On approval of the rules for the provision of paid educational services. On approval of the rules for the provision of paid educational services Resolution of the Russian Federation dated August 15 13,706
In accordance with Part 9 of Article 54 Federal Law"On education in the Russian Federation" Government of the Russian Federation decides:
1. Approve the attached Rules for the provision of paid educational services.
2. To recognize as invalid:
Decree of the Government of the Russian Federation of July 5, 2001 N 505 “On approval of the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2001, N 29, Art. 3016);
Decree of the Government of the Russian Federation dated April 1, 2003 N 181 “On introducing amendments and additions to the Decree of the Government of the Russian Federation dated July 5, 2001 N 505” (Collected Legislation of the Russian Federation, 2003, N 14, Art. 1281);
Decree of the Government of the Russian Federation of December 28, 2005 N 815 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2006, N 1, Art. 156);
2008 N 682 “On amendments to the Rules for the provision of paid educational services” (Collection of Legislation of the Russian Federation, 2008, N 38, Art. 4317).
Chairman of the Government of the Russian Federation D. Medvedev
Rules for the provision of paid educational services
1. These Rules determine the procedure for the provision of paid educational services.
2. Concepts used in these Rules:
“customer” - an individual and (or) legal entity who intends to order or orders paid educational services for himself or other persons on the basis of an agreement;
“performer” - an organization carrying out educational activities and providing paid educational services to students (individual entrepreneurs carrying out educational activities are equated to an organization carrying out educational activities);
“lack of paid educational services” - inconsistency of paid educational services or mandatory requirements, provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or the purposes for which paid educational services are usually used, or the purposes of which the contractor was informed by the customer when concluding the contract, including their provision not in full, provided for by educational programs (part of educational program);
"student" - individual mastering the educational program;
"paid educational services" - implementation educational activities on assignments and at the expense of individuals and (or) legal entities under educational agreements concluded upon admission to study (hereinafter referred to as the agreement);
"significant drawback paid educational services" - an irremovable deficiency, or a deficiency that cannot be eliminated without disproportionate costs or time, or is identified repeatedly, or appears again after its elimination, or other similar deficiencies.
3. Paid educational services cannot be provided in place of educational activities, the financial support of which is provided through budgetary allocations federal budget, budgets of the constituent entities of the Russian Federation, local budgets. Funds received by performers during the provision of such paid educational services are returned to the persons who paid for these services.
4. Organizations carrying out educational activities at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets have the right to provide paid educational services at the expense of individuals and (or) legal entities that are not provided for by the established state or municipal assignment or agreement on the provision of a subsidy for reimbursement of costs under the same conditions for the provision of the same services.
5. The customer’s refusal of the paid educational services offered to him cannot be the reason for a change in the volume and conditions of the educational services already provided to him by the contractor.
6. The Contractor is obliged to provide the customer with the provision of paid educational services in full in accordance with educational programs (part of the educational program) and the terms of the contract.
7. The Contractor has the right to reduce the cost of paid educational services under the contract, taking into account covering the missing cost of paid educational services at the expense of own funds the performer, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by the local normative act and are brought to the attention of the customer and (or) the student.
8. An increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
II. Information about paid educational services, the procedure for concluding contracts
9. The Contractor is obliged, before concluding the contract and during the period of its validity, to provide the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.
10. The Contractor is obliged to provide the customer with information containing information about the provision of paid educational services in the manner and volume that are provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On Education in the Russian Federation”.
11. The information provided for in paragraphs 9 and 10 of these Rules is provided by the contractor at the place of actual implementation of educational activities, as well as at the location of the branch of the organization carrying out educational activities.
12. The agreement is concluded in simple written form and contains the following information:
a) full name and company name (if any) of the performer - legal entity; last name, first name, patronymic (if any) of the performer - individual entrepreneur;
b) location or place of residence of the performer;
c) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;
d) location or place of residence of the customer;
e) last name, first 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;
f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);
g) rights, duties and responsibilities of the performer, customer and student;
h) the full cost of educational services, the procedure for their payment;
i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
j) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);
k) form of training;
l) terms of mastering the educational program (duration of study);
m) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);
o) the procedure for changing and terminating the contract;
n) others necessary information related to the specifics of the paid educational services provided.
13. The agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study (hereinafter referred to as applicants), and students or reduce the level of guarantees provided to them in comparison with the conditions established by law Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
14. Sample forms of contracts are approved federal body executive power, which carries out the functions of developing state policy and legal regulation in the field of education.
15. The information specified in the contract must correspond to the information posted on the official website educational organization in the information and telecommunications network "Internet" on the date of conclusion of the agreement.
III. Responsibility of the contractor and the customer
16. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the legislation of the Russian Federation.
17. If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:
a) provision of educational services free of charge;
b) a proportionate reduction in the cost of paid educational services provided;
c) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.
18. The customer has the right to refuse to fulfill the contract and demand full refund losses if, within the period established by the contract, the shortcomings of paid educational services are not eliminated by the contractor. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.
19. If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out in term, the customer has the right, at his choice:
a) assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;
b) entrust the provision of paid educational services to third parties at a reasonable price and demand reimbursement of expenses incurred from the contractor;
c) demand a reduction in the cost of paid educational services;
d) terminate the contract.
20. The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.
21. At the initiative of the contractor, the contract may be terminated unilaterally in next case:
a) application to a student who has reached the age of 15 years, deductions as a measure disciplinary action;
b) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;
c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;
d) late payment of the cost of paid educational services;
e) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student.
When preparing the material we used
reference and legal systems "Consultant Plus"
Decree of the Government of the Russian Federation of August 15, 2013 N 706 “On approval of the Rules for the provision of paid educational services”
The document introduces into the legal field the concept of “lack of paid educational services,” defined as a discrepancy between paid educational services or the mandatory requirements provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or the goals for for which paid educational services are usually used, or for the purposes of which the contractor was informed by the customer at the conclusion of the contract, including the provision of them not in full, provided for by educational programs or part thereof.
If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:
Free provision of educational services;
A proportionate reduction in the cost of paid educational services provided;
Reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.
It is determined that an agreement on the provision of paid educational services is concluded in simple written form and must contain, in particular, the following information:
Full name and corporate name of the performer - legal entity; Full name of the performer - individual entrepreneur;
Location or place of residence of the performer;
Name or full name of the customer, telephone number of the customer;
Location or place of residence of the customer;
Rights, duties and responsibilities of the performer, customer and student;
The full cost of educational services, the procedure for their payment;
Information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
Type, level or focus of the educational program;
Form of training;
Time frame for completing the educational program (duration of study);
Type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);
Procedure for changing and terminating the contract.
It has been established that, at the initiative of the contractor, the contract can be terminated unilaterally in the event of:
Application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;
Failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;
Establishing a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;
Delays in payment of the cost of paid educational services;
Impossibility of proper fulfillment of obligations to provide paid educational services due to the actions (inaction) of the student.
It is also determined that the contractor has the right to reduce the cost of paid educational services under the contract, taking into account covering the missing cost of paid educational services at the expense of the contractor’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of the customer and the student.
From the moment this resolution comes into force, Decree of the Government of the Russian Federation dated July 5, 2001 N 505, which previously regulated the procedure for the provision of paid educational services, becomes invalid.
Here is the text of the rules:
RULES FOR PROVIDING PAID EDUCATIONAL SERVICES
I. General provisions
1. These Rules determine the procedure for the provision of paid educational services.
2. Concepts used in these Rules:
“customer” - an individual and (or) legal entity who intends to order or orders paid educational services for himself or other persons on the basis of an agreement;
“performer” - an organization carrying out educational activities and providing paid educational services to students (individual entrepreneurs carrying out educational activities are equated to an organization carrying out educational activities);
“lack of paid educational services” - non-compliance of paid educational services with either the mandatory requirements provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or the purposes for which paid educational services are usually used, or the purposes of which the contractor was informed by the customer when concluding the contract, including their provision not to the full extent provided for by educational programs (part of the educational program);
“student” - an individual mastering an educational program;
“paid educational services” - the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under educational agreements concluded upon admission to study (hereinafter referred to as the agreement);
“a significant deficiency in paid educational services” is an irreparable deficiency, or a deficiency that cannot be eliminated without disproportionate costs or time, or is identified repeatedly, or appears again after its elimination, or other similar deficiencies.
3. Paid educational services cannot be provided in place of educational activities, the financial support of which is provided through budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, and local budgets. Funds received by performers during the provision of such paid educational services are returned to the persons who paid for these services.
4. Organizations carrying out educational activities at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets have the right to provide paid educational services at the expense of individuals and (or) legal entities that are not provided for by the established state or municipal assignment or agreement on the provision of a subsidy for reimbursement of costs under the same conditions for the provision of the same services.
5. The customer’s refusal of the paid educational services offered to him cannot be the reason for a change in the volume and conditions of the educational services already provided to him by the contractor.
6. The Contractor is obliged to provide the customer with the provision of paid educational services in full in accordance with educational programs (part of the educational program) and the terms of the contract.
7. The contractor has the right to reduce the cost of paid educational services under the contract, taking into account the covering of the missing cost of paid educational services at the expense of the contractor’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of the customer and (or) student.
8. An increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
II. Information about paid educational services, the procedure for concluding contracts
9. The Contractor is obliged, before concluding the contract and during the period of its validity, to provide the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.
10. The Contractor is obliged to provide the customer with information containing information about the provision of paid educational services in the manner and volume that are provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On Education in the Russian Federation”.
11. The information provided for in paragraphs 9 and 10 of these Rules is provided by the contractor at the place of actual implementation of educational activities, as well as at the location of the branch of the organization carrying out educational activities.
12. The agreement is concluded in simple written form and contains the following information:
A) full name and company name (if any) of the performer - legal entity; surname, name, patronymic (if any) of the performer - individual entrepreneur;
B) location or place of residence of the performer;
C) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;
D) location or place of residence of the customer;
E) last name, first 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;
E) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);
G) rights, duties and responsibilities of the performer, customer and student;
H) the full cost of educational services, the procedure for their payment;
I) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
K) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);
K) form of training;
M) terms of mastering the educational program (duration of study);
H) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);
O) the procedure for changing and terminating the contract;
P) other necessary information related to the specifics of the paid educational services provided.
13. The agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study (hereinafter referred to as applicants) and students or reduce the level of guarantees provided to them compared to the conditions established by law Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
14. Sample forms of agreements are approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.
15. The information specified in the agreement must correspond to the information posted on the official website of the educational organization on the Internet information and telecommunications network on the date of conclusion of the agreement.
III. Responsibility of the contractor and the customer
16. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the legislation of the Russian Federation.
17. If a lack of paid educational services is detected, including their provision not in full, provided for by 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 proportionate reduction in the cost of paid educational services provided;
C) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.
18. The customer has the right to refuse to fulfill the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.
19. If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out in term, the customer has the right, at his choice:
A) assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;
B) entrust the provision of paid educational services to third parties at a reasonable price and demand that the contractor reimburse the expenses incurred;
C) demand a reduction in the cost of paid educational services;
D) terminate the contract.
20. The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.
21. At the initiative of the contractor, the contract may be terminated unilaterally in the following case:
A) application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;
B) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;
C) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;
D) late payment of the cost of paid educational services;
E) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student.
Government of the Russian Federation dated April 1, 2003 N 181 “On introducing amendments and additions to the Decree of the Government of the Russian Federation dated July 5, 2001 N 505” (Collected Legislation of the Russian Federation, 2003, N 14, Art. 1281);
Decree of the Government of the Russian Federation of December 28, 2005 N 815 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2006, N 1, Art. 156);
Decree of the Government of the Russian Federation of September 15, 2008 N 682 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2008, N 38, Art. 4317).
Rules
provision of paid educational services
(approved by Decree of the Government of the Russian Federation of August 15, 2013 N 706)
With changes and additions from:
I. General provisions
1. These Rules determine the procedure for the provision of paid educational services.
2. Concepts used in these Rules:
“customer” - an individual and (or) legal entity who intends to order or orders paid educational services for himself or other persons on the basis of an agreement;
“performer” - an organization carrying out educational activities and providing paid educational services to students (individual entrepreneurs carrying out educational activities are equated to an organization carrying out educational activities);
"lack of paid educational services"- non-compliance of paid educational services with the mandatory requirements provided for by law or in the manner established by it, or with the terms of the contract (in their absence or incompleteness of the conditions usually presented to the requirements), or for the purposes for which paid educational services are usually used, or for the purposes about which the contractor was informed by the customer at the conclusion of the contract, including their provision not in full, provided for by educational programs (part of the educational program);
“student” - an individual mastering an educational program;
"paid educational services"- carrying out educational activities on assignments and at the expense of individuals and (or) legal entities under educational agreements concluded upon admission to study (hereinafter referred to as the agreement);
"a significant lack of paid educational services"- a fatal defect, or a defect that cannot be eliminated without disproportionate costs or time, or is detected repeatedly, or appears again after its elimination, or other similar deficiencies.
3. Paid educational services cannot be provided in place of educational activities, the financial support of which is provided through budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, and local budgets. Funds received by performers during the provision of such paid educational services are returned to the persons who paid for these services.
4. Organizations carrying out educational activities at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets have the right to provide paid educational services at the expense of individuals and (or) legal entities that are not provided for by the established state or municipal assignment or agreement on the provision of a subsidy for reimbursement of costs under the same conditions for the provision of the same services.
5. The customer’s refusal of the paid educational services offered to him cannot be the reason for a change in the volume and conditions of the educational services already provided to him by the contractor.
6. The Contractor is obliged to provide the customer with the provision of paid educational services in full in accordance with educational programs (part of the educational program) and the terms of the contract.
7. The contractor has the right to reduce the cost of paid educational services under the contract, taking into account the covering of the missing cost of paid educational services at the expense of the contractor’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of the customer and (or) student.
8. An increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
II. Information about paid educational services, the procedure for concluding contracts
9. The Contractor is obliged, before concluding the contract and during the period of its validity, to provide the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.
10. The Contractor is obliged to provide the customer with information containing information about the provision of paid educational services in the manner and volume that are provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On Education in the Russian Federation”.
11. The information provided for in paragraphs 9 and these Rules is provided by the contractor at the place of actual implementation of educational activities, as well as at the location of the branch of the organization carrying out educational activities.
12. The agreement is concluded in simple written form and contains the following information:
a) the full name and company name (if any) of the performer - a legal entity; surname, name, patronymic (if any) of the performer - individual entrepreneur;
b) location or place of residence of the performer;
c) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;
d) location or place of residence of the customer;
e) last name, first 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;
f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);
g) rights, duties and responsibilities of the performer, customer and student;
h) the full cost of educational services, the procedure for their payment;
i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
j) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);
k) form of training;
l) terms of mastering the educational program (duration of study);
m) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);
o) the procedure for changing and terminating the contract;
13. The agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study (hereinafter referred to as applicants) and students or reduce the level of guarantees provided to them compared to the conditions established by law Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
14. Sample forms of education agreements for the main general education programs, educational programs of secondary vocational education, additional general education programs are approved by the Ministry of Education of the Russian Federation.
Sample forms of education agreements for educational programs higher education approved by the Ministry of Science and Higher Education of the Russian Federation.
Sample forms of additional education agreements professional programs approved by the Ministry of Science and Higher Education of the Russian Federation in agreement with the Ministry of Education of the Russian Federation.
15. The information specified in the agreement must correspond to the information posted on the official website of the educational organization on the Internet information and telecommunications network on the date of conclusion of the agreement.
III. Responsibility of the contractor and the customer
16. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the legislation of the Russian Federation.
17. If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:
a) provision of educational services free of charge;
b) a proportionate reduction in the cost of paid educational services provided;
c) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.
18. The customer has the right to refuse to fulfill the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.
19. If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out in term, the customer has the right, at his choice:
a) assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;
b) entrust the provision of paid educational services to third parties at a reasonable price and demand reimbursement of expenses incurred from the contractor;
c) demand a reduction in the cost of paid educational services;
d) terminate the contract.
20. The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.
21. At the initiative of the contractor, the contract may be terminated unilaterally in the following case:
a) application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;
b) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;
c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;
d) late payment of the cost of paid educational services;
e) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student.
“On approval of the Rules for the provision of paid educational services” (Collection of Legislation of the Russian Federation, 2001, No. 29, Art. 3016);
dated April 1, 2003 N 181 “On introducing amendments and additions to the Decree of the Government of the Russian Federation dated July 5, 2001 N 505” (Collected Legislation of the Russian Federation, 2003, N 14, Art. 1281);
Decree of the Government of the Russian Federation of December 28, 2005 N 815 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2006, N 1, Art. 156);
Decree of the Government of the Russian Federation of September 15, 2008 N 682 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2008, N 38, Art. 4317).
Chairman of the Government
Russian Federation
D. MEDVEDEV
Approved
Government resolution
Russian Federation
dated August 15, 2013 N 706
RULES FOR PROVIDING PAID EDUCATIONAL SERVICES
dated November 29, 2018 N 1439)
I. General provisions
1. These Rules determine the procedure for the provision of paid educational services.
2. Concepts used in these Rules:
“customer” - an individual and (or) legal entity who intends to order or orders paid educational services for himself or other persons on the basis of an agreement;
“performer” - an organization carrying out educational activities and providing paid educational services to students (individual entrepreneurs carrying out educational activities are equated to an organization carrying out educational activities);
“lack of paid educational services” - non-compliance of paid educational services with either the mandatory requirements provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or the purposes for which paid educational services are usually used, or the purposes of which the contractor was informed by the customer when concluding the contract, including their provision not to the full extent provided for by educational programs (part of the educational program);
“student” - an individual mastering an educational program;
“paid educational services” - the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under educational agreements concluded upon admission to study (hereinafter referred to as the agreement);
“a significant deficiency in paid educational services” is an irreparable deficiency, or a deficiency that cannot be eliminated without disproportionate costs or time, or is identified repeatedly, or appears again after its elimination, or other similar deficiencies.
3. Paid educational services cannot be provided in place of educational activities, the financial support of which is provided through budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, and local budgets. Funds received by performers during the provision of such paid educational services are returned to the persons who paid for these services.
4. Organizations carrying out educational activities at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets have the right to provide paid educational services at the expense of individuals and (or) legal entities that are not provided for by the established state or municipal assignment or agreement on the provision of a subsidy for reimbursement of costs under the same conditions for the provision of the same services.
5. The customer’s refusal of the paid educational services offered to him cannot be the reason for a change in the volume and conditions of the educational services already provided to him by the contractor.
6. The Contractor is obliged to provide the customer with the provision of paid educational services in full in accordance with educational programs (part of the educational program) and the terms of the contract.
7. The contractor has the right to reduce the cost of paid educational services under the contract, taking into account covering the missing cost of paid educational services at the expense of the contractor’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of the customer and (or) student.
8. An increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
II. Information about paid educational services, the procedure for concluding contracts
9. The Contractor is obliged, before concluding the contract and during the period of its validity, to provide the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.
10. The Contractor is obliged to provide the customer with information containing information about the provision of paid educational services in the manner and volume that are provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On Education in the Russian Federation”.
11. The information provided for in paragraphs 9 and 10 of these Rules is provided by the contractor at the place of actual implementation of educational activities, as well as at the location of the branch of the organization carrying out educational activities.
12. The agreement is concluded in simple written form and contains the following information:
a) the full name and company name (if any) of the performer - a legal entity; surname, name, patronymic (if any) of the performer - individual entrepreneur;
b) location or place of residence of the performer;
c) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;
d) location or place of residence of the customer;
e) last name, first 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;
f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);
g) rights, duties and responsibilities of the performer, customer and student;
h) the full cost of educational services, the procedure for their payment;
i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);
j) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);
k) form of training;
l) terms of mastering the educational program (duration of study);
m) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);
o) the procedure for changing and terminating the contract;
o) other necessary information related to the specifics of the paid educational services provided.
13. The agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study (hereinafter referred to as applicants) and students or reduce the level of guarantees provided to them compared to the conditions established by law Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.
14. Sample forms of education agreements for basic general education programs, educational programs of secondary vocational education, additional general education programs are approved by the Ministry of Education of the Russian Federation. (as amended by Decree of the Government of the Russian Federation dated November 29, 2018 N 1439)
Sample forms of educational agreements for higher education programs are approved by the Ministry of Science and Higher Education of the Russian Federation. (as amended by Decree of the Government of the Russian Federation dated November 29, 2018 N 1439)
Sample forms of educational agreements for additional professional programs are approved by the Ministry of Science and Higher Education of the Russian Federation in agreement with the Ministry of Education of the Russian Federation. (as amended by Decree of the Government of the Russian Federation dated November 29, 2018 N 1439)
15. The information specified in the agreement must correspond to the information posted on the official website of the educational organization on the Internet information and telecommunications network on the date of conclusion of the agreement.
III. Responsibility of the contractor and the customer
16. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the legislation of the Russian Federation.
17. If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:
a) provision of educational services free of charge;
b) a proportionate reduction in the cost of paid educational services provided;
c) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.
18. The customer has the right to refuse to fulfill the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.
19. If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out in term, the customer has the right, at his choice:
a) assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;
b) entrust the provision of paid educational services to third parties at a reasonable price and demand reimbursement of expenses incurred from the contractor;
c) demand a reduction in the cost of paid educational services;
d) terminate the contract.
20. The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.
21. At the initiative of the contractor, the contract may be terminated unilaterally in the following case:
a) application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;
b) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;
c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;
d) late payment of the cost of paid educational services;
e) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student.
GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION dated August 15, 2013 N 706 MOSCOW On approval of the Rules for the provision of paideducational servicesIn accordance with Part 9 of Article 54 of the Federal Law, the Government of the Russian Federation decides:1. Approve the attached Rules for the provision of paid educational services.2. To recognize as invalid:dated July 5, 2001 N 505 “On approval of the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2001, N 29, Art. 3016);Decree of the Government of the Russian Federation dated April 1, 2003 N 181 “On introducing amendments and additions to the Decree of the Government of the Russian Federation dated July 5, 2001 N 505” (Collected Legislation of the Russian Federation, 2003, N 14, Art. 1281);Decree of the Government of the Russian Federation of December 28, 2005 N 815 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2006, N 1, Art. 156);Decree of the Government of the Russian Federation of September 15, 2008 N 682 “On amendments to the Rules for the provision of paid educational services” (Collected Legislation of the Russian Federation, 2008, N 38, Art. 4317).3. This resolution comes into force on September 1, 2013.Chairman of the GovernmentRussian Federation D. Medvedev __________________________ APPROVED Government resolutionRussian Federationdated August 15, 2013 N 706 RULES provision of paid educational servicesI. General provisions1. These Rules determine the procedure for the provision of paid educational services.2. Concepts used in these Rules:“customer” - an individual and (or) legal entity who intends to order or orders paid educational services for himself or other persons on the basis of an agreement;“performer” - an organization carrying out educational activities and providing paid educational services to students (individual entrepreneurs carrying out educational activities are equated to an organization carrying out educational activities);“lack of paid educational services” - non-compliance of paid educational services with either the mandatory requirements provided for by law or in the manner established by it, or the terms of the contract (in their absence or incompleteness of the conditions usually imposed on the requirements), or the purposes for which paid educational services are usually used, or the purposes of which the contractor was informed by the customer when concluding the contract, including their provision not to the full extent provided for by educational programs (part of the educational program);“student” - an individual mastering an educational program;“paid educational services” - the implementation of educational activities on assignments and at the expense of individuals and (or) legal entities under educational agreements concluded upon admission to study (hereinafter referred to as the agreement);“a significant deficiency in paid educational services” is an irreparable deficiency, or a deficiency that cannot be eliminated without disproportionate costs or time, or is identified repeatedly, or appears again after its elimination, or other similar deficiencies.3. Paid educational services cannot be provided in place of educational activities, the financial support of which is provided through budgetary allocations from the federal budget, budgets of constituent entities of the Russian Federation, and local budgets. Funds received by performers during the provision of such paid educational services are returned to the persons who paid for these services.4. Organizations carrying out educational activities at the expense of budgetary allocations of the federal budget, budgets of constituent entities of the Russian Federation, local budgets have the right to provide paid educational services at the expense of individuals and (or) legal entities that are not provided for by the established state or municipal assignment or agreement on the provision of a subsidy for reimbursement of costs under the same conditions for the provision of the same services.5. The customer’s refusal of the paid educational services offered to him cannot be the reason for a change in the volume and conditions of the educational services already provided to him by the contractor.6. The Contractor is obliged to provide the customer with the provision of paid educational services in full in accordance with educational programs (part of the educational program) and the terms of the contract.7. The contractor has the right to reduce the cost of paid educational services under the contract, taking into account the covering of the missing cost of paid educational services at the expense of the contractor’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of the customer and (or) student.8. An increase in the cost of paid educational services after the conclusion of an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.II. Information about paid educational services,procedure for concluding contracts9. The Contractor is obliged, before concluding the contract and during the period of its validity, to provide the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.10. The Contractor is obliged to provide the customer with information containing information about the provision of paid educational services in the manner and volume that are provided for by the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On Education in the Russian Federation”.11. The information provided for in paragraphs 9 and 10 of these Rules is provided by the contractor at the place of actual implementation of educational activities, as well as at the location of the branch of the organization carrying out educational activities.12. The agreement is concluded in simple written form and contains the following information:a) the full name and company name (if any) of the performer - a legal entity; surname, name, patronymic (if any) of the performer - individual entrepreneur;b) location or place of residence of the performer;c) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;d) location or place of residence of the customer;e) last name, first 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;f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);g) rights, duties and responsibilities of the performer, customer and student;h) the full cost of educational services, the procedure for their payment;i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);j) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);k) form of training;l) terms of mastering the educational program (duration of study);m) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);o) the procedure for changing and terminating the contract;o) other necessary information related to the specifics of the paid educational services provided.13. The agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study (hereinafter referred to as applicants) and students or reduce the level of guarantees provided to them compared to the conditions established by law Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.14. Sample forms of agreements are approved by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.15. The information specified in the agreement must correspond to the information posted on the official website of the educational organization on the Internet information and telecommunications network on the date of conclusion of the agreement.III. Responsibility of the contractor and the customer16. For non-fulfillment or improper fulfillment of obligations under the contract, the contractor and the customer bear responsibility under the contract and the legislation of the Russian Federation.17. If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:a) provision of educational services free of charge;b) a proportionate reduction in the cost of paid educational services provided;c) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.18. The customer has the right to refuse to fulfill the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.19. If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out in term, the customer has the right, at his choice:a) assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;b) entrust the provision of paid educational services to third parties at a reasonable price and demand reimbursement of expenses incurred from the contractor;c) demand a reduction in the cost of paid educational services;d) terminate the contract.20. The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.21. At the initiative of the contractor, the contract may be terminated unilaterally in the following case:a) application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;b) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;d) late payment of the cost of paid educational services;e) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student. ____________