ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 31, 2009 No. 277

About approval of the Regulations on licensing of educational activities

The government of the Russian Federation decides:

1. Approve the enclosed Regulations on licensing of educational activities.

2. To the Ministry of Education and Science of the Russian Federation in 3-month time to approve:

procedure for cost determination on conducting examination when implementing licensing of educational activities of educational institutions and scientific organizations;

procedure for training of experts of commissions of experts of licensing authorities.

3. Recognize invalid:

the order of the Government of the Russian Federation of October 18, 2000 N 796 "About approval of the Regulations on licensing of educational activities" (The Russian Federation Code, 2000, N 43, the Art. 4249);

Item of 42 changes which are made to the resolutions of Council of Ministers of RSFSR, the Government of RSFSR and the Government of the Russian Federation concerning state registration of the legal entities approved by the order of the Government of the Russian Federation of October 3, 2002 N 731 "About change and recognition voided some resolutions of Council of Ministers of RSFSR, the Government of RSFSR and the Government of the Russian Federation concerning state registration of legal entities" (The Russian Federation Code, 2002, N 41, the Art. 3983);

Item of 10 changes which are made to acts of the Government of the Russian Federation concerning the state fee, approved by the order of the Government of the Russian Federation of January 26, 2007 N 50 "About change and recognition voided some acts of the Government of the Russian Federation concerning the state fee" (The Russian Federation Code, 2007, N 6, the Art. 760).

4. This resolution becomes effective since July 1, 2009, except for provisions, the stipulated in Item 2 presents of the resolution which are becoming effective from the date of official publication of this resolution.

 

Approved by the order of the Government of the Russian Federation of March 31, 2009 No. 277

Regulations on licensing of educational activities

1. This Provision establishes procedure for licensing of educational activities of the educational institutions and educational organizations created in other forms of business and also the scientific organizations realizing in accordance with the legislation of the Russian Federation the main and (or) additional educational programs, and also programs of professional training (further respectively - educational institutions, the scientific organizations).

Action of this provision does not extend to the educational institutions realizing the educational programs containing the data which are the state secret, 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 safety of the Russian Federation, the federal executive body performing functions on development of state policy, normative legal regulation, control and supervision in the field of the state protection and also on the federal public educational institutions of higher professional training realizing educational programs of higher education on the basis of the educational standards and requirements which are independently established by them.

2. Are not subject to licensing:

a) the educational activities in the form of one-time lectures, training, seminars and other types of training which are not followed by final assessment and issue of education documents and (or) qualifications;

b) individual labor pedagogical activity, including in the field of professional training.

3. Licensing of educational activities according to the established competence is performed by the Federal Service for Supervision in Education and Science and executive bodies of subjects of the Russian Federation exercising control in the field of education (further - licensing authorities).

4. The Federal Service for Supervision in Education and Science (further - the federal licensing body) performs licensing of educational activities:

a) higher educational institutions;

b) the scientific organizations and educational institutions of additional professional education realizing educational programs of postgraduate professional education and additional professional educational programs according to which federal state requirements are established;

c) the educational institutions realizing military professional educational programs;

d) the federal public educational institutions of secondary vocational education realizing educational programs of secondary professional education for training of specialists in the field of defense, defense production, internal affairs, safety, nuclear power engineering, transport and communication, the knowledge-intensive production on specialties which list affirms the Government of the Russian Federation;

e) the Russian educational institutions and their branches located outside the territory of the Russian Federation.

5. Licensing of educational activities of the educational institutions and the scientific organizations specified in item 4 of this provision, including their branches, is performed according to all main and (or) additional educational programs, and also programs of professional training realized by them.

6. Licensing authorities of subjects of the Russian Federation perform licensing of educational activities of the educational institutions and scientific organizations located in the territory of appropriate subject of the Russian Federation (except for job seekers of licenses and licensees whose licensing of educational activities is referred to competence of the federal licensing body), and their branches including located in the territory of other subjects of the Russian Federation and outside the territory of the Russian Federation.

7. Licensing of educational activities of organizations of professional religious education (spiritual educational institutions), educational institutions of the religious organizations (associations) is performed according to the procedure, established by this Provision, the relevant licensing authorities depending on the level of implementable educational programs.

8. Licensed requirements and conditions when implementing educational activities are:

a) maintaining by the licensee or the statement to licensing by the license applicant of educational activities for the educational programs provided for the corresponding type of educational institutions or for the scientific organizations according to the Law of the Russian Federation "About education" and the Federal Law "About Science and the State Scientific and Technical Policy";

b) availability at the license applicant (licensee) in property or on other legal cause of the equipped buildings, structures, constructions, rooms and the territories necessary for implementation of educational activities for educational programs of the declared level and orientation (including the equipped educational offices, objects for carrying out practical training, rooms for work of health workers, food of students and pupils) and answering to the requirements established in accordance with the legislation of the Russian Federation;

c) availability at the license applicant (licensee) of the educational and methodical documentation provided by Items 6, of the 6.1 and 8 article 9 of the Law of the Russian Federation "About education", and also the educational, educational and methodical literature and other library and information resources and means of ensuring of educational process necessary for implementation of educational programs of the declared level and orientation according to federal state educational standards (federal state requirements) and answering to the requirements established in accordance with the legislation of the Russian Federation about education;

d) availability in staff of the license applicant (licensee) or attraction on other legal cause of pedagogical workers whose number and the education qualification provide implementation of educational programs of the declared level and orientation and answer with it to the requirements established in accordance with the legislation of the Russian Federation about education;

e) observance by the licensee of the requirements to the organization of educational process, and also the rights of participants of educational process, including requirements to the maximum amount of academic load of the students established for educational programs of appropriate level and orientation established by the legislation of the Russian Federation on education;

e) observance by the licensee the provided limiting license of number of students and pupils;

g) observance by the licensee of Rules of rendering the paid educational services approved by the order of the Government of the Russian Federation of July 5, 2001 N 505.

9. Implementation of educational activities with gross violation of licensed requirements and conditions involves the responsibility established by the legislation of the Russian Federation. Gross violation is understood as failure to carry out by the licensee of the licensed requirements and conditions provided by subitems "a", "b", "g" - "е" Item 8 of this provision.

10. For receipt of the license for the right of conducting educational activities (further - the license) her job seeker submits the following documents to the relevant licensing organ:

a) the statement for licensing (further - the statement) approved with the founder in whom are specified:

the complete and reduced (in the presence) names, form of business of the license applicant according to its charter, the place of its stay, the address of places of implementation of educational activities, the state registration number of record about creation of the legal entity and data of the document confirming the fact of entering of information about the legal entity into the Unified State Register of Legal Entities;

identification taxpayer number and data of the document on statement of the license applicant on accounting in tax authority;

the list of educational programs according to which the license applicant intends to conduct educational activities, with indication of their level and orientation;

license effective period;

data on the planned number of students and pupils, including according to the educational programs declared to licensing;

b) copies of constituent documents (with presentation of originals if copies are not certified by the notary).

The scientific organization or other organization having the educational division conducting professional training in addition the copy of the regulations on the specified division approved in accordance with the established procedure is submitted;

c) the copies of the staff list and other documents confirming availability in staff of the license applicant or attraction to them on other legal causes to conducting educational process according to the educational programs of pedagogical workers declared to licensing which number and the education qualification provide implementation of educational programs of the declared level and orientation certified by the head of the license applicant and answer the requirements established in accordance with the legislation of the Russian Federation, and also the certificate of staffing of educational process and completeness of states signed by the head of the license applicant;

d) copies of the documents confirming availability at the license applicant in property or on other legal cause of the equipped buildings, structures, constructions, rooms and the territories, including the equipped educational offices, objects for carrying out practical training, including objects of physical culture and sport, condition of providing students, pupils and workers with food and medical attendance on the declared license effective period (with presentation of originals if copies are not certified by the notary), and also the certificate of material logistics of educational activities for the educational programs declared to licensing signed by the head of the license applicant.

The license applicant leasing rooms for the organization of educational process in the public or local government office which is object of social infrastructure for children represents the copy of the document confirming carrying out the public or local government office by the founder according to item 4 of article 13 of the Federal law "About Basic Guarantees of the Rights of the Child in the Russian Federation" of expert evaluation of effects of the lease agreement for ensuring education, education, development, rest and improvement of children, rendering to them the medical, treatment-and-prophylactic care, social protection and social servicing of children certified in accordance with the established procedure;

e) the conclusions issued in accordance with the established procedure by the bodies exercising the state sanitary and epidemiological surveillance, the state fire supervision about compliance of the buildings, structures, constructions and rooms declared by the license applicant for conducting educational activities established by the legislation of the Russian Federation to requirements.

By training (retraining) of drivers of vehicles, trams and trolleybuses the conclusion of State Inspection for Road Traffic Safety of the Ministry of Internal Affairs of the Russian Federation about compliance of educational material resources of the license applicant to the established requirements in addition is submitted;

e) the curriculum according to each educational program (the list of disciplines (objects) entering each declared educational program) declared to licensing with indication of amounts of academic load (for educational institutions of professional education - classroom and out-of-class) on these disciplines (objects).

The license applicant on the right of conducting educational activities for preparation, retraining and advanced training of persons performing private detective and security activities represents also educational program approved with the Ministry of Internal Affairs of the Russian Federation;

g) the certificate of availability of educational, educational and methodical literature and other library and information resources and means of ensuring of educational process necessary for implementation of the educational programs declared to licensing signed by the head of the license applicant.

The license applicant having intention to realize educational programs with use partially or in full remote educational technologies represents data and copies of the documents confirming availability of the corresponding methodical and resource providing replacing partially or in full traditional educational resources;

h) representation of management of the relevant religious organization - for the educational institution created by such religious organization and also representation of management of the relevant centralized religious organization for the educational institution created by the religious organization entering into structure of the centralized religious organization;

i) the document confirming payment of the state fee for provision of the license;

j) the list of documents, provided for receipt of the license.

11. Forms of submission of the data provided by subitems "a", "v", "g" and "zh" of Item 10 of this provision affirm the Ministry of Education and Science of the Russian Federation.

12. Licensing of educational activities of branches of educational institutions or branches of the scientific organizations is performed according to the procedure, established by this Provision for educational institutions or the scientific organizations.

The branch of educational institution for licensing of educational activities represents in addition to documents, stipulated in Item the 10th this provision, the copy of the regulations on branch approved in accordance with the established procedure (with presentation of the original if the copy is not certified by the notary).

The branch of the scientific organization for licensing of educational activities for educational programs of postgraduate professional education and (or) according to the additional professional educational program represents in addition to documents, stipulated in Item the 10th this provision, the copy of the regulations on branch approved in accordance with the established procedure (with presentation of the original if the copy is not certified by the notary).

13. It is forbidden demand from the license applicant of submission of the documents which are not provided by this Provision.

14. The license applicant bears responsibility for provision of the doubtful or distorted data in accordance with the legislation of the Russian Federation.

15. The statement and documents attached to it are submitted by the license applicant to the licensing body directly or go the mailing (with the inventory of investment). The licensing body performs completeness and correctness of document creation within 3 days from the date of their receipt.

In case of receipt of the statement and the documents attached to it from the license applicant which licensing according to this Provision is not referred to competence of the licensing body or from the license applicant who declared to licensing educational activities for educational programs which he in accordance with the legislation of the Russian Federation has no right to realize documents are not considered and return to the license applicant.

In case of submission by the license applicant to the licensing body of the statement and the documents attached to it processed in accordance with the legislation of the Russian Federation about education and this Provision, the specified documents are accepted according to the inventory which copy with mark (notification) on date of their acceptance goes (is handed) to the license applicant. The direction (delivery) to the license applicant of the copy of the inventory of the arrived documents with mark (notification) of the licensing body means adoption of the statement to consideration.

The documents submitted by the license applicant for receipt of the license are registered the licensing body and are stored during license effective period.

In case of representation by the license applicant of incomplete set of documents, and also documents which contain technical mistakes or registration of which does not conform to requirements of this provision, the licensing body within 5 days from the date of their receipt directs (hands) to the license applicant the notification with appendix of the list of missing documents and (or) documents which execution does not conform to the established requirements. If within 2 months from the date of receipt of the notification the specified documents will not be submitted by the license applicant to the licensing body, the documents submitted for receipt of the license return to the license applicant.

16. The licensing body performs check of completeness and reliability of the provided information about the license applicant, and also check of possibility of accomplishment by the license applicant of licensed requirements and conditions.

17. The license is granted by the licensing body based on the conclusion of commission of experts.

18. The commission of experts is created by the licensing body not later than in 20 days from registration date and acceptances to consideration of the application and the documents attached to it. The official (persons) of the licensing body, representatives of executive bodies, local government body in the territory of which the license applicant, representatives of educational institutions, scientific organizations, experts from among persons who had the corresponding training according to the procedure, established by the Ministry of Education and Science of the Russian Federation is located enter into commission of experts.

Examination of conditions of conducting educational activities by military educational institutions of primary, secondary, higher and additional professional education, Suvorov Military Schools, Nakhimov naval Naval Schools, military and musical schools, cadet (sea cadet, musical cadet) is performed by cases and schools (boarding schools) with participation of state bodies of the executive authority or local government bodies under which authority they are.

The structure of commission of experts is determined by the licensing body taking into account type and type of educational institution, and also level and orientation of the educational programs declared to licensing.

The faces which are consisting in the employment or civil relationships with the license applicant, and also having with his heads or other workers close relationship or property (parents, spouses, children, brothers, sisters, and also brothers, sisters, parents and children of spouses) cannot be members of commission of experts.

19. Expertize is carried out from the date of creation of commission of experts in a month. The commission of experts of the licensing body draws up the conclusion about compliance or discrepancy of conditions of educational process to licensed requirements and conditions by results of examination. Expertize is carried out with departure of commission of experts in educational institution or the scientific organization. Preparation of the conclusion without departure of commission of experts is allowed in the following cases:

a) when carrying out licensing of educational activities of accredited educational institution or scientific organization or the branches accredited in their structure - provided that they have the license which did not expire at the time of filing of application, terms of educational process offered by them since receipt of the license did not change, and in their activities during action of the license violations of licensed requirements and conditions were not revealed;

b) when carrying out licensing of educational activities for new educational programs of accredited educational institution or scientific organization or the branches accredited in their structure having the license for the right of conducting educational activities for other educational programs which effective period expires not earlier than in 1 year.

20. Costs for conducting examination are paid by the founder of the license applicant.

The license is granted in case of presentation of the copy of the payment documents confirming payment of costs for conducting examination.

21. The decision of the licensing body on issue or on refusal in licensing is accepted no more than 60 days from registration date and acceptance to consideration of the application in time and is drawn up by the administrative act of the licensing body.

The licensing body in 5-day time from decision date about licensing informs on it the licensee and the authorized federal executive body performing state registration of legal entities in the location of the licensee.

22. The notification on refusal in licensing with indication of causes of failure goes to the license applicant and his founder in writing to 5-day time from the date of acceptance by the licensing body of such decision.

23. The basis for refusal in licensing is the negative conclusion of the commission of experts which established discrepancy of terms of educational process offered by the license applicant, to licensed requirements and conditions or availability of the doubtful and distorted data in the documents submitted for receipt of the license.

24. The decision of the licensing body on refusal in licensing can be disputed in court.

25. The federal licensing body approves forms of the form of the license and appendices to it.

The form of the license is the protected printed material having degree of protection of level "A", is subject to storage and accounting as the document of the strict reporting.

Acquisition of forms of the license at the printing companies having licenses for activities on production of the protected printed material, their accounting and storage perform licensing authorities.

26. In the license are specified:

a) the name of the licensing body;

b) registration license number and decision date about its issue;

c) the complete and reduced (in the presence) names and form of business of the licensee, the place of its stay, the primary state registration number of record about state registration of the legal entity;

d) identification taxpayer number;

e) the licensed type of educational activities;

e) license effective period.

27. The license has appendices in which are specified:

a) the complete and reduced (in the presence) names of the licensee, the place of its stay, the list of educational programs, the directions of preparation (specialties) according to which the right of conducting educational activities is granted to the licensee, their level (steps) and orientation, normative terms of development;

b) the name and the location of branches of the licensee, the list of educational programs, the directions of preparation (specialties) according to which such branches are granted the right of conducting educational activities, their level (steps) and orientation, normative terms of development;

c) profession, qualification (degree, the category) which will be appropriated to persons which successfully completed development of professional educational programs;

d) control standard rates, the extreme number of students and pupils calculated in relation to full-time courses for the licensee and each its branch.

28. The license is signed by the head of the licensing body (in case of its absence - person, it replacing) and certified by seal of this body. Appendices to the license are certified by seal of the licensing body, and in the presence of several sheets - are sewed.

The license without appendices is invalid.

29. The license is granted for the term which is not exceeding 6 years. The license can be granted for smaller term according to the statement of the license applicant (licensee) approved with the founder and also in cases, stipulated in Item 34 this provision.

The licenses granted in accordance with the established procedure before statement of this provision keep the action before the expiration of the terms specified in them.

The license for new term is granted to the licensee according to the procedure, established by this Provision for its obtaining. At the same time the statement and documents attached to it go to the licensing body at least in 60 days prior to the termination of effective period of earlier granted license.

30. Licensing of educational activities for the main educational programs, new to the licensee, is carried out according to the procedure, established by this Provision for receipt of the license provided that effective period of the license for the right of conducting educational activities for other educational programs which is available for it expires not earlier than in year.

For receipt by the licensee of the license for the right of conducting educational activities for new educational programs the documents provided by subitems "a", "v", "e" and "k" of Item 10 of this provision, the containing data on terms offered for conducting educational process according to new educational programs and also the statement from the decision of council (scientific, pedagogical) educational institution about the organization of preparation for the new educational programs declared for licensing for educational institution of professional education are submitted to the licensing body.

The list of new educational programs joins in appendix to the license.

The license for the right of conducting educational activities in the branch located outside the territory of the Russian Federation is provided to the license applicant according to the procedure, established by this Provision if other is not provided by the international treaty.

31. In case of change of the location or the name of the licensee, including by results of the state accreditation, the licensee shall submit the application for renewal of the license with indication of the new information about the licensee and details of the document confirming the fact of entering of corresponding changes into the Unified State Register of Legal Entities. The statement for renewal of the license and the documents confirming the specified changes move in the licensing body not later than in 15 days from the date of entering of corresponding changes into the Unified State Register of Legal Entities.

Renewal of the license is made without creation of commission of experts in time, not exceeding 20 days from registration date of the statement for renewal of the license and the documents attached to it.

The licensing body in 5-day time from the date of decision making about renewal of the license informs on it the licensee and the authorized federal executive body performing state registration of legal entities in the location of the licensee, and also enters corresponding changes in the register of licenses.

Before renewal of the license the licensee performs educational activities based on earlier granted license.

32. In case of change of conditions of educational process regarding the used buildings and rooms, the pedagogical workers of the licensee or other data fixed in appendices to the license, the licensee shall from the moment of the happened changes to submit within 2 weeks term within the licensing body the statement for renewal of the license regarding the corresponding appendix with indication of the new information about the licensee and the documents confirming the specified changes.

Such renewal of the license is made without creation of commission of experts in time, not exceeding 30 days from registration date of the statement and the documents attached to it, by registration and issue of new appendix to the license of in exchange earlier issued.

33. Submission to the licensing body of incomplete or false information is the basis for refusal in renewal of the license. The adequate notice about refusal in renewal goes (is handed) to the licensee in writing with indication of causes of failure.

Paragraph 2 of ceased to be valid

34. By reorganization of educational institution in the form of transformation, allocation of branch in the independent legal entity, the accession to educational institution of the legal entity which is not educational institution creation of autonomous educational institution by change of the type existing state or municipal educational institution the educational institution has the right to perform educational activities based on the license granted to it before the termination of term of its action.

By reorganization of educational institution in the form of accession to it of one or several educational institutions the license of the reorganized educational institution is renewed according to the procedure, stipulated in Item 32 this provision, taking into account licenses of the attached educational institutions for the period before the termination of effective period of the license of the reorganized educational institution.

In case of change of the status of educational institution and its reorganization in other form the license voids. In this case for the purpose of ensuring continuation of conducting educational activities to educational institution or its legal successor the license for up to 1 year can be granted. Such license is granted based on the statement, the copy of the document confirming the fact of change of the status or reorganization of educational institution, and also the documents provided by subitems "b", "g", "i" and "k" of Item 10 of this provision.

In case of liquidation of the licensee its license loses legal force and it is considered cancelled.

35. In case of loss the licensing body grants licenses its duplicate based on the statement of the licensee for issue of the duplicate of the license within 10 days from the date of receipt of such statement.

36. Control of observance by the licensee of licensed requirements and conditions is performed by the licensing authorities which granted the license according to their competence.

If when conducting check violation of licensed requirements and conditions was revealed, the licensing body sends to the licensee (and in case of need - to his founder) the instruction, obligatory for execution, about elimination of the revealed violations with indication of the term of their elimination (no more than 6 months).

37. The federal executive bodies exercising control of activities of the military educational institutions of primary, secondary, higher and (or) additional professional education which are under their authority according to the established powers inform the federal licensing body on results of check of conditions of educational process in such educational institutions.

38. The licensing body has the right to suspend the license or to cancel the license. In 5-day time from decision date on suspension of action of the license or about cancellation of the license the licensing body in writing with application of a copy of the relevant order informs on it the licensee, his founder and tax authority in the location of the licensee.

39. The licensing body has the right to suspend the license completely or regarding conducting by the licensee educational activities for the separate educational programs specified in the appendices to the license including realized in its branches.

40. The basis for suspension of action of the license is:

gross violation of licensed requirements and conditions;

non-execution by the licensee of the instruction of the licensing body, the binding licensee to eliminate the revealed violations.

In case of decision making about suspension of action of the license the licensing body shall establish the term of elimination by the licensee of the revealed violation which entailed suspension of action of the license. The specified term cannot exceed 6 months.

About elimination of the revealed violation which entailed suspension of action of the license, the licensee in writing informs the licensing body and submits the relevant documents testimonial of elimination of the revealed violation.

If the submitted documents confirm elimination of the revealed violations, the licensing body shall make the decision on renewal of action of the license in 10-day time and inform in writing on the made decision of the licensee, his founder and tax authority in the location of the licensee.

41. If during the term of suspension of action of the license violation was not eliminated, the license is cancelled. The decision on cancellation of the license is made by the licensing body and can be disputed in court.

The basis for cancellation of the license is also conducting educational activities by the licensee during suspension of action of the license.

In case of acceptance by the licensing body of the decision on cancellation of the license licensing of educational activities of such educational institution or scientific organization is performed according to the procedure, established by this Provision for receipt of the license again.

In case of receipt of the statement of the licensee for the termination of the conducting educational activities approved with the founder, the licensing body issues the administrative act of cancellation of the license.

42. The statement of the license applicant (licensee) and documents attached to it, acts of the licensing body on provision or on refusal in provision of the license, about renewal of the license, about suspension of action or cancellation of the license, renewal or cancellation of the license, 1 copy of the document confirming availability of the license, copy of acts performed by the licensing body of the licensee and other documents constitute licensed case of the license applicant (licensee) and are subject to storage in the licensing body according to the procedure established by the licensing body.

43. Licensing authorities keep registers of licenses in which are specified:

a) the name of the licensing body which granted the license;

b) full name and location of the licensee;

c) identification taxpayer number, primary state registration number of record about state registration of the legal entity;

d) decision date about licensing, registration license number;

e) license effective period;

e) basis and date of renewal of the license, issue of the duplicate;

g) basis and date of cancellation of the license.

44. Information containing in registers of licenses is open for acquaintance with it of physical persons and legal entities and shall be posted on the websites of licensing authorities on the Internet. Physical persons and legal entities also have the right to obtain gratuitously information containing in registers of licenses in the form of statements about specific licensees. The term of provision of such information cannot exceed 10 days from receipt date of the corresponding statement.

45. Not allowed

transfer of the license to other legal entity;

implementation of educational activities of branch in the absence of the information about him in the license of the legal entity whose structural division is the branch.

46. Without license, including in branches, educational institutions and the scientific organizations bear responsibility for conducting educational activities in accordance with the legislation of the Russian Federation.

47. The state fee in sizes and procedure which are established by the legislation of the Russian Federation on taxes and fees is paid for provision by the licensing body of the license, renewal of the document confirming license availability, issue of the duplicate of the document confirming license availability, and prolongation of effective period of the license.

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