Admission terms under contracts for the provision of paid educational services. Contract for the provision of paid educational services (contract for training): we draw up the right places for education contracts
Admission conditions to OGBPOU SATT for training under contracts for the provision of paid educational services
Paid educational services provided by the contractor include:
Training in educational programs of secondary vocational education in excess of established benchmarks;
Training in the main vocational training programs - vocational training program for the professions of workers, positions of employees, retraining programs for workers, employees, continuing education programs for workers, employees;
Training in additional professional programs;
The cost of paid educational services is determined by the cost estimate for paid educational services.
Enrollment in the number of students studying is made by order of the director.
A written contract is concluded with the customer for the provision of paid educational services.
The contractor, prior to concluding the contract and during the period of its validity, provides the customer with reliable information about himself and about the paid educational services provided, which makes it possible to choose them correctly.
The contract is concluded in simple writing and contains the following information:
Full name of the executor - legal entity;
Location of the contractor;
Name or surname, name, patronymic (if any) of the customer, telephone of the customer;
Location or place of residence of the customer;
Surname, name, patronymic (if any) of the representative of the contractor and (or) customer, details of the document certifying the authority of the representative of the contractor and (or) customer;
Surname, name, patronymic (if any) of the student, his place of residence, phone number (indicated in the case of paid educational services in favor of the student who is not a contracting customer);
Rights, obligations and responsibilities of the contractor, customer and student;
The full cost of educational services, the procedure for their payment;
Information about the license for educational activities (name of the licensing authority, number and date of registration of the license);
Type, level and (or) orientation of the educational program (part of the educational program of a certain level, type and (or) orientation);
Form of training;
Terms of development of the educational program (duration of training);
The type of document (if any) issued to the student after he has successfully mastered the corresponding educational program (part of the educational program);
Procedure for amending and terminating the contract;
Other necessary information related to the specifics of the paid educational services.
Admission to the group of paid educational services is carried out at the personal request of citizens.
SAMPLE
CONTRACT No.__
for training in educational programs of secondary vocational education
The regional state budgetary vocational educational institution "Sursky Agrotechnological College" carrying out educational programs of secondary vocational education on the basis of license RO No. 035792, issued by the Committee for Supervision and Control in the Field of Education of the Ulyanovsk Region on February 20, 2012 indefinitely
Hereinafter referred to as the "Contractor", represented by Director Fomin Yuri Nikolaevich, acting on the basis of the Charter and
__________________________
(Full name / name of legal entity)
hereinafter referred to as the "Customer", represented by _____________________________________
(job title, full name of the customer representative)
acting on the basis ____________________________________ details of the document certifying the authority of the representative of the Customer)
_____________________________________________________________________________
(Name of the person enrolled in the training)
hereinafter referred to as the “Learner”, the jointly referred to as the Parties have concluded this Agreement (hereinafter the “Agreement”) as follows:
1. The Subject of the Agreement
1.1. The Contractor undertakes to provide educational services, and the Student / customer (delete the unnecessary) agrees to pay for training in the educational program of secondary vocational education.
____________________________
(form of training, code, name of profession, specialty or area of \u200b\u200btraining)
within the federal state educational standard or educational standard in accordance with the curriculum, including individual, and the educational programs of the Contractor.
1.2. The term for the development of the educational program (duration of study) at the time of signing the Agreement is _____________.
The duration of training according to an individual curriculum, including accelerated learning, is __________________________.
(number of months, years)
1.3. After the students have mastered the educational program and successfully passed the state final certification, they are given ____________________________________________________________________________
(document on education and qualifications)
2. Interaction of the parties
2.1. The Contractor has the right:
2.1.1. To independently carry out the educational process,
Establish rating systems, forms, order and frequency
Interim certification of the Student;
2.1.2. Apply incentive measures and measures to the Learner
Disciplinary action in accordance with the legislation of the Russian Federation
Federations, constituent documents of the Contractor, this Agreement and
Local regulatory acts of the Contractor.
2.2. The customer has the right to receive information from the Contractor on issues
Organizing and ensuring the proper provision of services,
Provided by section I of this Agreement.
2.3. The student is granted academic rights in accordance with
"On education in the Russian Federation." The student is also entitled to:
2.3.1. Receive information from the Contractor on the organization and
Ensuring the proper provision of services provided for in Section I
Actual agreement;
2.3.2. Use in accordance with local regulations.
Acts, property of the Contractor, necessary for the development of educational
Programs;
2.3.3. Take in the manner prescribed by local regulatory
Acts, participation in socio-cultural, wellness and other
Events organized by the Contractor;
2.3.4. Receive complete and reliable information about the assessment of their
Knowledge, skills and competencies, as well as the criteria for this assessment.
2.4. The Contractor is obliged:
2.4.1. Enroll the student who completed the established
Legislation of the Russian Federation, constituent documents,
By the local regulatory acts of the Contractor, the conditions of admission, as
__________________________________________________________________;
2.4.2. To bring to the Customer information containing information about
The provision of paid educational services in the manner and amount that
2012 N 273-ФЗ "On education in the Russian Federation" * (7);
2.4.3. Organize and ensure proper provision
Educational services provided for in Section I of this Agreement.
Educational services are provided in accordance with federal
State educational standard or educational
Standard, curriculum, including individual, and schedule
Performer's classes;
2.4.4. Provide the learner with the selected
The educational program conditions for its development;
2.4.5. Accept fees from the Student and / or the Customer for
Educational services;
2.4.6. To provide the Student with respect for human dignity,
Protection from all forms of physical and mental violence, insults
Personalities, the protection of life and health * (8).
2.5. The customer and (or) the trainee is obligated (s) to make timely
The fee for the educational services provided to the Student indicated
In section I of this Agreement, in the amount and manner specified
This Agreement, as well as provide payment documents,
Confirming such payment.
III. The cost of educational services, terms and procedure for their payment
3.1. The full cost of educational services for the entire period of study
The student is ____________________________________________ rubles.
The increase in the cost of educational services after conclusion
This Agreement is not allowed, except for an increase in value
These services, taking into account the level of inflation provided by the main
The characteristics of the federal budget for the next fiscal year and
Planning period
3.2. Payment is made in full on the first day of training by bank transfer to the account specified in section VIII of this Agreement.
IV. Procedure for amending and terminating the Agreement
4.1. The conditions under which this Agreement is concluded may be
Changed by agreement of the Parties or in accordance with the law
Russian Federation.
4.2. This Agreement may be terminated by agreement of the Parties.
4.3. This Agreement may be terminated at the initiative of
Contractor unilaterally in cases provided for by paragraph
21 Rules for the provision of paid educational services approved
2013 N 706 (Meeting of the legislation of the Russian Federation, 2013,
N 34, Art. 4437).
4.4. This Agreement shall be terminated ahead of schedule:
At the initiative of the student or parents (legal representatives)
Of a minor student, including in the case of a transfer
Learning to continue mastering the educational program in another
Educational organization;
At the initiative of the Contractor, if applied to the Student,
At the age of fifteen, deductions as a disciplinary measure
Penalties, in case of failure by the Student in a professional
Educational program responsibilities for the fair development of such
Educational program and curriculum implementation, as well as in the case of
Establishment of a violation of the procedure for admission to an educational organization,
Entailed through the fault of the Student his illegal enrollment in
Educational organization;
In circumstances beyond the control of the Learner or parents
(legal representatives) of a minor Learner and
Contractor, including in case of liquidation of the Contractor.
4.5. The Contractor has the right to refuse to fulfill obligations under
Agreement subject to full reimbursement to the Student of losses.
4.6. The student has the right to refuse to execute this Agreement
Provided that the Contractor is paid the expenses actually incurred by him.
V. Responsibility of the Contractor, Customer and Student
5.1. For non-performance or improper performance of their obligations
Under the Agreement, the Parties bear the responsibility provided for
The legislation of the Russian Federation and this Agreement.
5.2. Upon detection of a lack of educational services, including
Rendering is not in full provided for by educational
Programs (part of the educational program), the Customer is entitled to
Require your choice:
5.2.1. Free provision of educational services.
5.2.2. A commensurate decrease in the cost of educational
Services
5.2.3. Reimbursement of expenses incurred by him to eliminate deficiencies
Provided educational services on their own or by third parties.
5.3. The customer has the right to refuse to execute the Agreement and demand
Full indemnification, if in _____ term educational deficiencies
Services are not eliminated by the Contractor. The customer is also entitled to refuse
Fulfillment of the Agreement, if it is found to be a significant defect rendered
Educational services or other significant deviations from the conditions
Of the contract.
5.4. If the Contractor violated the terms for the provision of educational services
(deadlines for the start and (or) end of the provision of educational services and (or)
Interim terms for the provision of educational services) or if during
The provision of educational services, it became apparent that it will not
Delivered on time, the Customer is entitled at his discretion:
5.4.1. Assign the Contractor a new term during which
The contractor must begin to provide educational services and / or
To complete the provision of educational services;
5.4.2. To instruct third parties to provide educational services for
Reasonable price and demand compensation from the contractor
Expenses;
5.4.3. Demand a reduction in the cost of educational services;
5.4.4. Terminate the contract.
VI. Contract time
6.1. This Agreement shall enter into force on the day of its conclusion.
Parties and is valid until the Parties fully fulfill their obligations.
VII. Final provisions
7.1. The information specified in this Agreement is consistent
Information posted on the Contractor's official website in the network
"Internet" as of the date of conclusion of this Agreement.
7.2. Under the period of the provision of educational services (period
Training) refers to the period of time from the date of issuance of the order on
Student enrollment in an educational organization prior to the date of publication
Order on graduation or expulsion of the Student from
Educational organization.
7.3. This Agreement is made in _______ copies, one for
To each side. All copies have equal legal force.
Changes and additions to this Agreement may be made only in
Written and signed by authorized representatives of the Parties.
7.4. Amendments to the Agreement are made out by additional agreements to
To the contract.
Viii. Addresses and details of the parties
|
Executor: |
Customer (student representative): |
|
OGBPOU SATT 433240, Russian Federation, Ulyanovsk Region, Sursky District, r.p. Surskoy, Lenin street, house number 47 TIN 7319003577 Gearbox 731901001 BIC 047308001 account 40601810573084000001 Director of OGBPOU SATT ____________________ Fomin Yu.N. M.P. "__" ________ 20__ |
________________________________________________ (FULL NAME.) Registration Address ________________________________________________ Passport data: No. ________ series ________________________________ By whom and when issued _______________________________ ________________________________________________ ________________________________________________ signature _________________ ______________________ (FULL NAME.) Learning: Residence address ____________________________ _________________________________________________ No. __________ series _______________________________ By whom and when issued _________________________________ (FULL NAME.) |
In the case of the implementation of educational activities by an individual entrepreneur and the admission of students at the expense of individuals and (or) legal entities, the basis for the emergence of educational relations is an education agreement.
In accordance with Part 1 of Art. 54 of Law No. 273-FZ, an education contract is concluded in simple written form between:
1) an organization engaged in educational activities, and a person enrolled in training (parents (legal representatives) of a minor);
2) an organization engaged in educational activities, a person enrolled in training, and an individual or legal entity undertaking to pay for the training of a person enrolled in training.
The education contract is of a civil law nature, being a contract for the provision of paid services. Under the contract for the provision of services, the contractor undertakes to provide services (to carry out certain actions or carry out certain activities) on the instructions of the customer, and the customer undertakes to pay for these services.
According to Art. 434 of the Civil Code of the Russian Federation, a written contract can be concluded by drafting one document signed by the parties, as well as by exchanging documents by mail, telegraph, teletype, telephone, electronic or other communication, which allows to establish reliably that the document comes from the party under the contract. The written form of the contract is considered to be complied with if the written proposal to conclude the contract was accepted in the manner of acceptance expressed by the person who received the offer, within the time period established for its acceptance, actions to fulfill the conditions of the contract specified in it (payment of the corresponding amount, etc.) unless otherwise provided by law, other legal acts or specified in the offer.
In accordance with Part 2 of Art. 54 of Law No. 273-FZ, the education contract must indicate the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), form of training, and term for completion educational program (duration of study).
A more detailed legal regulation of the procedure for concluding education contracts was received in Decree of the Government of the Russian Federation of August 15, 2013 No. 706 “On the Approval of the Rules for the provision of paid educational services”.
According to paragraph 12 of the Rules for the provision of paid educational services
a) full name and company name (if any) of the executor - legal entity; surname, name, patronymic (if any) of the executor - individual entrepreneur;
b) the location or place of residence of the performer;
c) name or surname, name, patronymic (if any) of the customer, telephone of the customer;
d) the location or place of residence of the customer;
e) surname, name, patronymic (if any) of the representative of the contractor and (or) the customer, details of the document certifying the authority of the representative of the contractor and (or) customer;
f) last name, first name, patronymic (if any) of the student, his place of residence, phone number (indicated in the case of the provision of paid educational services in favor of the student who is not a contracting customer);
g) the rights, duties and responsibilities of the contractor, customer and student;
h) the full cost of educational services, the procedure for their payment;
i) information about the license for educational activities (name of the licensing authority, number and date of registration of the license);
j) the type, level and (or) orientation of the educational program (part of the educational program of a certain level, type and (or) orientation);
k) form of training;
l) the timing of the development of the educational program (duration of training);
m) the type of document (if any) issued to the student after he has successfully mastered the corresponding educational program (part of the educational program);
n) the procedure for amending and terminating the contract;
o) other necessary information related to the specifics of the paid educational services.
The education agreement cannot contain conditions that restrict the rights of persons who have the right to receive education of a certain level and focus and who have applied for admission to studies, and learners or reduce the level of provision of guarantees to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions restricting the rights of applicants and students or lowering the level of guaranteeing them are included in the contract, such conditions shall not apply.
The contract will be concluded according to the general rules of civil law. Until the age of 14, it is concluded by the student’s parents (legal representatives), in the period from 14 to 18 years, the contract is formally concluded by the minor, but with the written consent of the parents, older than 18 years (or emancipated, married earlier than this age), the contract is signed directly learner.
Often there are conflict situations when the contract requires a change due to the fact that the legislative regulation of a particular issue has changed. The student (or his legal representatives) refuses to amend the contract. Such a conflict can only be resolved in court.
Often, the student also refuses to conclude a contract when the educational organization insists on it. The issue is also resolved in court, however, in general, the consequences will vary depending on whether the conclusion of the contract is mandatory on the basis of Part 2 of Art. 53 of the Law No. 273-FZ. If such an agreement is supposed to be available (for example, pre-school education or paid educational services), then before the conclusion of the agreement, the student’s enrollment simply will not take place, it will not be possible to issue an enrollment order, because there will be no reason for its publication.
The education contract concluded at the time of admission to study at the expense of the funds of an individual and (or) legal entity shall indicate the full cost of paid educational services and the procedure for their payment.
According to Art. 424 of the Civil Code of the Russian Federation, in the cases provided for by law, prices (tariffs, prices, rates, etc.) are set or regulated by authorized state bodies and (or) local authorities. In accordance with paragraph. 4 h. 1 Article. 17 of the Federal Law of 06.10.2003 No. 131-ФЗ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” with a view to resolving issues of local importance, local self-government bodies of settlements, municipal districts and urban districts have the power to set tariffs for services provided by municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws. Thus, local governments have the right to set tariffs for paid educational services for additional general development programs provided by municipal educational institutions. It should be noted that public authorities do not have a similar authority in relation to state educational institutions.
An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services, taking into account the inflation rate provided for by the main characteristics of the federal budget for the next financial year and planning period.
An organization engaged in educational activities has the right to reduce the cost of paid educational services under a contract for the provision of paid educational services, taking into account the coverage of the missing cost of paid educational services from its own funds, including funds received from income-generating activities, voluntary donations and earmarked contributions individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by a local regulatory act and are brought to the attention of students.
If a deficiency of paid educational services is discovered, including the provision of them not in full provided for by the educational programs (part of the educational program), the customer has the right, at his choice, to demand:
a) free provision of educational services;
b) a commensurate decrease in the cost of rendered paid educational services;
c) reimbursement of expenses incurred by him to eliminate the shortcomings of the paid educational services rendered on his own or by third parties.
The customer has the right to refuse to fulfill the contract and demand full compensation for losses if, within the time period established by the contract, the shortcomings of paid educational services are not eliminated by the contractor. The customer is also entitled to refuse to fulfill the contract if he has discovered a significant shortcoming of the paid educational services provided or other significant deviations from the terms of the contract.
If the contractor violated the terms for the provision of paid educational services (the terms for the start and (or) end of the provision of paid educational services and (or) the interim terms for the provision of paid educational services) or if during the provision of paid educational services it became clear that they would not be delivered on time, the customer is entitled at his discretion:
to appoint a new term for the contractor, during which the contractor must begin to provide paid educational services and (or) end the provision of paid educational services;
instruct third parties to provide paid educational services at a reasonable price and require the contractor to reimburse the costs incurred;
demand a reduction in the cost of paid educational services;
terminate the contract.
The customer has the right to demand full compensation for losses incurred in connection with the violation of the deadlines for the start and (or) end of the provision of paid educational services, as well as in connection with the shortcomings of paid educational services.
In addition, the inclusion in the agreement on the formation of conditions that violate the rights of consumers entails administrative responsibility.
So, by the Decree of the Seventeenth Arbitration Court of Appeal dated September 16, 2013 No. 17AP-8002/2013-AKU in the case No. A50-6183 / 2013 in satisfying the requirement to cancel the decision to prosecute under part 2 of Art. 14.8 of the Administrative Offenses Code of the Russian Federation for the inclusion in the contract of conditions infringing on the rights of consumers, it was refused, as it confirmed the presence in the applicant’s actions of a sanctioned administrative offense and the absence of violations of the procedure for bringing to administrative responsibility.
In accordance with Part 7 of Art. 54 of Law No. 273-ФЗ, the education contract expires in connection with the acquisition of education (completion of studies), as well as ahead of schedule on the following grounds:
a) at the initiative of the student or the parents (legal representatives) of the minor student, including in the case of the transfer of the student to continue mastering the educational program in another organization engaged in educational activities;
b) on the initiative of the educational organization, in the case of applying to the student who has reached the age of fifteen years, deductions as a measure of disciplinary sanction, in the case of failure by the student in the professional educational program of the obligations to conscientiously master such an educational program and implement the curriculum, as well as in the event of a violation of the order admission to the educational organization, which entailed, through the fault of the student, his illegal admission to the educational organization;
c) in circumstances beyond the control of the student or the parents (legal representatives) of the minor student and educational organization, including in the event of the liquidation of the educational organization.
In accordance with paragraph 21 of the Rules for the provision of paid educational services at the initiative of an educational organization, an education contract may be terminated unilaterally in the following case:
Sample forms of education contracts are approved by the federal executive body, which carries out functions for the development of state policy and legal regulation in the field of education. The following contract forms are currently approved:
After the introduction of an education agreement between students and educational organizations of preschool education, the question arose of the need to conclude an agreement on supervision and care.
The provisions of Law No. 273-FZ do not require the conclusion of a separate contract for training in pre-school education programs and for the provision of care and care services. Also, this is not provided for by the Procedure for the organization and implementation of educational activities for basic general educational programs - educational programs for pre-school education, approved by Order of the Ministry of Education and Science of Russia of August 30, 2013 No. 1014.
Art. 54 of Federal Law No. 273-FZ establishes only the mandatory conditions of an education contract. Based on the general principles of civil law, it is allowed to conclude an agreement that contains elements of various agreements (part 3 of article 421 of the Civil Code of the Russian Federation). Therefore, the inclusion in such an agreement of regulation of the issues of supervision and care does not contradict the law.
It should be emphasized that the fee for supervision and care can under no circumstances be considered as the cost of educational services. If the implementation of pre-school education programs is funded from the appropriate budget, this agreement will not apply to the contract for the provision of paid educational services, despite the presence of fees charged by parents (legal representatives) for the care and care of children.
The entrepreneurial approach to education has led to the stimulation of the process of creating a market for educational services with high economic attractiveness. However, due to the rapid expansion of the market for paid educational services, there is a significant increase in the number of lawsuits filed in defense of the rights of consumers of paid educational services.
In judicial practice, which is being formed after the entry into force of Federal Law No. 273-ФЗ, the following most common types of statements of claim in defense of the rights and interests of students and parents (legal representatives) of students in the provision of paid educational services can be distinguished:
on violation of students' rights to quality education;
on violation of the rights of students in accredited educational institutions to defer military service;
violation of guarantees of public access and free education.
However, most of the disputes are related to non-compliance with the legislation of the Russian Federation, in particular, the provisions of Federal Law No. 273-FZ of the provisions of the agreement on the provision of educational services.
Thus, the Supreme Court of the Russian Federation upheld the decision of the previous instances on holding the non-state educational institution of the private secondary school “Romashka” responsible for violating the requirements for educational activities established by the legislation on education, expressed in the conduct of educational activities by representative offices of educational organizations or in violation of the rules for rendering paid educational services (part 1 of article 19.30 of the Administrative Code of the Russian Federation).
As noted in the Decree of the Supreme Court of the Russian Federation of July 2, 2015 No. 5-AD15-14, clause 12 of the Rules for the provision of paid educational services, approved by the Decree of the Government of the Russian Federation of August 15, 2013 No. 706, a list of necessary information is determined that must contain an education contract.
During April 9 and 16, 2014, authorized officials of the Office of State Oversight and Control in the Field of Education of the Moscow City Education Department, on the basis of a corresponding order dated March 25, 2014, a planned field audit of the institution revealed the absence of contracts for the provision of paid educational services concluded institution with parents (legal representatives) of minor students (these agreements, the director of the institution refused to submit to inspectors am), and the submitted form of the sample agreement between the institution and the child’s parents on the provision of paid educational services does not contain all the necessary information provided for in paragraph 12 of the Rules for the provision of paid educational services. In addition, documents have not been submitted confirming by whom and when the form of the agreement was approved, which does not allow to establish the date of its application in the institution.
The actions of the institution, which had the opportunity to comply with the requirements of the legislation on education, are qualified under part 1 of art. 19.30 Administrative Code of the Russian Federation.
This conclusion is also confirmed in other judicial acts.
It should be noted that in accordance with the current legislation, the provisions of the Law of the Russian Federation dated February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” apply to the contract for the provision of paid educational services. For example, they apply to the recognition of the terms of such an agreement as violating the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, and are invalidated in this case (part 1 of article 16 of the Law on Protection of Rights consumers "). These conditions include the following:
the condition that upon termination of the contract with the student previously paid amounts are not refunded;
the condition under which re-passing of tests and exams is paid according to the tariffs in force at the time of payment;
a condition according to which, when restoring a previously expelled student, a new contract is drawn up and, in addition to the main cost of training, a restoration fee is charged;
the condition for admission of the applicant to entrance examinations after payment of the first course of study and expenses associated with the work of the selection committee;
a condition on the establishment in contracts, in addition to tuition fees, of “gratuitous lump sums for the maintenance of an educational institution”.
A rather interesting case from judicial practice is the decision of the Thirteenth Arbitration Court of Appeal of April 2, 2009 in case No. A56-42097 / 2008 in a lawsuit filed by the Saint Petersburg Humanitarian University of Trade Unions non-governmental educational institution against the Office of the Federal Service for Supervision in the Sphere consumer protection and human well-being in St. Petersburg, in which the court refused to satisfy the claim in connection with the following: the court concluded that the inclusion in the agreement on the transfer of a specialist with higher education to the conditions that force an applicant to purchase one service with the obligatory purchase of other services (write and study the journal Very Um, purchase a plastic Visa Electron card, etc.), indicates a violation of consumer rights established by law and entails administrative liability under Part 2 of Art. 14.8 Administrative Code of the Russian Federation.
The inclusion in the education contract of conditions that infringe upon the rights of the consumer — students and parents (legal representatives) of students — established by law, is the most common subject of dispute before the courts.
From September 4 to October 1, 2014, an official of Rospotrebnadzor conducted a scheduled on-site inspection of compliance by the institution with mandatory requirements in the field of consumer protection at the representative office of the Moscow State Industrial University, a federal state budgetary educational institution of higher education in Vologda.
Based on the results of the audit, an act was passed to end violations of consumer rights by concluding new agreements on the provision of paid educational services.
In accordance with paragraph 1 of Art. 16 of the Law “On the Protection of Consumer Rights”, the terms of the contract that infringe the consumer’s rights in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection are recognized as invalid.
According to Art. 43 of the same Law for violation of consumer rights established by laws and other regulatory legal acts of the Russian Federation, the seller (contractor, manufacturer, authorized organization or authorized individual entrepreneur, importer) bears administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.
In this case, the institution included in the contracts for the provision of paid educational services conditions that violate the statutory rights of consumers.
In particular, the department of Rospotrebnadzor considered that Moscow State Industrial University unreasonably included clause 1.5 in the contracts, according to which an educational institution of higher education has the right to unilaterally increase the cost of tuition, specified in clause 1.4 of the contract (full cost of training), taking into account the inflation rate, stipulated by the main characteristics of the federal budget for the next financial year and planning period, on the basis of the order of the rector of the Moscow State Twven Industrial University.
In addition, the supervisory authorities charged the educational organization with the unlawful inclusion of clauses 3.1, 3.8 of the agreements that infringe the rights of consumers.
According to paragraph 3.8 of the agreements concluded by the institution, they can be terminated unilaterally by the Moscow State Industrial University if the parties have not reached an agreement to bring it in accordance with paragraph 1.5, 2.2.2 of this agreement.
Clause 3.1 of the contract stipulates that the contract can be terminated by a citizen at any time of its validity, and Moscow State Industrial University if a citizen fails to comply with clauses 2.2.1, 2.2.2 of the contract.
In accordance with clause 2.2.1 of the contract, the citizen undertakes, within ten days from the date of conclusion of the contract, to pay 17,000 rubles for the first semester of study.
According to clause 2.2.2 of the contract, until September 10 in the autumn semester and until February 10 in the spring semester of each next semester, the citizen agrees to familiarize himself with the order of the rector of the educational organization to pay for tuition at the Institute of Distance Education of the Moscow State University, conclude an additional agreement to this agreement, receive a receipt for tuition and pay for student tuition.
In accordance with Part 7 of Art. 54 of Federal Law No. 273-FZ, along with those established by Art. 61 of Federal Law No. 273-ФЗ on the grounds for the termination of educational relations at the initiative of an organization engaged in educational activities, the contract for the provision of paid educational services may be terminated unilaterally by this organization in case of delay in payment of the cost of paid educational services, as well as if proper execution the obligation to provide paid educational services became impossible due to the student's actions (inaction).
The grounds for termination unilaterally by the organization engaged in educational activities, the contract for the provision of paid educational services are indicated in the contract.
According to Part 1 of Article 61 of Law No. 273-FZ, educational relations cease in connection with the expulsion of a student from an organization engaged in educational activities:
1) in connection with obtaining education (completion of training);
2) ahead of schedule on the grounds established by subsection 2 of this section.
Part 2 of Art. 61 of Federal Law No. 273-FZ determines that educational relations may be terminated early in the following cases:
1) at the initiative of the student or the parents (legal representatives) of the minor student, including in the case of the transfer of the student to continue mastering the educational program in another organization engaged in educational activities;
2) on the initiative of the organization carrying out educational activities, in the case of applying to a student who has reached the age of fifteen, deductions as a measure of disciplinary sanction, in case of failure by the student to fulfill the obligations of the professional educational program to master such an educational program and implement the curriculum, as well as in the event of a violation of the procedure for admission to an educational organization that entailed, through the fault of the student, his unlawful enrollment in an educator organization;
3) due to circumstances beyond the control of the student or the parents (legal representatives) of the minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.
Clause 21 of the Rules for the provision of paid educational services also provides that, at the initiative of the contractor, the contract may be terminated unilaterally in the following case:
a) application to the student who has reached the age of 15 years, deductions as a measure of disciplinary sanction;
b) non-fulfillment by students of a professional educational program (part of the educational program) of obligations for the conscientious development of such an educational program (part of the educational program) and the implementation of the curriculum;
c) the establishment of a violation of the procedure for admission to an organization carrying out educational activities that entailed, through the fault of the student, his illegal enrollment in this educational organization;
d) delay in payment of the cost of paid educational services;
e) the impossibility of proper fulfillment of obligations to provide paid educational services as a result of actions (inaction) of the student.
As follows from the Decree of the Fourteenth Arbitration Court of Appeal on May 13, 2015 in case No. A13-15563 / 2014, from an analysis of these provisions of the legislation of the Russian Federation on education, the court found that the grounds for the unilateral termination of the contract for the provision of educational services contained in paragraph 2.2 .2 of the contract referred to in clauses 3.1 and 3.8 of the contract are not provided by applicable law, therefore, violate the rights of students established by law.
Another violation of the rights and legitimate interests of students, as follows from judicial practice, is the establishment of conditions for the payment of educational services under the contract in the order of 100% prepayment - as the exclusive right to choose the consumer.
On November 27, 2013, the Department of Rospotrebnadzor in the Samara Region conducted a planned field audit in relation to the REAVIZ Non-State Educational Institution of Higher Professional Education (hereinafter referred to as the REAVIZ NOU VPO), based on the results of which an audit report was drawn up.
As a result of the analysis of contracts concluded by the REAVIZ MIU VPO with consumers, it was found that they included conditions that infringe consumer rights established by law and violate Art. 16, paragraph 2 of article 17, 37 of the Law "On Protection of Consumer Rights" and paragraph 8 of the Rules for the provision of paid educational services.
According to clause 3.2 of agreements dated September 3, 2013 No. 030913-94-СУ, dated September 3, 2013 No. 11091-89-СУ, dated September 3, 2013 No. 090913-Ю2-ПП, dated September 5, 2013 No. 050913-149-PS payment for educational services under the contract is carried out by the customer in the order of 100% prepayment by transferring funds to the account of the contractor no later than September 13, 2013.
According to clause 3.3 of contract No. 100432 dated October 21, 2013, educational services under this contract are paid by the customer by transferring funds to the account of the contractor in advance, with breakdown of payments by semester in equal shares.
The Office of Rospotrebnadzor in the Samara region recognized these conditions as infringing on the rights of consumers, since they exclude the right to choose a consumer provided to him by Art. 37 of the Law on the Protection of Consumer Rights. According to this norm, the consumer is obliged to pay for the work performed by the contractor in full after its acceptance by the consumer. With the consent of the consumer, work can be paid for by him at the conclusion of the contract in full or by issuing an advance.
The court concluded that the provisions of civil law and legislation on education do not provide for the payment of unproven services. The above paragraphs of the contracts, providing for the obligation of the consumer to pay for services not performed by the institution, are contrary to the legislation of the Russian Federation.
In addition, the regulatory authorities revealed another violation of the procedure for concluding agreements on the provision of paid educational services by this educational organization - the establishment of a condition on the change in the cost of services by the institute in a unilateral - notification.
According to clause 3.2 of the agreement of October 21, 2013 No. 100432 from the second academic year and (or) subsequent academic years, the cost of services under this agreement can be changed unilaterally by the institute. In this case, the cost of services accordingly changes. The institute is obliged to notify the customer in writing about the increase in the cost of services no later than 30 calendar days before the start of the second and (or) subsequent academic year, respectively.
The decision of the Eleventh Arbitration Court of Appeal of July 22, 2014 in case No. A55-2363 / 2014 states that this provision contradicts paragraph 8 of the Rules for the provision of paid educational services, according to which an increase in the cost of paid educational services after the conclusion of the contract is not allowed.
However, according to paragraph 3 of Art. 54 of Federal Law No. 273-ФЗ in the contract concluded upon admission to study at the expense of the individual and (or) legal entity, the full cost of paid educational services and the procedure for their payment are indicated.
The agreement cannot contain conditions that restrict the rights of persons to receive education of a certain level and focus, who have applied for admission to studies, and learners or reduce the level of provision of guarantees to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions restricting the rights of applicants and students or lowering the level of providing guarantees to them are included in the contract, such conditions shall not be applied.
The court ordered the NOU VPO MI “REAVIZ” to bring the agreements on the provision of paid educational services in accordance with the legislation of the Russian Federation and to renew the agreements on education with students in order to comply with guarantees of the exercise of their rights to education.
A significant number of violations of the legislation on education regarding the conclusion of contracts for the provision of paid educational services is committed by individual entrepreneurs engaged in educational activities. Currently, the number of court cases initiated by the prosecution authorities and parents (legal representatives) of students is increasing.
Periodic inspections of the activities of individual entrepreneurs engaged in educational activities demonstrate that violations of the Rules for the provision of paid educational services and the provisions of Federal Law No. 273-F3 are allowed, namely:
As the analysis of judicial practice shows, the expansion of the market for paid educational services and the consolidation of the concept of an “education agreement” in the legislation, the need for a clear and detailed regulation of educational relations - educational organizations, on the one hand, and students and parents (legal representatives) of students, on the other parties, - in accordance with the agreement on the provision of paid educational services will increase.
See more details: Resolution of the Thirteenth Arbitration Court of Appeal of April 2, 2009 in Case No. A56-42097 / 2008 // Access from ATP “Consultant Plus”.
See more details: Resolution of the Fourteenth Arbitration Court of Appeal dated May 6, 2015 in case No. A44-7765 / 2014 // Access from ATP “Consultant Plus”; The decision of the Fourteenth Arbitration Court of Appeal dated May 29, 2014 in the case No. A44-129 / 2014 // Access from ATP “Consultant Plus”; The decision of the Seventeenth Arbitration Court of Appeal of September 16, 2013 No. 17АП-8002/2013-АКУ // Access from ATP “Consultant Plus”.
See more details: Appeal ruling of the Moscow City Court of May 6, 2015 in case No. 33-14168 / 2015 // Access from ATP “Consultant Plus”; The ruling of the Moscow City Court of March 4, 2015 No. 4a-4413/14 // Access from ATP “Consultant Plus”; Appeal ruling of the Moscow City Court of October 22, 2014 in case No. 33-36328 / 2014 // Access from ATP “Consultant Plus”; The determination of the Moscow City Court of September 29, 2014 No. 4g / 3-9783 / 14 // Access from ATP “Consultant Plus”.
It is worth noting that the situations can be different: from sending an employee to a higher educational institution to receive additional education, to sending to various retraining courses. In this case, the employer is forced to conclude an agreement with an educational or other organization that provides relevant training services. The provision of educational services is regulated by the provisions of the Federal Law dated December 29, 2012 No. 273-ФЗ “On Education in the Russian Federation”. The provisions of the law contain a list of the essential terms of the contract for training. It should be noted that when concluding a contract for training, parties cannot establish rules restricting the rights of applicants and students in comparison with how they are formulated by law. In this article, we will consider the features of concluding and checking an agreement on the provision of paid educational services. As in the previous article, when giving recommendations, we will use the algorithms offered by the program presented by the legal system.
1. Preamble
In the preamble of the contract, it is necessary to indicate the names of the parties - who is the contractor and who is the customer, as well as the persons authorized to act on their behalf when concluding a training contract. The contractor may be an individual entrepreneur or legal entity providing educational services. If the executor is a non-profit organization, then its constituent documents must provide for the possibility of carrying out income-generating activities, this activity must comply with the goals of creating the organization, and the non-profit organization must have sufficient property to provide educational services. The contractor may be either an educational organization (a professional educational organization, an educational organization of higher education, an organization of additional professional education), or an organization that provides training, but does not have an educational status. It is also advisable to reflect in the contract information on the availability of accreditation by the contractor for the provision of services under the appropriate educational program. Given the above, it is reasonable for the customer to take measures to verify the constituent documents and the availability of accreditation with the contractor. On the side of the customer can be any competent person, both physical and legal, ordering services. An education contract can be concluded directly by the person who will be studying, or constitute an agreement on the provision of educational services to a third party (student). In this case, the customer is liable for payment, but the student receives the service. The foregoing suggests the possibility of concluding a tripartite agreement. In the preamble of such an agreement, in addition to the contractor and the customer, it is indicated who the student is, as well as the person authorized to act on his behalf when concluding the contract.2. Subject of the contract
An agreement on the provision of paid educational services (an agreement on training) is an agreement under which one party (contractor) undertakes to provide educational services, and the other party (customer) agrees to pay for these services. Thus, the subject of the contract is the provision of training services. If the contract provides for training in the educational program, then in this section it is necessary to reflect its type, level or focus. Training can be carried out according to the main (type: training of skilled workers or employees, training of mid-level specialists) or according to an additional educational program. The orientation can be determined in the contract by indicating the profession, specialty, assigned qualification or otherwise. If the contract provides for the provision of one-time services (lectures or seminars), then it is necessary to describe their content and scope. The nature of the services rendered can be described either directly in the text of the contract, or be placed in a separate application. In this section of the contract, the parties determine the availability of the final certification, as well as the form of its conduct. If necessary, the agreement can reflect the receipt of certificates of training for students who have not passed the final certification. If students are not a party to the contract, then the parties must agree in the text of the contract or in the appendix to it about the students, as well as the requirements for them (level of education, work experience, age, etc.) The contract reflects the presence and form control of students, and also considers the issue of obtaining by students of documents confirming the passage of training. 3. Terms of service
The term for the provision of educational services (duration of study) is an essential condition of the contract for training. This circumstance means that if the parties do not agree on a deadline, then the contract can be recognized as not concluded, which means that the customer, as well as the contractor, will not be entitled to demand the fulfillment of the terms of the contract by the other party. In this section, it is necessary to agree on the moment of the beginning of the course (period of study), as well as the moment of the end of the term of study. The parties also have the right to determine interim dates. The start of the term can be determined by indicating the calendar date or event (for example, making a deposit by the customer, signing the contract). Similarly determined and the end of the training period. 4. The procedure for the provision of services
This section of the contract requires the parties to agree on the following conditions: the form and place of the services used in the provision of technology services, the class schedule, the admissibility of attracting sub-contractors, the procedure for processing the results of the services, the procedure for enrolling students for training, and student responsibilities. When concluding a contract for training in an educational program, the parties determine the form of training (full-time, part-time or part-time), as well as the admissibility of the use of e-learning and distance technologies. Undoubtedly, the application of the latter methods can be extremely convenient for the customer-employer, moreover, often distance learning involves significantly lower costs compared with training involving the presence of the student at the place of service. However, the customer of educational services should take into account that the Ministry of Education and Science of the Russian Federation establishes a list of professions that cannot be used exclusively in e-learning or distance learning. The condition of who (the contractor or customer) provides the equipment and software for training can be significant. In order to avoid conflicts, it is advisable to define this in the text of the contract. It is also necessary to reflect what methodological materials and access to which information resources (library, archive) the executor provides. Considering the fact that training can take place during the employee's performance of his labor functions, the customer may be interested in agreeing on a lesson schedule. In this case, the schedule and intensity of the load are reflected by the parties in the text of the contract or in the annex to it. Not all educational services can be provided by the contractor independently. For example, individual seminars may be held by persons invited by the performer. To resolve such situations in the contract, the parties have the right to stipulate the admissibility of attracting third parties to the provision of educational services (sub-contractors), as well as establish a list of acceptable sub-contractors and requirements for them. If the contract does not reflect the requirements of third parties involved by the contractor to provide services, then the right to choose a sub-contractor is granted to the contractor. The customer in this case will not be able to influence the choice of the person involved in the execution. Another condition that the parties must agree in this section of the contract relates to the procedure for processing the results of the provision of services. As a rule, we are talking about signing an act of services rendered. It can be signed both at the end of the entire training period, and at the end of the interim terms agreed by the parties (month, semester, year). The parties determine the requirements for the form and content of the act, as well as for persons authorized to sign it. It is acceptable to agree on the form of the act of services rendered. It is advisable to establish in the contract the terms for signing the act, as well as the admissibility of drawing up a unilateral act in case of evasion of the other party from signing it. 5. Quality of service
In this section of the contract, the parties agree on the requirements for the quality of educational services provided. In particular, the parties are entitled to indicate that the services must comply with the mandatory requirements or requirements contained in regulatory documents. Parties can also agree on their own requirements by indicating the level of professional training, the procedure for conducting classes, the organization of the process and the results of the provision of services. Requirements for conducting classes can consist in strict adherence to the educational program, the use of certain educational techniques and teaching methods, simplicity and accessibility of the presentation of the material. The organization of the educational process includes conditions for sufficient material and technical support for the educational process, proper teaching and methodological support, the condition of the classrooms, the availability of information about the time and place of the classes, customer access to information about attendance and student performance. Requirements for the result of the provision of services can be formulated by indicating that students successfully pass the final certification, exam, and test. The services provided may not meet the quality requirements agreed upon by the parties. In this connection, it is advisable to provide for the consequences of the provision of services of inadequate quality in the contract. It may be about the gratuitous elimination of deficiencies (in this case, the term for the elimination is indicated in the contract) or in reimbursement of the costs of the customer for the elimination (then the term for the payment of compensation should be agreed in the contract). 6. Price of services
The price condition is an essential condition of the contract for the provision of paid educational services. Thus, the parties cannot ignore him. Payment can be made both in cash or by other counter-provision (provision of services, performance of work, etc.). If the terms of the contract require the payment of a sum of money, then the parties determine the currency in which the price is expressed. The price may be agreed by the parties by indicating a fixed amount, applicable tariffs or by indicating tariffs (prices) for similar services established by a state or municipal authority. If the scope of services is significant, the parties can agree on a budget. Considering the fact that educational services can be provided for a significant period of time, it is reasonable to agree on a contract on the procedure and extent of price changes in connection with inflation or an increase in the exchange rate in which the price is expressed. In conditions of instability, it is advisable to avoid setting prices in foreign currency. As noted above, the provision of educational services involves the use of equipment, teaching materials, etc. In this section, the parties agree on the condition for including the costs of the contractor in the contract price or the procedure for compensating for these costs. 7. Payment for services
In this section, the parties determine the procedure and terms of payment for the services of the contractor by the customer. Since the contract for the provision of paid educational services can be concluded for a considerable period, payment can be made in installments after the billing period (month, week, etc.). The provision of the service can be advanced. When using advance payment, the parties can agree on the condition for paying interest on the use of a commercial loan. However, in practice, the condition of a commercial loan is rarely included in the contract, since all risks associated with prepayment can be resolved by reducing the price. The contract may also establish a condition for payment after the provision of services or a mixed payment procedure. In this section, the procedure for making settlements must be agreed. As a rule, a non-cash form of payment is used by means of payment orders. But the parties can use other methods of settlement. Regardless of the form of cashless payment chosen, the parties must determine the moment when the customer is deemed to have fulfilled the payment obligation. The contract may stipulate a condition for the payment of educational services rendered by another counter provision (transfer of things, performance of work or provision of services). In these cases, in this section of the contract, it is necessary to agree on the procedure and terms for the necessary actions, as well as the requirements for the quality of the counter provision. 8. Responsibility of the parties
In this section, the parties agree on the conditions of occurrence and the amount of liability for violation of the contract for the provision of paid educational services. The most common measure of liability is a forfeit. As a rule, the customer admits violation of the payment term for the educational services provided. However, other violations that entail the obligation to pay a penalty may be committed. For example, the failure to provide the necessary equipment or software, if the corresponding obligation is assigned by the contract to the customer. In turn, the contractor may commit the following violations of the terms of the contract: engaging in the provision of services of third parties in the presence of a ban agreed by the parties or engaging a subcontractor not agreed by the parties, delay in the provision of services (there may be a violation of the start or end time for the provision of services, as well as the interim deadlines, agreed upon by the parties at the conclusion of the contract), the delay in the gratuitous elimination of defects, as well as the delay in reimbursing the customer for the elimination of defects. The parties must agree on the maximum amount of the penalty payable, as well as the ratio of losses and penalty. And also to establish the procedure for compensation for losses incurred by one of the parties in violation of the terms of the contract. 9. Modification and termination of the contract
In this section, the parties agree on the conditions and procedure for terminating and amending the education contract. The possibility of amending and terminating the agreement by agreement of the parties or in court is being considered. It should be noted that the condition on the procedure for amending and terminating the contract for the provision of paid educational services is essential. The parties determine the grounds for termination of the contract in court, that is, they list those violations of the terms of the contract that they consider material. Among the violations committed by the contractor, which may give the customer the opportunity to demand termination of the contract, the violation of the terms for the provision of services or the involvement of third parties in execution if there is a ban can be mentioned. The contractor may also have the right to demand termination of the contract, for example, if the customer violates the payment terms for the services rendered (failure to make an advance payment, violation of the intermediate payment terms). The parties may also include in the text of the contract a provision of the law on the right of the customer to refuse to execute the contract in the event of the presence of significant deficiencies in the services provided, as well as in the event the performer does not eliminate the violations. 10. Dispute Resolution
In this section, the parties determine the procedure for resolving conflicts that arise. The parties indicate the court authorized to consider all disputes arising. It is advisable to agree in the contract the claim procedure for the consideration of contradictions. To do this, you need to agree on the procedure and deadline for sending a claim and an answer to it. If in the contract the parties have established the mandatory direction of the claim before going to court, then non-compliance with the claim procedure prevents the appeal to the court. 11. Final Provisions
The final provisions indicate the duration of the contract. It is advisable to indicate that, regardless of the period specified in the contract, obligations arising from the contract continue to exist until they are fulfilled (for example, an obligation to pay for services). The parties have the right to establish the procedure and terms for familiarizing students with the terms of the contract for training. This section also indicates the procedure for sending legally significant messages (letters, complaints). As noted, a fully prepared contract, similar to the above steps, can be obtained using the ConsultantPlus Contract Builder program. The author thanks the legal adviser of IFZ OJSC Nadezhda Braginets for her help in preparing the material. 1) an organization engaged in educational activities, and a person enrolled in training (parents (legal representatives) of a minor);
2) an organization engaged in educational activities, a person enrolled in training, and an individual or legal entity undertaking to pay for the training of a person enrolled in training.
2. The agreement on education should indicate the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), the form of training, the period of development of the educational program (duration training).
3. The education contract concluded upon admission to study at the expense of the individual and (or) legal entity (hereinafter referred to as the contract for the provision of paid educational services) shall indicate the full cost of paid educational services and the procedure for their payment. An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services, taking into account the inflation rate provided for by the main characteristics of the federal budget for the next financial year and planning period.
4. The information specified in the contract for the provision of paid educational services must correspond to the information posted on the official website of the educational organization on the Internet at the date of conclusion of the contract.
5. An organization engaged in educational activities is entitled to reduce the cost of paid educational services under an agreement on the provision of paid educational services, taking into account the coverage of the missing cost of paid educational services at the expense of this organization’s own funds, including funds received from income-generating activities, voluntary donations and earmarked contributions of individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by a local regulatory act and are brought to the attention of students.
6. The education agreement may not contain conditions that restrict the rights of persons entitled to education of a certain level and orientation and who have applied for admission to study (hereinafter referred to as applicants), and students or reduce the level of provision of guarantees to them in comparison with the conditions, established by legislation on education. If conditions restricting the rights of applicants and students or lowering the level of providing guarantees to them are included in the contract, such conditions shall not be applied.
7. Along with the grounds for the termination of educational relations established by Article 61 of this Federal Law on the initiative of an organization engaged in educational activities, an agreement on the provision of paid educational services may be terminated unilaterally by this organization in case of delay in payment of the cost of paid educational services, as well as in the case of if the proper fulfillment of the obligation to provide paid educational services has become impossible due to the actions (inaction) of the student Xia.
8. The grounds for unilateral termination by the organization engaged in educational activities of the contract for the provision of paid educational services are indicated in the contract.
10. Sample forms of agreements on education for basic general educational programs, educational programs of secondary vocational education and additional general educational programs are approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of general education. Sample forms of agreements on higher education are approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of higher education. An approximate form of an agreement on additional professional education is approved by the federal executive body, which carries out functions for the development and implementation of state policy and legal regulation in the field of higher education, in agreement with the federal executive body, which carries out functions for the development and implementation of state policy and regulatory legal regulation in the field of general education.
(see text in previous edition)
Russia, having a general secondary education, can once receive higher or secondary special education on a budgetary basis at a state university. This means that the state pays for student tuition. A student who passes the session on “good” and “excellent” is paid a scholarship. Anyone with only fives in the standings can count on an increased scholarship. There are budget places in some non-state universities, but they are usually very few. They enter the budget department usually on a competitive basis, passing the unified state exams according to the list approved by the higher educational institution and posted on the official website. Some higher education institutions are given the right to conduct additional entrance examinations - for example, an interview or a creative competition.
A student can be deducted from the budget department for academic debt. You can recover, but the procedure in most cases is paid, and you can continue training only on a contract basis.
Contract form
In the contract form, the student pays for the training himself. He enters a higher educational institution also on a competitive basis, but at the same time also concludes a bilateral agreement with a university or. The contract, among other things, indicates the size and terms of payment. The fee can be paid immediately for a semester or monthly, this is determined by the university. A student can be expelled not only for academic debt, but also for.The amount of payment can be changed, and most often upward.
State order in education
In recent years, the system of state order in education has been increasingly practiced in Russia. This is also a contractual form of training, but it is not a student who pays, but an enterprise that needs a specialist of a particular profile. A tripartite agreement is concluded between a student, a higher educational institution and an enterprise. In addition to paying for the training of a specialist, an enterprise can provide a student with some social services - pay for accommodation in a hostel, travel to the place of study and back, and also increase the scholarship. The company also provides the opportunity to practice where the person will work. A student is required to work at the enterprise for several years after graduation. If his, he must reimburse the company costs. Admission to higher and secondary specialized institutions is also carried out on a competitive basis.Mixed forms
In small towns, a partially paid form of education is also practiced. For example, a university opens a branch, rents a room, invites teachers. Students admitted to the budget department do not pay for tuition, but the remaining costs fall on their shoulders, that is, they contribute money for renting the premises and paying for utility bills. In any case, it is much cheaper than training on a contract basis.
It might be useful to read:
- Summary: Analysis of the methods of the effectiveness of the quality management system processes;
- Contract for the provision of paid educational services (training contract): we draw up the right places for education contracts;
- Hardware Diagnostics;
- Automation of the waste water treatment process;
- Classification and types of innovation;
- Assembly of electronic equipment Designs of sealed terminals of electronic assemblies;
- Methodological foundations of commercial activity;
- Selection and calculation of welding modes;