accreditation is the recognition of the level of activity of a higher educational institution that meets the criteria and requirements of the relevant public educational, professional, scientific and industrial organizations. Public accreditation does not entail financial or other obligations on the part of the state.
9. The procedure for licensing educational activities and the procedure for state accreditation of higher educational institutions implementing educational programs containing information constituting a state secret - higher educational institutions of the federal executive body authorized in the field of foreign intelligence, the federal executive body exercising public administration in the field of ensuring the security of the Russian Federation, the federal executive body responsible for the development of state policy, legal regulation, control and supervision in the field of state security, are established by the Government of the Russian Federation.
10. The procedure for licensing educational activities and the procedure for state accreditation of higher educational institutions implementing educational programs of higher professional education in accordance with paragraph 4 of Article 5 of this Federal Law are established by the Government of the Russian Federation.
Article 11. Admission to a higher educational institution and training of specialists with higher and postgraduate professional education
1. Admission to higher educational institutions is carried out separately for undergraduate programs, specialist training programs and master's programs for training at the expense of the relevant budget of the budgetary system of the Russian Federation on a competitive basis, unless otherwise provided by the legislation of the Russian Federation, to places with payment of the cost of education by physical and (or) legal entities - on the terms determined by the founder of the higher educational institution in accordance with the legislation of the Russian Federation. Admission conditions should guarantee the observance of the right to education and enrollment of persons who are the most capable and prepared to master the educational program of the appropriate level and focus.
Admission to higher educational institutions with state accreditation for undergraduate and specialist training programs is carried out on the basis of applications from persons with a secondary (complete) general education or secondary vocational education, based on the results of the unified state exam, unless otherwise provided by the legislation of the Russian Federation in the field of education; for master's programs - according to the applications of persons with higher professional education, based on the results of entrance examinations conducted by a higher educational institution. Admission to higher educational institutions with state accreditation of persons with secondary vocational education for training in shortened bachelor's programs of the relevant profile, as well as persons with higher professional education for training in bachelor's programs and specialist training programs is carried out based on the results of entrance examinations, the form and list of which are determined by the higher education institution.
Upon admission to state-accredited higher education institutions for undergraduate and specialist training programs in areas of training (specialties) that require applicants to have certain creativity, physical and (or) psychological qualities, these higher educational institutions have the right to conduct additional entrance tests of a creative and (or) professional orientation in subjects for which a unified state exam is not conducted, the results of which are taken into account along with the results of a unified state exam during the competition. The list of areas of training (specialties) for which, upon admission to study in undergraduate programs and specialist training programs, additional tests of a creative and (or) professional orientation may be conducted, is approved in the manner determined by the Government of the Russian Federation.
State higher educational institutions may be granted the right to conduct additional entrance tests of a profile orientation when enrolling in undergraduate programs and specialist training programs in other areas of training (specialties). The list of these higher educational institutions, upon admission to which additional entrance examinations of the profile orientation can be carried out, and areas of training (specialties) is formed on the basis of proposals from state higher educational institutions. The procedure, selection criteria and the list of the indicated higher educational institutions and areas of training (specialties) for which additional entrance examinations of a profile orientation can be conducted are approved by the Government of the Russian Federation.
Scroll additional tests and conditions for enrollment in public higher education institutions, education in which is associated with admission to public service and the availability of citizens' access to information constituting a state secret, are established by the federal executive body, which is entrusted with the functions of the founder.
The list of additional entrance examinations and the rules for their conduct in state and municipal higher educational institutions are announced by such higher educational institutions no later than February 1 of the current year.
The rules for the admission of citizens to higher educational institutions, to the extent not regulated by this Federal Law, other federal laws, regulatory legal acts of authorized federal executive bodies, are determined by the founder and fixed in the charter of the higher educational institution.
A higher educational institution has the right to announce the admission of citizens only if it has a license. A higher educational institution is obliged to familiarize the applicant with the specified license, as well as with a certificate of state accreditation for each of the areas of training (specialty), giving the right to issue a state document on higher professional education. On familiarization of the applicant with the certificate of state accreditation in the field of study (specialty) chosen by him or on the absence of this certificate in admission documents an entry is made, which is certified by the personal signature of the applicant.
Moscow State University named after M.V. Lomonosov, St. Petersburg State University has the right to conduct additional entrance examinations of a profile orientation for admission to study under bachelor's programs and specialist training programs in areas of training (specialties) determined by Moscow State University named after M.V. Lomonosov, St. Petersburg State University.
2. Educational programs for the corresponding levels of higher professional education and areas of training (specialty) are determined by the license. The content of the educational process for each area of training (specialty), the terms for mastering the educational program of higher or postgraduate professional education are determined by the higher educational institution in accordance with the legislation of the Russian Federation on education, the relevant federal state educational standard or federal state requirements, as well as those established in accordance with paragraph 4 of Article 5 of this Federal Law by the educational standard and requirements.
The procedure for setting the target figures for the admission of citizens studying at the expense of the federal budget to federal executive bodies, other administrators of federal budget funds that are in charge of higher education institutions, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in in the field of education, in accordance with the standards established by this Federal Law.
Target figures for the admission of citizens studying at the expense of the federal budget, as well as quotas for targeted reception to higher educational institutions that are under the jurisdiction of federal executive bodies are established by them annually in agreement with the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.
Out of competition, subject to successful completion of entrance examinations to state and municipal higher educational institutions, the following are accepted:
Orphans and children left without parental care, as well as persons under the age of 23 from among orphans and children left without parental care;
Disabled children, disabled people of groups I and II, who, according to the conclusion federal agency medical and social expertise is not contraindicated in the relevant higher education institutions;
Citizens under the age of 20 who have only one parent - a disabled person of group I, if the average per capita income of the family is below the subsistence level established in the corresponding subject of the Russian Federation;
Citizens who are dismissed from military service and enter higher educational institutions that implement military professional educational programs (military educational institutions), based on the recommendations of commanders military units and combatants.
Winners and runners up final stage All-Russian Olympiad schoolchildren, members of the national teams of the Russian Federation that participated in international Olympiads in general education subjects and formed in the manner determined by the federal executive body authorized by the Government of the Russian Federation, are accepted without entrance examinations to state and municipal higher educational institutions for training in undergraduate programs and specialist training programs in the areas of training (specialties) corresponding to the profile of the All-Russian Olympiad for schoolchildren, the international Olympiad. Winners and prize-winners of Olympiads for schoolchildren held in the manner established by the federal executive body responsible for the development of state policy and legal regulation in the field of education are admitted to state and municipal higher educational institutions for training in bachelor's programs and training programs for specialists in areas training (specialties) corresponding to the profile of the Olympiad for schoolchildren, in the manner established by the specified federal executive body.
Champions and prize-winners of the Olympic Games, Paralympic Games and Deaflympics are accepted without entrance examinations to state and municipal higher educational institutions for training in undergraduate programs and specialist training programs in areas of training (specialties) in the field of physical culture and sports.
Citizens dismissed from military service, children of military personnel who died in the performance of military service duties or died as a result of military injuries or diseases, children of persons who died or died as a result of military injuries or diseases received by them when participating in counter-terrorism operations and (or) other measures to combat terrorism. The procedure for determining the persons who took part in the conduct of counter-terrorism operations and (or) other measures to combat terrorism is established in accordance with federal laws.
Citizens who, in accordance with the established procedure, have been assigned the sports category of a candidate for master of sports, the first sports category or sports title in a military applied sport, as well as citizens who have been trained in military-patriotic youth and children's associations, enjoy the priority right to enter higher educational institutions. institutions implementing military professional educational programs (military educational institutions).
3.1. Citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military units and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law dated March 28, 1998 N 53-FZ "On military service and military service" (hereinafter referred to as the Federal Law "On Military Duty and Military Service") are accepted to state and municipal educational institutions of higher professional education for training in educational programs of higher professional education out of competition, subject to successful completion of entrance examinations.
3.2. Military personnel undergoing military service under a contract (with the exception of officers), whose continuous duration of military service under a contract is at least three years, subject to successful completion of entrance examinations, enjoy the right, in the manner determined by the Government of the Russian Federation, to enter state and municipal higher educational institutions without competition. educational institutions, as well as to the preparatory departments of federal state higher educational institutions for training at the expense of the federal budget with the development of educational programs for part-time (evening) or in absentia learning.
3.3. Training of citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law "On Military Duty and Military Service", entrance examinations are carried out at the preparatory departments of federal state higher educational institutions, the selection procedure of which and the list provided for in accordance with this procedure is determined by the federal executive body responsible for the development of state policy and legal regulation in the field of education.
These citizens are admitted to the preparatory departments of federal state higher educational institutions if they have documents on education necessary for studying under higher professional education programs in higher educational institutions. If they study at the said preparatory departments for the first time after the end of military service under a contract, then their education is carried out at the expense of the federal budget funds allocated to federal state higher educational institutions.
3.4. Reception foreign citizens to higher educational institutions with state accreditation for undergraduate, specialist training and master's programs is carried out in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education, in accordance with international treaties of the Russian Federation and intergovernmental agreements of the Russian Federation at the expense of the appropriate budget of the budgetary system of the Russian Federation (including within the limits of the quota established by the Government of the Russian Federation), as well as under agreements with the payment of tuition fees by individuals and (or) legal entities, provided for in paragraph 2 of Article 29 of this Federal Law.
4. Citizens of the Russian Federation with a higher professional education confirmed by a specialist diploma or a master's diploma are admitted to postgraduate (adjuncture), residency and internship programs at state and municipal higher educational institutions, educational institutions of additional professional education, scientific organizations on a competitive basis. Postgraduate studies (adjuncture) of state and municipal higher educational institutions, educational institutions of additional professional education, scientific organizations cannot exceed three years in full-time, four years in absentia.
5. Citizens of the Russian Federation who have degree candidate of sciences.
The duration of doctoral studies cannot exceed three years.
6. Admission of foreign citizens to postgraduate studies (adjuncture), residency, internship and doctoral studies of higher educational institutions, educational institutions of additional professional education, scientific organizations is carried out in accordance with international treaties of the Russian Federation and intergovernmental agreements of the Russian Federation, as well as in the manner provided for in paragraph 2 Article 29 of this Federal Law.
Admission of stateless persons to postgraduate studies (adjuncture), residency, internship and doctoral studies of higher educational institutions, educational institutions of additional professional education, scientific organizations is carried out in the manner established by the federal executive body authorized by the Government of the Russian Federation.
7. For persons with a secondary vocational education of the relevant profile, as well as by decision of the academic council of a higher educational institution in the manner determined by the federal executive body in charge of developing state policy and legal regulation in the field of education, for persons whose level of education or whose abilities are a sufficient basis for obtaining higher professional education in reduced or accelerated undergraduate programs, higher professional education in such programs is allowed. Obtaining higher professional education under reduced specialist training programs and master's programs is not allowed.
8. A higher educational institution creates the necessary conditions for students to receive quality education. It is forbidden to use inhumane, as well as dangerous to the life or health of students, teaching methods.
9. Educational and production practice, provided for by the federal state educational standards of higher professional education, is carried out on the basis of agreements between higher educational institutions and enterprises, institutions and organizations, in accordance with which these enterprises, institutions and organizations, regardless of their organizational and legal forms, are obliged to provide places for internships for students of higher educational institutions with state accreditation.
10. Requirements for the state final certification (final work, state exams, dissertations) are determined by federal state educational standards of higher professional education and federal state requirements, as well as educational standards and requirements established in accordance with paragraph 4 of Article 5 of this Federal Law. Control over the fulfillment of these requirements is carried out in accordance with the procedure established by law.
Article 12. Management of a higher education institution
1. The management of a higher educational institution is carried out in accordance with the legislation of the Russian Federation, the model regulation on an educational institution of higher professional education (higher educational institution) and the charter of a higher educational institution on the principles of combining unity of command and collegiality.
The charter of a higher educational institution (changes in the charter and additions to it) is adopted by a general meeting (conference) of teachers, researchers, as well as representatives of other categories of workers and students of a higher educational institution (hereinafter referred to as the general meeting (conference)).
Higher educational institutions implementing military professional educational programs (military educational institutions) carry out their activities in accordance with the legislation of the Russian Federation.
2. The general management of a state or municipal higher educational institution is carried out by an elected representative body - an academic council.
The academic council consists of the rector, who is the chairman of the academic council, and vice-rectors, as well as the president, if such a position is provided for by the charter. Other members of the academic council are elected by the general meeting (conference) by secret ballot.
The composition, powers, election procedure and activities of the academic council are determined by the charter of the higher education institution on the basis of the model regulation on the educational institution of higher professional education (higher education institution).
Paragraphs four - five have lost their force.
2.1. Boards of trustees are being created at federal universities. The establishment of boards of trustees in other higher educational institutions may be provided for by their statutes.
Boards of Trustees are created in order to contribute to the solution of current and future problems of the development of higher education institutions, to attract additional financial resources to ensure their activities for priority areas development and control over their use.
The procedure for the formation of the board of trustees, its term of office, competence and procedure for activities are determined by the charter of the higher education institution.
2.2. In the part not regulated by the legislation of the Russian Federation, the procedure for the formation of the governing bodies of a higher educational institution and their competence are determined by the charter of a higher educational institution.
3. Direct management of a higher educational institution is carried out by the rector.
Candidates for the positions of rectors of state or municipal higher educational institutions, who have been nominated in accordance with their charters, are submitted for consideration by the attestation commissions operating on a voluntary basis of the relevant authorized executive bodies or executive and administrative bodies of urban districts, municipal districts. The procedure for nominating candidates for the position of rector should provide for the possibility of their self-nomination.
4. Regulations on attestation commissions and their composition are approved by the relevant authorized executive bodies or executive and administrative bodies of urban districts, municipal districts. The composition of such an attestation commission includes:
1) during the election of rectors of higher educational institutions under the jurisdiction of the Russian Federation - representatives of federal state authorities (50 percent), representatives of public organizations and state-public associations in the system of higher and postgraduate professional education and representatives of state authorities of a constituent entity of the Russian Federation, on whose territory higher education institutions are located (50 percent);
2) in the election of rectors of higher educational institutions administered by a constituent entity of the Russian Federation - representatives of state authorities of a constituent entity of the Russian Federation (50 percent), representatives of public organizations and state-public associations in the system of higher and postgraduate professional education (50 percent);
3) during the election of rectors of municipal higher educational institutions - representatives of local governments, respectively, of the city district or municipal district (50 percent), representatives of public organizations and state-public associations in the system of higher and postgraduate professional education (50 percent).
5. The rector of a state or municipal higher educational institution, in the manner prescribed by the charter of such a higher educational institution, is elected from among the candidates agreed with the attestation commission of the relevant authorized executive body or the executive and administrative body of a city district, municipal district, by secret ballot at a general meeting ( conferences) for up to five years. After the rector is elected, an employment contract is concluded between him and the executive authority or the executive and administrative body of the city district, municipal district in charge of such a higher educational institution for a period of up to five years.
Repeat elections of a rector are held in case of violation of the procedure for electing a rector established by this Federal Law and (or) the charter of a higher educational institution, or if the election of a rector is recognized as failed or invalid.
5.1. The rector of a federal university is appointed by the Government of the Russian Federation for a term of up to five years.
5.2. Rector of the Moscow State University named after M.V. Lomonosov and the rector of St. Petersburg State University are appointed and dismissed by the President of the Russian Federation.
6. In the event that a state or municipal higher educational institution as a whole is deprived of state accreditation, the rector of the higher educational institution and the vice-rectors responsible within their competence for the quality of graduate training shall be relieved of their positions by the executive authority or the executive and administrative body of the city district, municipal district, in charge of such a higher education institution. In this case, the election of the rector of a higher educational institution is not allowed, and he is accepted by the relevant body exercising management in the field of education to work under an employment contract for a period of not more than five years. The founder of a higher educational institution or the body authorized by this founder that manages in the field of education, on the proposal of the rector of a higher educational institution, approves a new composition of the academic council.
7. After the state accreditation of a higher educational institution is renewed (but not earlier than one year from the date of deprivation of its state accreditation), an academic council is elected in such a higher educational institution in accordance with the procedure established by this Federal Law.
8. In a state or municipal higher educational institution being created or reorganized, prior to the election of the academic council, the charter of such a higher educational institution is approved by the relevant executive authority or the executive and administrative body of the city district, municipal district for a period of not more than one year. An employment contract is concluded with the rector of such a higher educational institution for a period not exceeding five years.
Article 13. Research and other organizations and institutions in the system of higher and postgraduate professional education
In the system of higher and postgraduate professional education, in accordance with the legislation of the Russian Federation, research and design institutes, design bureaus, educational and experimental farms, clinical bases of educational institutions can be created and operated medical education, experimental stations and other organizations and institutions whose activities are related to education and aimed at its provision.
Article 14. Associations of legal entities (associations, unions) in the system of higher and postgraduate professional education
1. Educational institutions of higher professional education, regardless of their organizational and legal forms, and other organizations and institutions operating in the system of higher and postgraduate professional education, have the right to create and join associations of legal entities (associations, unions), which may have the rights of legal entities and act on the basis of their charters or, not being legal entities, act on the basis of agreements on joint activities.
Associations of legal entities (associations, unions) in the system of higher and postgraduate professional education are non-profit organizations, created and operating in accordance with the Civil Code of the Russian Federation.
The name of an association of legal entities (association, union) must contain an indication of the nature of the activity of its participants and include the words "association", "association" or "union".
2 - 3. Lost their power.
4. The management of an association of legal entities (association, union) in the system of higher and postgraduate professional education is carried out in accordance with the legislation of the Russian Federation and the constituent documents of the said association (association, union).
Article 15
1. Public organizations and state-public associations in the system of higher and postgraduate professional education act in accordance with the legislation of the Russian Federation.
2. The interests of students of higher educational institutions may be represented by public organizations of students. Specific relationships between the administration of a higher educational institution and public organizations of students are determined by the charter of a higher educational institution and an agreement between its administration and a public organization of students.
3. In the system of higher and postgraduate professional education, state-public associations such as educational and methodological associations of higher educational institutions, scientific-methodical, scientific-technical and other councils and commissions may be created without the formation of legal entities.
4. State-public associations are created by federal executive authorities and carry out their activities in accordance with the provisions approved by these authorities. Model regulations on state-public associations are approved by the federal executive body responsible for the development of state policy and legal regulation in the field of education. The composition of state-public associations on a voluntary basis includes scientific and pedagogical and other employees of higher educational institutions, employees of institutions and organizations operating in the system of higher and postgraduate professional education. State-public associations may involve foreign citizens, stateless persons and foreign legal entities in their work in accordance with the legislation of the Russian Federation.
5. Executive authorities, executive and administrative bodies of urban districts, municipal districts, academic councils of higher educational institutions consider and take into account in their activities the recommendations of public organizations and state-public associations in the system of higher and postgraduate professional education.
6 - 7. Lost their power.
Chapter III. Subjects of educational and scientific activities in the system of higher and postgraduate professional education, their rights and obligations
Article 16. Students of higher educational institutions
1. A student of a higher educational institution is a person enrolled in a higher educational institution for study in accordance with the established procedure.
A student of a higher educational institution is issued a student card and a standardized record book free of charge.
2. Along with the rights enshrined in the Law of the Russian Federation "On Education", students of higher educational institutions have the right to:
1) choose optional (optional for this area of training (specialty)) and elective (mandatory) courses offered by the relevant faculty and department;
2) to participate in the formation of the content of their education, subject to the federal state educational standards of higher professional education. This right may be limited by the terms of an agreement concluded between a student of a higher educational institution and an individual or legal entity assisting him in obtaining education and subsequent employment;
3) to master, in addition to academic disciplines in selected areas of training (specialties), any other academic disciplines taught in this higher educational institution, in the manner prescribed by its charter, as well as taught in other higher educational institutions (as agreed between their heads);
4) participate in the discussion and decision critical issues activities of higher educational institutions, including through public organizations and governing bodies of higher educational institutions;
5) to use free of charge libraries, information funds, services of educational, scientific and other departments of a higher educational institution in state and municipal higher educational institutions in the manner prescribed by the charter of a higher educational institution; take part in all types of scientific research, conferences, symposiums;
6) submit their work for publication, including in publications of a higher educational institution;
7) appeal against orders and orders of the administration of the higher educational institution in accordance with the procedure established by the legislation of the Russian Federation;
8) receive education in a military specialty in accordance with the procedure established by the legislation of the Russian Federation;
9) switch from paid education to free education in the manner prescribed by the charter of the higher education institution;
10) create student teams and participate in their activities.
3. Students of federal state higher educational institutions studying full-time (hereinafter referred to as full-time students) and receiving education at the expense of the federal budget are provided with scholarships in the amount of 1,100 rubles in the manner and under the conditions determined by the authorized Government of the Russian Federation federal executive body. At the same time, in the period from the beginning of the academic year until the passing of tests and (or) exams of the first current certification, scholarships are paid to all first-year full-time students. Disabled students of groups I and II, orphans, as well as children left without parental care - the amount of the scholarship is increased by fifty percent. The procedure for the appointment and payment of scholarships is established by the federal executive body authorized by the Government of the Russian Federation. Students of higher educational institutions have the right to receive scholarships appointed by the legal or natural persons who sent them to study, as well as nominal scholarships on the basis of the relevant provision. Students of federal state higher educational institutions from among citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law "On Military Duty and Military Service", full-time students studying at the expense of the federal budget , are provided with scholarships in the amount increased by 50 percent compared to the amount established for students of federal state higher educational institutions studying full-time.
Full-time students of federal state higher educational institutions are allocated additional funds to support needy students in the amount of twenty-five percent of the scholarship fund provided for in the prescribed manner in the federal budget. Federal state higher education institutions are allocated additional funds in the amount of twice the monthly amount academic scholarship for the organization of mass cultural, physical culture and health-improving work with full-time students.
Paragraphs three and four are no longer valid.
For medical reasons and in other exceptional cases, a student of a higher educational institution is granted academic leave in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education.
Students of higher educational institutions are entitled to free use of the services of state and municipal libraries, as well as free admission to state and municipal museums.
For students of full-time and part-time (evening) forms of study at least twice a academic year holidays are established with a total duration of at least seven weeks.
Each student in need of living space must be provided with a place in a hostel that meets sanitary standards and rules if there is an appropriate housing stock of a higher educational institution. The amount of payment for accommodation in a hostel, utilities and personal services for students cannot exceed five percent of the scholarship.
If there are students in need of living space, it is not allowed to use the living space of dormitories included in the housing stock of a higher educational institution for other purposes (renting and other transactions), as well as use that leads to its reduction.
An agreement is concluded with each student living in a hostel, the standard form of which is approved by the federal executive body authorized by the Government of the Russian Federation.
Other rights of students may be established by legislation and (or) the charter of a higher educational institution.
3.1. The laws of the constituent entities of the Russian Federation may establish measures of social support for students of higher educational institutions financed from the budgets of the constituent entities of the Russian Federation (with the exception of subventions from the federal budget).
4. A student has the right to be reinstated in a higher educational institution within five years after being expelled from it at his own request or for a good reason, while maintaining the basis of education (free or paid), in accordance with which he studied before being expelled.
The procedure and conditions for the reinstatement in a higher educational institution of a student expelled for an unexcused reason are determined by the charter of the higher educational institution.
5. A student of a higher educational institution has the right to receive information from the administration of a higher educational institution on the situation in the sphere of employment of the population of the Russian Federation.
6. Students of higher educational institutions are guaranteed the freedom to transfer to another higher educational institution in accordance with the procedure established by the federal executive body responsible for the development of state policy and legal regulation in the field of education. When moving from one higher educational institution to another, the student retains all the rights as a student for the first time at this level of higher professional education.
7. For academic excellence and Active participation in research work, students of higher educational institutions receive moral and (or) material incentives in accordance with the charter of the higher educational institution.
8. Students of higher educational institutions are obliged to acquire knowledge, perform all types of tasks provided for by the curriculum and educational programs of higher professional education within the established time limits, comply with the charter of the higher educational institution, internal regulations and rules of the hostel.
9. 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.
A disciplinary sanction, 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 six months from the day it was committed, not counting the time the student was ill and (or) on vacation. It is not allowed to expel students during their illness, holidays, academic leave or maternity leave.
10. The status of a student of a non-state higher educational institution with state accreditation, in relation to academic rights and academic freedoms, is equated to the status of a student of a state or municipal higher educational institution, with the exception of the right to receive a state scholarship. The status of a student of a non-state higher educational institution that does not have state accreditation is determined by the charter of this higher educational institution.
Article 17
1. Persons who successfully study at state-accredited higher education institutions, regardless of their organizational and legal forms in part-time and part-time (evening) forms, are provided with additional leaves at their place of work with the preservation of the average wage accrued in the manner established for annual holidays (with the possibility of adding additional study holidays to annual holidays) for:
Passing tests and exams in the first and second years, respectively, forty calendar days, in subsequent courses, respectively, for fifty calendar days;
Preparation and defense of the graduation project (work) with the passing of state exams for four months;
Passing state exams one month.
2. Additional leave without pay at the place of work is provided:
Persons admitted to entrance examinations to higher educational institutions, fifteen calendar days;
Students of preparatory departments at higher educational institutions have fifteen calendar days to pass final exams;
Students of higher educational institutions of full-time education, combining study with work, to pass tests and exams fifteen calendar days in the academic year; for the preparation and defense of a graduation project (work) with the passing of state exams for four months; to pass the state exams one month.
3. For students studying by correspondence in higher educational institutions that have state accreditation, once in the academic year, the employer organization pays for travel to the location of the higher educational institution and back to perform laboratory work, passing tests and exams, as well as for passing state exams, preparing and defending a graduation project (work).
4. The form of the certificate-call, which gives the right to provide additional leave at the place of work and other guarantees related to studying at a higher educational institution that have state accreditation, is approved by the federal executive body that performs the functions of developing state policy and legal regulation in the field of education.
5. For employees of enterprises, institutions and organizations, regardless of their organizational and legal forms and forms of ownership, combining studies in higher educational institutions with work, a collective agreement or labor agreement (contract) may provide for an increase in the duration of additional holidays, the provision of leave with pay instead of unpaid leave and other support measures.
6. Has expired.
7. When studying a student who combines studies with work at two higher educational institutions at the same time, the above guarantees and compensations can take place only in one of these higher educational institutions (at the student's choice).
Article 18. Students of institutions of the system of higher and postgraduate professional education
1. Students of institutions of the system of higher and postgraduate professional education are persons studying in:
Higher educational institutions at preparatory departments, faculties (in other structural divisions) for advanced training and retraining of employees;
Another higher educational institution, if they simultaneously receive a second higher professional education;
Residency or internship in medical higher educational institutions.
2. The status of students of institutions of the system of higher and postgraduate professional education in terms of obtaining educational services is equated to the status of a student of a higher educational institution of the corresponding form of education.
3. Students of preparatory departments of federal state higher educational institutions, determined in the manner provided for in paragraph 3.3 of Article 11 of this Federal Law, from among citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law " On Military Duty and Military Service", students studying full-time at the expense of the federal budget are provided with scholarships in the amount increased by 50 percent compared to the amount established for students of federal state higher educational institutions studying full-time.
1. A doctoral student is a person who has the degree of candidate of science and is enrolled in doctoral studies to prepare a dissertation for the degree of doctor of science.
2. A postgraduate student is a person who has a higher professional education and is a postgraduate student who is preparing a dissertation for the degree of Candidate of Sciences.
An adjunct is a serviceman who has a higher professional education, is studying in the postgraduate course and is preparing a dissertation for the degree of candidate of sciences.
3. An applicant is a person who has a higher professional education attached to an organization or institution that has postgraduate (adjuncture) and (or) doctoral studies, and who is preparing a dissertation for the degree of candidate of sciences without postgraduate (adjuncture) studies, or a person who has degree of Candidate of Sciences and preparing a dissertation for the degree of Doctor of Sciences.
4. Regulations on doctoral students, postgraduates (adjuncts) and applicants are approved by the federal executive body authorized by the Government of the Russian Federation.
Regulations on doctoral students, on graduate students (adjuncts) and on applicants for higher educational institutions implementing military professional educational programs, and higher educational institutions implementing educational programs containing information constituting a state secret, are approved in the manner established by the Government of the Russian Federation.
5. Persons admitted to the entrance examinations to postgraduate studies are granted leave of thirty calendar days with the preservation of the average salary at the place of work.
6. Persons studying full-time postgraduate studies at the expense of the budget are provided with state scholarships and enjoy annual holidays of two months.
7. Postgraduate students studying in postgraduate study by correspondence form of study are entitled to additional annual leave at the place of work for thirty calendar days with the preservation of the average salary.
The time spent on travel from the place of work to the location of the graduate school and back is added to the annual additional leave of the graduate student, while maintaining the average salary. Said travel is paid by the employing organization.
Postgraduate students studying in postgraduate study by correspondence form of study are entitled, respectively, to one free day from work per week with payment in the amount of fifty percent of the wages received, but not less than 100 rubles. The employer organization has the right to provide graduate students at their request in the fourth year of study with no more than two additional free days from work per week without pay.
Postgraduate students studying in postgraduate study by correspondence form of study are provided with places in the hostel for the period of passing exams and completing dissertations.
9. State scholarships are paid to doctoral students and annual vacations of two months are provided.
Doctoral students retain all the rights at the place of work that they had before entering doctoral studies (the rights to receive living space, to confer an academic title and other rights), as well as the right to return to their previous places of work.
10. Postgraduate and doctoral students use equipment, laboratories, teaching and methodological rooms, libraries free of charge, as well as the right to travel, including to higher educational institutions and scientific centers of foreign countries, participate in expeditions to carry out work on selected topics of scientific research on an equal basis with scientific and pedagogical workers of higher educational institutions and scientists of research institutions (organizations).
11. For the acquisition of scientific literature, each graduate and doctoral student studying at the expense of the federal budget is given an annual allowance in the amount of two monthly scholarships.
12. In order to complete dissertations for the degree of candidate of science or doctor of science, employees of enterprises, institutions and organizations at the place of work are granted leave with pay for three or six months, respectively, in the manner established by the regulations on postgraduate students, doctoral students and applicants.
13. Applicants working on dissertations for the degree of Doctor of Science and having significant scientific results on topical socio-economic problems or priority areas of fundamental scientific research can be transferred to research positions for up to two years to prepare a dissertation for the degree Doctor of Sciences. Applicants transferred to the positions of scientific workers retain their official salaries and the right to return to their former places of work.
Article 20. Employees of higher educational institutions
1. In higher educational institutions, positions of scientific and pedagogical (professional and teaching staff, scientists), engineering, technical, administrative, production, educational and auxiliary and other personnel are provided.
Teaching positions include the positions of the dean of the faculty, head of the department, professor, associate professor, senior lecturer, lecturer, assistant.
2. Features of the conclusion and termination of employment contracts for filling the positions of scientific and pedagogical workers in higher educational institutions are established Labor Code Russian Federation, and also apply to scientific and pedagogical workers of educational institutions of additional professional education (advanced training) with faculties and departments.
3. In state and municipal higher educational institutions, the specifics of filling the positions of rectors, vice-rectors, heads of their branches and institutions are established by the Labor Code of the Russian Federation.
3.1. In a state or municipal higher educational institution, by decision of its academic council, agreed with the executive authority or the executive and administrative body of the city district, municipal district in charge of such a higher educational institution, the position of president of the higher educational institution may be established. At the same time, appropriate changes are made to the charter of a higher educational institution in the prescribed manner. The position of president of a federal university is established upon the creation of a federal university and is enshrined in its charter.
The person holding the position of the president of a higher education institution, as a rule, must have experience in the position of rector of a higher education institution. Combining the positions of rector and president of a state or municipal higher educational institution is not allowed.
The candidacy of the president of a state or municipal higher educational institution is submitted to the academic council of such a higher educational institution by the executive authority or the executive and administrative body of the city district, municipal district in charge of such a higher educational institution.
The President of a higher educational institution is elected at a meeting of the Academic Council by secret ballot by a simple majority of votes for a term of up to five years. After the election of the president, between him and the executive authority or the executive and administrative body of the city district, municipal district in charge of the higher educational institution, an employment contract is concluded for a period of up to five years. Termination of an employment contract with the president of a higher educational institution is carried out on the grounds established by the labor legislation of the Russian Federation, including the grounds for termination of an employment contract with the head of the organization.
3.2. The president of a higher education institution, in agreement with its rector, exercises the following powers:
1) participates in the activities of the board of trustees and other self-governing bodies of the higher education institution;
2) participates in the development of a concept for the development of a higher education institution;
3) represents a higher educational institution in relations with state bodies, local self-government bodies, public and other organizations;
4) participates in resolving issues of improving the educational, scientific, educational, organizational and managerial activities of a higher educational institution.
4. Scientific and pedagogical workers of a higher educational institution have the right to:
1) to elect and be elected to the academic council of a higher educational institution in accordance with the established procedure;
2) participate in the discussion and resolution of issues related to the activities of the higher education institution;
3) use free of charge the services of libraries, information funds, educational and scientific departments, as well as the services of social and other structural departments of a higher educational institution in accordance with its charter and (or) collective agreement;
4) determine the content of training courses, subjects, disciplines (modules) on the basis of federal state educational standards of higher professional education or federal state requirements, as well as educational standards and requirements established in accordance with paragraph 4 of Article 5 of this Federal Law;
5) choose the methods and means of teaching that best meet their individual characteristics and providing high quality educational process;
6) appeal against orders and instructions of the administration of the higher education institution in accordance with the procedure established by law;
7) for organizational and logistical support of their professional activities.
5. Scientific and pedagogical workers of a higher educational institution are obliged:
1) ensure high efficiency of pedagogical and scientific processes;
2) comply with the charter of the higher education institution;
3) to form students' professional qualities in the chosen area of training (specialty), citizenship, ability to work and live in the conditions of modern civilization and democracy;
4) develop students' independence, initiative, creative abilities;
5) systematically improve their skills.
6. Research workers of a higher educational institution have the right to choose methods and means of conducting scientific research that meet security measures, most fully correspond to their individual characteristics and ensure the high quality of the scientific process. Research workers are obliged to comply with the charter of the higher educational institution.
7. The rights and obligations of the administrative, economic, engineering, production, teaching and support and other personnel of a higher educational institution are determined by the labor legislation of the Russian Federation, the charter of the higher educational institution, the internal regulations of the higher educational institution and job descriptions.
Article 21. Training and advanced training of scientific and pedagogical workers
1. The training of scientific and pedagogical workers is carried out in postgraduate (adjuncture) and doctoral studies of higher educational institutions, educational institutions of additional professional education, scientific organizations, as well as by attaching applicants to such educational institutions and scientific organizations for the preparation and defense of dissertations for the degree of candidate sciences or doctor of sciences, or by transferring teaching staff to the positions of scientific workers for the preparation of dissertations for the degree of doctor of sciences.
2. The state guarantees the creation of the necessary conditions for advanced training at least once every five years for scientific and pedagogical workers of state higher educational institutions and scientific and pedagogical workers of state scientific institutions (organizations) operating in the system of higher and postgraduate professional education. Appropriate guarantees for scientific and pedagogical workers of municipal higher educational institutions and scientific and pedagogical workers of municipal scientific institutions (organizations) operating in the system of higher and postgraduate professional education may be established by local governments of urban districts, municipal districts.
Further training of scientific and pedagogical workers can also be carried out under contracts concluded by individuals and (or) legal entities with higher educational institutions, at the expense of individuals and (or) legal entities.
3. The procedure, types and forms of advanced training in the part not regulated by the legislation of the Russian Federation are established by the federal executive body authorized by the Government of the Russian Federation.
The procedure, types and forms of advanced training of scientific and pedagogical workers of higher educational institutions implementing military professional educational programs, and higher educational institutions implementing educational programs containing information constituting a state secret, are approved in the manner established by the Government of the Russian Federation.
Article 22. Academic titles
1. The academic titles of professor and associate professor are established in the Russian Federation.
2. The academic title of professor may be conferred on a person who, as a rule, has an academic degree of a doctor of sciences, leading teaching, scientific and methodical work in the field of higher and postgraduate professional education.
3. The academic title of Associate Professor may be awarded to a person who, as a rule, has the academic degree of a Candidate of Sciences, who conducts teaching, scientific and methodological work in higher educational institutions.
Article 23 Recognition and establishment in the Russian Federation of the equivalence of documents of foreign states on higher or postgraduate professional education
1. Confirmation of state documents on higher or postgraduate professional education, on academic degrees and academic titles, recognition and establishment in the Russian Federation of the equivalence of documents of foreign states on higher or postgraduate professional education are carried out in accordance with international treaties of the Russian Federation and other regulatory legal acts of the Russian Federation. Federation by the federal executive body exercising the functions of control and supervision in the field of education, at the request of citizens.
2. The recognition of documents of foreign states on higher or postgraduate professional education in this Federal Law means the consent of the relevant state authorities of the Russian Federation to the validity of these documents on the territory of the Russian Federation.
Establishing the equivalence of documents of foreign states on higher or postgraduate professional education in this Federal Law means that the relevant state authorities of the Russian Federation grant the holders of these documents the same academic and (or) professional rights as holders of state documents on higher or postgraduate professional education.
Recognition and establishment of the equivalence of documents of foreign states on higher or postgraduate professional education do not exempt the holders of these documents from compliance with the established regulatory legal acts general requirements admission to educational institutions or to work (including the requirement of knowledge state language Russian Federation).
3. The procedure for confirming state documents on higher or postgraduate professional education, on academic degrees and academic titles, the procedure for recognizing and establishing in the Russian Federation the equivalence of documents of foreign states on higher or postgraduate professional education and the procedure for issuing relevant certificates are determined by the federal executive body that exercises functions for the development of state policy and legal regulation in the field of education.
4. The costs of conducting an examination in order to confirm state documents on higher or postgraduate professional education, on academic degrees and academic titles, as well as in order to recognize and establish the equivalence of foreign documents on higher or postgraduate professional education in the Russian Federation shall be paid by the applicant.
Chapter IV. Management of the system of higher and postgraduate professional education
Article 24
1. The powers of the Federal Assembly of the Russian Federation in the field of higher and postgraduate professional education include:
1) the adoption of federal laws in the field of higher and postgraduate professional education and the introduction of amendments to the relevant laws;
2) - 3) have become invalid.
4) establishment of levels of higher and postgraduate professional education;
5) ratification of international treaties of the Russian Federation regulating issues of higher and postgraduate professional education, in accordance with the legislation of the Russian Federation.
2. The powers of the Government of the Russian Federation in the field of higher and postgraduate professional education include:
1) participation in the development and implementation of state policy in this area;
2) - 3) have become invalid.
4) publication of regulatory legal acts that determine the functioning of the system of higher and postgraduate professional education;
5) establishing the procedure for licensing the activities of higher educational institutions, scientific organizations and educational institutions of additional professional education, their state accreditation;
6) creation, reorganization and liquidation of federal state higher educational institutions under the jurisdiction of the Russian Federation, in agreement with the legislative and executive authorities of the constituent entities of the Russian Federation. The creation, reorganization and liquidation of federal state higher educational institutions subordinate to federal executive authorities, in which military service is provided for by federal laws, are carried out without the consent of the legislative and executive authorities of the constituent entities of the Russian Federation;
6.1) determination of the list of federal state higher educational institutions in which training is provided for citizens who have undergone military service under a contract for at least three years in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and those dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law "On Military Duty and Military Service", for entrance examinations;
7) conclusion and implementation of intergovernmental agreements regulating issues of higher and postgraduate professional education;
8) determining the procedure for the development and approval of federal state educational standards of higher professional education;
9) determining the procedure for establishing a list of areas of training (specialties) of higher and postgraduate professional education;
10) approval of the procedure and criteria for selection, as well as the list of state higher educational institutions, upon admission to which for training in undergraduate programs and specialist training programs, an additional entrance test of a profile orientation is carried out, and areas of training (specialties);
11) determining the procedure for approving the list of training areas (specialties) for which, upon admission to state-accredited higher education institutions for training in undergraduate programs and specialist training programs, additional tests of a creative and (or) professional orientation may be conducted;
12) approval of the list of areas of training (specialties) of higher professional education, confirmed by the assignment to a person of the qualification (degree) "specialist";
13) establishing the procedure for the participation of associations of employers in the development and implementation of state policy in the field of higher professional education, including the development of federal state educational standards for higher professional education and the development of federal state requirements for additional professional educational programs, the formation of lists of areas of training (specialties) of higher professional education, state accreditation of higher educational institutions;
14) establishment of the procedure for admission of citizens to state higher educational institutions implementing military professional educational programs, and higher educational institutions implementing educational programs containing information constituting a state secret.
3. The powers of the federal executive body exercising the functions of developing state policy and legal regulation in the field of education include:
1) has expired.
2) the establishment of federal state requirements for the main educational programs of postgraduate professional education (for students in graduate school, adjuncture), as well as the approval of regulations on the final state certification of students and on external studies in higher educational institutions;
3) has become invalid.
4) has become invalid.
5) promoting the development and implementation of new effective learning technologies in the field of higher and postgraduate professional education;
6) has become invalid.
7) establishment of the form of state documents on higher and postgraduate professional education;
8) determining the procedure for confirming state documents on higher or postgraduate professional education, on academic degrees and academic titles, the procedure for recognizing and establishing in the Russian Federation the equivalence of documents of foreign states on higher or postgraduate professional education;
9) participation in the study of the needs of the labor market in specialists; development of forecasts for the training of specialists; development of proposals on the volume of budgetary financing of higher educational institutions, institutions operating in the system of higher and postgraduate professional and relevant additional education, as well as their scientific institutions (organizations) and structural divisions; development of proposals on the volume of capital construction of these institutions;
10) participation in the work of federal executive bodies to determine the amount of budgetary funding allocated for the training of specialists, retraining and advanced training of employees, scientific and pedagogical workers, including scientists, the development of science, as well as participation in the development of federal standards for financing relevant educational institutions;
11) coordination of the activities of higher educational institutions, sectoral systems of higher and postgraduate professional education to determine the volume and structure of specialist training, organization of intersectoral and interregional cooperation in this area;
12) determination of the procedure for establishing the target figures for the admission of citizens studying at the expense of the federal budget to the federal executive authorities that have higher educational institutions in charge, other main administrators of the federal budget funds;
13) approval of the regulation on the training of scientific and pedagogical workers, including scientific workers;
14) establishing the procedure for admission of citizens to state-accredited higher education institutions, with the exception of higher educational institutions specified in subparagraph 14 of paragraph 2 of this article, including the procedure for conducting additional entrance examinations for admission to these higher educational institutions, and the procedure for transferring students from one higher education institution to another;
15) forecasting the development of a network of institutions of higher professional education, coordinating the creation of new federal public institutions systems of higher professional and corresponding additional education;
16) organizing the participation of higher educational institutions and scientific institutions (organizations) operating in the system of higher and postgraduate professional education in federal scientific and technical programs, developing and approving interuniversity programs in priority areas of science, providing resource support for these programs and monitoring their progress implementation;
17) development and implementation together with trade unions and public organizations measures for social support of students, graduate students, doctoral students, listeners and employees of the system of higher and postgraduate professional education to improve the conditions for their education and work;
18) financing the activities of higher educational institutions subordinate to it, institutions in accordance with the budgetary legislation of the Russian Federation;
19) harmonization of normative documents in the field of higher and postgraduate professional and relevant additional education issued by the federal executive authorities in charge of higher educational institutions, and, if necessary, suspension of the said normative documents;
20) is no longer valid.
21) approval of the regulation on the procedure for filling positions of scientific and pedagogical personnel;
22) development and approval of a model regulation on branches of higher educational institutions subordinate to federal executive bodies, the procedure for organizing these branches;
23) publication of normative acts within its competence;
24) conclusion of international agreements of an interdepartmental nature in accordance with the legislation of the Russian Federation;
25) establishment of federal state requirements and the procedure for state testing of foreign citizens and stateless persons in Russian as a foreign language;
26) assignment academic titles professors in the department, associate professor in the department, issuance of certificates on the assignment of the specified academic titles, as well as deprivation, restoration of the specified academic titles.
4. The powers of the federal executive body exercising the functions of control and supervision in the field of education include:
1) monitoring the quality of education, including the quality of training of students and graduates, in accordance with federal state educational standards, federal state requirements and educational standards and requirements established in accordance with paragraph 4 of Article 5 of this Federal Law:
In higher educational institutions for all educational programs they implement;
In scientific organizations and educational institutions of additional professional education under the programs of postgraduate professional education and programs of additional professional education;
In branches of higher educational institutions located outside the territory of the Russian Federation;
2) licensing and state accreditation:
Higher educational institutions for all educational programs they implement;
Scientific organizations and educational institutions of additional professional education for programs of postgraduate professional education and programs of additional professional education, for which federal state requirements are established;
Branches of higher educational institutions located outside the territory of the Russian Federation;
3) exercising control and supervision over compliance with the legislation of the Russian Federation in the field of education by higher educational institutions, as well as scientific organizations and educational institutions of additional professional education, implementing educational programs of postgraduate professional education and additional professional education, for which federal state requirements are established;
4) taking measures to eliminate violations of the legislation of the Russian Federation in the field of education, including by sending mandatory instructions to the educational institution and its founder (founders), as well as monitoring the implementation of such instructions;
5) - 7) have become invalid.
8) recognition and establishment of equivalence on the territory of the Russian Federation of documents of foreign states on higher or postgraduate professional education;
9) information and methodological support for the activities of the executive authorities of the constituent entities of the Russian Federation, exercising the functions of control and supervision in the field of education;
10) confirmation of state documents on higher or postgraduate professional education, on academic degrees and academic titles.
5. The division of powers between the federal executive bodies in charge of higher education institutions is established by the regulations on the relevant bodies approved by the President of the Russian Federation or the Government of the Russian Federation.
Article 25 Lost strength.
Article 26. State control of the quality of higher and postgraduate professional education
1. The state control of the quality of higher and postgraduate professional education is aimed at ensuring a unified state policy in the field of higher and postgraduate professional education, improving the quality of training of specialists, rational use budget funds allocated to finance the system of higher and postgraduate professional education.
State control of the quality of higher and postgraduate professional education is carried out by the federal executive body, which performs the functions of control and supervision in the field of education.
If, based on the results of quality control of training of students and graduates, a discrepancy between the quality of training and the federal state educational standards, federal government requirements and educational standards and requirements established in accordance with paragraph 4 of Article 5 of this Federal Law, the federal executive body exercising the functions of control and supervision in the field of education has the right to send to a higher educational institution, an educational institution of additional professional education, a scientific organization and their founders a binding order to eliminate the specified discrepancy.
2. State control over compliance by a higher educational institution, an educational institution of additional professional education, a scientific organization with the conditions of educational activities provided for by a license, and (or) the legislation of the Russian Federation in the field of education is provided by the federal executive body exercising the functions of control and supervision in the field of education , with the participation of executive authorities of the constituent entity of the Russian Federation on whose territory such educational institutions or such scientific organization are located. In the event that these conditions and (or) the legislation of the Russian Federation in the field of education have been violated, the federal executive body exercising the functions of control and supervision in the field of education sends to such educational institutions or such scientific organization and their founders a mandatory an order to eliminate the identified violation within a certain period of time.
In the event of failure to comply with the said order, the federal executive body exercising the functions of control and supervision in the field of education has the right to suspend the license issued by it to a higher educational institution, an educational institution of additional vocational education, a scientific organization, in full or in part in the implementation of educational activities in individual educational institutions. programs indicating the deadline for eliminating the identified violation of the conditions of educational activities provided for by the license, and (or) the legislation of the Russian Federation in the field of education.
If the revealed violation is not eliminated within the established period, the license is subject to cancellation. The decision to annul a license is made by the federal executive body exercising the functions of control and supervision in the field of education, and may be challenged in court.
3. Has expired.
Chapter V. Economics of the system of higher and postgraduate professional education
Article 27. Property relations in the system of higher and postgraduate professional education
1. For a higher educational institution, in order to ensure the activities provided for by its charter, the founder assigns buildings, structures, property complexes, equipment, as well as other necessary property for consumer, social, cultural and other purposes, on the basis of the right of operational management.
2. Non-state higher educational institutions may be owners of property in accordance with the legislation of the Russian Federation.
3. A higher educational institution shall be assigned for permanent (perpetual) use the land plots allocated to it in accordance with the established procedure.
4. Higher educational institutions have the right to act as a tenant and (or) lessor of property.
Higher educational institutions, with the consent of the founder (owner) and on the basis of agreements, have the right to provide scientific organizations with movable and immovable property for use, as well as use, on the basis of agreements, movable and immovable property belonging to scientific organizations on the basis of ownership, operational management or economic management. Between such state non-profit organizations, these relations can be carried out free of charge.
Higher educational institutions, with the consent of the founder (owner) or independently, if they have the right to dispose of the relevant property independently, on the basis of an agreement between a higher educational institution and a medical institution, have the right to provide medical institutions with movable and immovable property for medical care of students and employees of higher educational institutions and their medical examination. Between such state non-profit organizations and (or) municipal non-profit organizations, these relations may be carried out free of charge.
5. Use by a higher education institution natural resources carried out in the manner prescribed by the legislation of the Russian Federation.
6. Has expired.
7. Higher educational institutions assigned to them on the basis of operational management rights or objects of industrial and social infrastructure at their independent disposal, including residential premises located in educational, industrial, social, cultural buildings, as well as dormitories, clinical bases of educational institutions of medical education that are in the operational management of educational institutions or otherwise administered, including those in possession, use and (or) disposal, institutions operating in the system of higher and postgraduate professional education, are not subject to privatization (denationalization).
8. Higher educational institutions that are budgetary educational institutions and created state academies sciences, higher educational institutions have the right, without the consent of the owner of their property, with notification of the federal executive body responsible for the development of state policy and legal regulation in the field of scientific and scientific and technical activities, to be founders (including jointly with other persons) of economic companies whose activity consists in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, breeding achievements, topologies of integrated circuits, production secrets (know-how), exclusive rights to which belong to these higher educational institutions.At the same time, a notice of the establishment of a business company must be sent by a higher educational institution that is a budgetary educational institution, or a higher educational institution established by the State Academy of Sciences within seven days from the date of making an entry in the unified state register of legal entities about the state registration of a business company. Cash, equipment and other property under the operational management of these higher educational institutions can be made as a contribution to the authorized capital of the established business companies in the manner prescribed by the Civil Code of the Russian Federation.
Higher educational institutions that are budgetary educational institutions, and higher educational institutions established by state academies of sciences, as a contribution to the authorized capital of such business entities, contribute the right to use the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the exclusive rights to which are reserved by these higher educational institutions. contract, as well as transferred to third parties on other grounds, unless otherwise provided by federal law.
The monetary value of the right contributed as a contribution to the authorized capital of a business company under a license agreement is approved by the decision of the general meeting of founders (participants) of the business company, adopted by all founders (participants) of the business company unanimously. If the nominal value (increase in the nominal value) of the share or shares of a member of a business company in the authorized capital of a business company, paid by such a contribution, is more than five hundred thousand rubles, such a contribution must be evaluated by an independent appraiser.
A higher educational institution that is a budgetary educational institution or a higher educational institution established by the State Academy of Sciences has the right to attract other persons as founders (participants) of a business company if the share of this higher educational institution in the authorized capital of the joint-stock company is more than twenty-five percent or in the authorized capital of a limited liability company - more than one third. At the same time, the share (shares) of other persons in the authorized capital of the economic company must be paid in cash at least half. The remaining part of the share (shares) of other persons in the authorized capital of a business entity may be paid for with exclusive rights to the results of intellectual activity, the right to use the results of intellectual activity, materials, equipment or other property necessary for the practical application (implementation) of the results of intellectual activity, exclusive rights to which or the right to use which are made as a contribution to the authorized capital of a business entity.
Higher educational institutions that are budgetary educational institutions and higher educational institutions established by state academies of sciences have the right to dispose of shares (shares) in the authorized capital of business entities owned by these higher educational institutions only with the prior consent of the respective owners. These higher educational institutions manage shares (shares) in the authorized capitals of economic companies as participants in the manner prescribed by civil law, taking into account the specifics provided for in this article. At the same time, the rights of participants in economic companies on behalf of these higher educational institutions are exercised by their heads.
Income from the disposal of shares (shares) in the authorized capital of business companies, the founders (participants) of which are these higher educational institutions, part of the profits of business companies received by these higher educational institutions (dividends) are at their independent disposal, accounted for on a separate balance sheet and sent only for the legal protection of the results of intellectual activity, the payment of remuneration to their authors, as well as for the implementation of the statutory activities of these higher educational institutions.
Article 28. Financing of higher education institutions
1. Financing of the educational activities of higher educational institutions at the expense of the relevant budgets is carried out by federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments of urban districts, municipal districts in charge of these institutions, in accordance with the control figures for the training of specialists, retraining and advanced training of employees.
Higher education institutions have the right to carry out, within the limits of such control figures, financed at the expense of the founder, targeted admission of students in accordance with agreements with state authorities, local governments in order to assist them in training specialists of the appropriate level of education.
For higher education institutions located in regions where district coefficients and allowances established by the Government of the Russian Federation are in force, expenses are determined taking into account these coefficients and allowances.
The paragraph is invalid.
Financial support for the activities of federal universities is carried out in accordance with the procedure established for autonomous institutions.
2. Has expired.
3. Scientific research conducted by higher educational institutions is financed by federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments of urban districts, municipal districts in charge of these higher educational institutions, regardless of the funding of educational activities.
4. Higher educational institutions independently determine the areas of use of funds received by them from the budget and other sources not prohibited by the legislation of the Russian Federation.
5 - 6. Lost their power.
Article 29. Paid activity of a higher educational institution
1. A higher education institution, in accordance with its charter, may carry out paid activities in the field of education and in other areas, if this does not go to the detriment of its main activity.
Paid educational activities of a higher educational institution cannot be carried out in exchange for and within the framework of educational activities financed from the budget. Otherwise, the funds earned as a result of such activities are withdrawn by the founder of the higher educational institution.
2. A higher educational institution shall have the right, within the limits established by the license, to carry out, in excess of the target figures for admission of students financed from the funds of the relevant budget, the training of specialists under the relevant contracts with the payment of the cost of education by individuals and (or) legal entities in the amount agreed with the executive authority or executive - the administrative body of the city district, municipal district, in whose jurisdiction this higher educational institution is located.
A higher educational institution independently resolves issues related to the conclusion of contracts, the definition of obligations and other conditions that do not contradict the legislation of the Russian Federation and the charter of this higher educational institution.
Article 30
1. A higher educational institution, within the limits of its available funds for the remuneration of employees, independently determines the amount of additional payments, allowances, bonuses and other measures of material incentives, as well as the size of official salaries (rates) of all categories of employees (without establishing the maximum size of official salaries (rates) ).
2. An official salary (rate) is paid to an employee of a higher educational institution for the performance of functional duties and work provided for by an employment contract (contract).
3. A higher educational institution independently forms a payroll fund for employees at the expense of budget funds allocated for the maintenance of a higher educational institution and (or) other sources not prohibited by the legislation of the Russian Federation.
4. No longer valid.
5. Scientific and pedagogical workers of higher educational institutions are provided with bonuses to official salaries (rates) in the amount of:
Forty percent for the post of assistant professor;
Sixty percent for a professorship;
3000 rubles for the degree of candidate of sciences;
7000 rubles for the degree of Doctor of Science.
6 - 9. Lost their power.
Article 31 Lost strength.
Article 32. Accounting, reporting and control in higher educational institutions
1. Higher education institutions, in accordance with the established procedure, carry out operational and accounting records of the results of their work, maintain statistical and accounting reports.
2. Officials bear disciplinary, administrative and criminal liability established by the legislation of the Russian Federation for misrepresenting state reporting.
3. Control over the implementation of the legislation of the Russian Federation in the field of budgetary and financial discipline in higher educational institutions is carried out by legislative and executive authorities within their powers.
Chapter VI. International and foreign economic activity of higher educational institutions
Article 33. Implementation of international cooperation of the Russian Federation in the field of higher and postgraduate professional education
1. Higher education institutions have the right to participate in international cooperation Russian Federation in the field of higher and postgraduate professional education through:
1) participation in programs of bilateral and multilateral exchange of students, graduate students, doctoral students, pedagogical and scientific workers;
2) conducting joint scientific research, as well as congresses, conferences, symposiums and other events;
3) carrying out fundamental and applied scientific research, as well as experimental design work on orders from foreign legal entities;
4) participation in international programs for improving higher and postgraduate professional education.
2. Training, retraining and advanced training of foreign citizens in the Russian Federation, teaching and research work of citizens of the Russian Federation outside the territory of the Russian Federation within the quota established by the Government of the Russian Federation are carried out under interstate agreements, agreements between federal executive authorities, executive authorities subjects of the Russian Federation and local self-government bodies of urban districts, municipal districts in charge of higher educational institutions, and the relevant educational authorities of foreign states, as well as under direct agreements concluded by higher educational institutions with foreign citizens and foreign legal entities.
3. In order to participate in international activities Russian Federation higher educational institutions have the right to:
Join non-governmental international organizations;
Conclude agreements with foreign partners on joint activities that cannot be considered as international agreements of the Russian Federation;
Create structural divisions (centers, laboratories, technical parks and other divisions) with the participation of foreign partners.
4. Higher educational institutions, in accordance with the legislation of the Russian Federation, have the right to engage in foreign economic activity, provided for by the charters of higher educational institutions and aimed at fulfilling the tasks defined by this Federal Law, as well as at developing international contacts.
5. Has expired.
Chapter VII. Final provisions
Article 34. Entry into force of this Federal Law
1. Has expired.
2. Propose to the President of the Russian Federation and instruct the Government of the Russian Federation to bring their legal acts in line with this Federal Law.
3. This Federal Law shall enter into force on the day of its official publication.
The president
Russian Federation
B. Yeltsin
To begin with, we note that a number of changes were made to the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”. Significant ones include the following.
Firstly, now it is expressly prohibited to conduct educational activities in the representative offices of an educational institution. This is stated in paragraph 7 of Article 12 of Law No. 3266-1. Previously, this paragraph provided that branches, departments, structural subdivisions of an educational institution may, by its power of attorney, fully or partially exercise the powers of a legal entity.
Federal Law No. 260-FZ of November 10, 2009 establishes that branches, departments and structural subdivisions that exercised the powers of a legal entity in whole or in part under the powers of attorney of educational institutions and are included in the Unified State Register of Legal Entities are excluded from this register. It is also said that their legal status should be brought into line with the legislation and charters. These activities must be completed by November 13, 2010.
Secondly, earlier, according to Article 20 of Law No. 3266-1, the Government of the Russian Federation was to establish the procedure for approving the lists of professions and specialties for which training was provided in educational institutions of vocational education.
The new version of this article transferred these powers to the Ministry of Education and Science of Russia (unless otherwise provided by federal laws). Moreover, when the ministry approves new professions and areas of training (specialties), it must establish their compliance with individual professions and areas of training (specialties), which are indicated in the previous lists of professions and areas of training (specialties) or in All-Russian classifier specialties in education. Such compliance will allow educational institutions to carry out educational activities on the basis of their existing licenses and certificates of state accreditation before the expiration of these documents.
New in the legislation on higher and postgraduate professional education
Amendments were also made to the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Vocational Education”. In particular, this law has been amended. Thus, the norm was excluded from it, which referred to the functions of the Ministry of Education and Science of Russia the development and approval of exemplary curricula and educational programs of higher and postgraduate professional education, the organization of the publication educational literature and production of teaching aids.
Levels of higher education: what has changed
The text of Article 4 of Federal Law No. 232-FZ of October 24, 2007 has been changed (it amended other laws regarding the establishment of levels of higher professional education). Previously, this law determined the final terms during which the rules on training in higher educational institutions for undergraduate, specialist and master's programs are in force. As well as the deadlines for admission to universities for training in these programs. These are December 31 and 30, 2009, respectively. Law No. 260-FZ postponed these deadlines to December 31 and 30, 2010.
In addition, in the same article there is a rule according to which the qualification " certified specialist", assigned by an accredited university before the termination of training in the Russian Federation under such programs, is equated to the qualification (degree) "specialist". This article has now been updated. Persons with the qualification "certified specialist" have the right to continue their studies on a competitive basis in the master's program of the appropriate level. And this is not considered as getting them a second higher professional education.
Article 11. Admission to a higher educational institution and training of specialists with higher and postgraduate professional education
1. Admission to state and municipal higher educational institutions for undergraduate and specialist training programs is carried out on the basis of applications from persons with secondary (complete) general or secondary vocational education, on a competitive basis based on the results of the unified state exam. The right to participate in the competition for studying in master's programs is enjoyed by persons who have successfully completed their studies in undergraduate programs.
The conditions of the competition should guarantee the observance of the rights of citizens to education and the enrollment of citizens who are the most capable and prepared to master educational programs appropriate level.
For admission to state and municipal higher educational institutions for learning in areas of training (specialties) that require applicants to have certain creative abilities, physical and (or) psychological qualities, these higher educational institutions have the right to conduct additional entrance tests for creative and (or) professional directions, the results of which are taken into account along with the results of the unified state exam during the competition. The list of areas of training (specialties) for which, upon admission, additional tests of a creative and (or) professional orientation may be carried out, is approved in the manner determined by the Government of the Russian Federation.
State higher educational institutions may be granted the right to conduct additional entrance examinations of a profile orientation upon admission for undergraduate and specialist training programs in other areas of training (specialties). The list of these higher educational institutions, upon admission to which additional entrance examinations of the profile orientation can be carried out, and areas of training (specialties) is formed on the basis of proposals from state higher educational institutions. The procedure, selection criteria and the list of the indicated higher educational institutions and areas of training (specialties) for which additional entrance examinations of a profile orientation can be conducted are approved by the Government of the Russian Federation.
The list of additional tests and the conditions for admission to state higher educational institutions, education in which is associated with entering the state service and the availability of citizens' access to information constituting a state secret, are established by the federal executive body, which is entrusted with the functions of the founder.
The list of additional entrance examinations and the rules for their conduct in state and municipal higher educational institutions are announced by such higher educational institutions no later than February 1 of the current year.
The rules for the admission of citizens to higher educational institutions, to the extent not regulated by this Federal Law, other federal laws, regulatory legal acts of authorized federal executive bodies, are determined by the founder and fixed in the charter of the higher educational institution.
A higher educational institution has the right to announce the admission of citizens only if it has a license. A higher educational institution is obliged to familiarize the applicant with the specified license, as well as with a certificate of state accreditation for each of the areas of training (specialty), giving the right to issue a state document on higher professional education. About familiarization of the applicant with the certificate of state accreditation in the field of study (specialty) chosen by him or about the absence of the specified certificate, an entry is made in the admission documents, which is certified by the personal signature of the applicant.
2. Educational programs for the corresponding levels of higher professional education and areas of training (specialty) are determined by the license. The content of the educational process for each area of training (specialty), the terms for mastering the educational program of higher or postgraduate professional education are determined by the higher educational institution in accordance with the legislation of the Russian Federation on education and the relevant state educational standard.
The procedure for setting the target figures for the admission of citizens studying at the expense of the federal budget to federal executive bodies, other administrators of federal budget funds that are in charge of higher education institutions, is determined by the federal executive body that performs the functions of developing state policy and legal regulation in in the field of education, in accordance with the standards established by this Federal Law.
The target figures for the admission of citizens studying at the expense of the federal budget, as well as quotas for targeted admission to higher educational institutions that are under the jurisdiction of federal executive bodies, are established by them annually in agreement with the federal executive body that performs the functions of developing state policy and regulatory -legal regulation in the field of education.
3. Persons who graduated with medals from educational institutions of secondary (complete) general or primary vocational education that have state accreditation, as well as persons who graduated with honors from educational institutions of secondary vocational education that have state accreditation, are admitted to a higher educational institution based on the results of an interview , with the exception of entrance examinations of a professional orientation, which may be established by a higher educational institution.
To the specified persons Those who have not passed the interview are given the right to pass entrance examinations on a general basis.
Out of competition, subject to successful completion of entrance examinations to state and municipal higher educational institutions, the following are accepted:
orphans and children left without parental care, as well as persons under the age of 23 from among orphans and children left without parental care;
children with disabilities, disabled people of groups I and II, who, according to the conclusion of the federal institution of medical and social expertise, are not contraindicated in studying at the relevant higher educational institutions;
citizens under the age of 20 who have only one parent - a disabled person of group I, if the average per capita income of the family is below the subsistence level established in the corresponding subject of the Russian Federation;
citizens who are discharged from military service and enter educational institutions that implement military professional educational programs, based on the recommendations of commanders of military units, as well as combatants.
Winners and prize-winners of the final stage of the All-Russian Olympiad for schoolchildren, members of the national teams of the Russian Federation that participated in international Olympiads in general subjects and formed in the manner determined by the Government of the Russian Federation, are accepted without entrance examinations to state and municipal higher educational institutions for training undergraduate and specialist training programs in the areas of training (specialties) corresponding to the profile of the All-Russian Olympiad for schoolchildren, the international Olympiad. Winners and prize-winners of Olympiads for schoolchildren held in the manner established by the federal executive body responsible for developing state policy and legal regulation in the field of education are admitted to state and municipal higher educational institutions for training undergraduate and specialist training programs in the areas of training (specialties) corresponding to the profile of the Olympiad for schoolchildren, in the manner established by the specified federal executive body.
Champions of the Olympic Games, Paralympic Games and Deaf Olympic Games are accepted without entrance examinations to state and municipal higher educational institutions for training undergraduate and specialist training programs in areas of training (specialties) in the field of physical culture and sports.
Citizens dismissed from military service, children of military personnel who died in the performance of military service duties or died as a result of military injuries or diseases, children of persons who died or died as a result of military injuries or diseases received by them when participating in counter-terrorism operations and (or) other measures to combat terrorism. The procedure for determining the persons who took part in the conduct of counter-terrorism operations and (or) other measures to combat terrorism is established in accordance with federal laws.
3.1. Citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for in subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ "On military duty and military service" (hereinafter - the Federal Law "On military duty and military service"), are accepted to state and municipal educational institutions of higher professional education for training in educational programs of higher professional education out of competition, subject to successful completion of entrance examinations.
3.2. Military personnel undergoing military service under a contract (with the exception of officers), whose continuous duration of military service under a contract is at least three years, subject to successful completion of entrance examinations, enjoy the right, in the manner determined by the Government of the Russian Federation, to enter state and municipal higher educational institutions without competition. educational institutions, as well as to the preparatory departments of federal state higher educational institutions for training at the expense of the federal budget with the development of educational programs for part-time (evening) or part-time education.
3.3. Training of citizens who have served for at least three years under contract in the Armed Forces of the Russian Federation, other troops, military formations and bodies in military positions to be replaced by soldiers, sailors, sergeants, foremen, and dismissed from military service on the grounds provided for subparagraphs "b" - "d" of paragraph 1, subparagraph "a" of paragraph 2 and paragraph 3 of Article 51 of the Federal Law "On Military Duty and Military Service", entrance examinations are carried out at the preparatory departments of federal state higher educational institutions, the procedure for the selection of which and the list provided for in accordance with this procedure are determined by the federal executive body responsible for the development of state policy and legal regulation in the field of education.
These citizens are admitted to the preparatory departments of federal state higher educational institutions if they have documents on education necessary for studying under higher professional education programs in higher educational institutions. If they study at the said preparatory departments for the first time after the end of military service under the contract, then their training is carried out at the expense of the federal budget, allocated to federal state higher educational institutions.
4. Citizens of the Russian Federation with higher professional education are admitted to postgraduate (adjuncture), residency and internship programs at state and municipal higher educational institutions, educational institutions of additional professional education, scientific organizations on a competitive basis, confirmed by a diploma of a specialist or a master's degree. Postgraduate studies (adjuncture) of state and municipal higher educational institutions, educational institutions of additional professional education, scientific organizations cannot exceed three years in full-time, four years in absentia.
5. Citizens of the Russian Federation who have a Ph.D.
The duration of doctoral studies cannot exceed three years.
6. Admission of foreign citizens to postgraduate studies (adjuncture), residency, internship and doctoral studies of higher educational institutions, educational institutions of additional professional education, scientific organizations is carried out in accordance with international treaties of the Russian Federation and intergovernmental agreements of the Russian Federation, as well as in the manner provided for in paragraph 2 Article 29 of this Federal Law.
Admission of stateless persons to postgraduate studies (adjuncture), residency, internship and doctoral studies of higher educational institutions, educational institutions of additional professional education, scientific organizations is carried out in the manner established by the Government of the Russian Federation.
7. For persons with a secondary vocational education of the relevant profile, as well as by decision of the academic council of a higher educational institution in the manner determined by the federal executive body in charge of developing state policy and legal regulation in the field of education, for persons whose level of education or whose abilities are a sufficient basis for obtaining higher professional education in reduced or accelerated undergraduate programs, higher professional education in such programs is allowed. Obtaining higher professional education under reduced specialist training programs and master's programs is not allowed.
8. A higher educational institution creates the necessary conditions for students to receive a quality education. It is forbidden to use inhumane, as well as dangerous to the life or health of students, teaching methods.
9. Educational and work practice, provided for by state educational standards of higher and postgraduate professional education, is carried out on the basis of agreements between higher educational institutions and enterprises, institutions and organizations, in accordance with which these enterprises, institutions and organizations, regardless of their organizational and legal forms, are obliged provide places for internships for students of higher educational institutions with state accreditation.
10. Requirements for the state final certification (graduate work, state exams, dissertations) are determined by the state educational standards of higher and postgraduate professional education. Control over the fulfillment of these requirements is carried out in accordance with the procedure established by law.
