Article 10. Structure of the education system
1. The education system includes:
1) federal state educational standards and federal state requirements, educational standards, educational programs of various types, levels and (or) orientations;
2) organizations carrying out educational activities, teaching staff, students and parents (legal representatives) of minor students;
3) federal state bodies and government bodies of the constituent entities of the Russian Federation, exercising public administration in the field of education, and local government bodies, exercising management in the field of education, advisory, advisory and other bodies created by them;
4) organizations providing educational activities, assessing the quality of education;
5) associations of legal entities, employers and their associations, public associations operating in the field of education.
2. Education is divided into general education, vocational education, additional education and vocational training, ensuring the possibility of realizing the right to education throughout life (lifelong education).
3. General education and vocational education are implemented according to educational levels.
4. In the Russian Federation, the following levels of general education are established:
1) preschool education;
2) primary general education;
3) basic general education;
4) secondary general education.
5. The following levels of professional education are established in the Russian Federation:
1) secondary vocational education;
2) higher education - bachelor's degree;
3) higher education - specialty, master's degree;
4) higher education - training of highly qualified personnel.
6. Additional education includes such subtypes as additional education for children and adults and additional vocational education.
7. The education system creates conditions for lifelong education through the implementation of basic educational programs and various additional educational programs, providing the opportunity to simultaneously master several educational programs, as well as taking into account existing education, qualifications, and practical experience when receiving education.
Article 11. Federal state educational standards and federal state requirements. Educational standards
1. Federal state educational standards and federal state requirements provide:
1) the unity of the educational space of the Russian Federation;
2) continuity of basic educational programs;
3) variability in the content of educational programs at the appropriate level of education, the possibility of creating educational programs of various levels of complexity and focus, taking into account the educational needs and abilities of students;
4) state guarantees of the level and quality of education based on the unity of mandatory requirements for the conditions for the implementation of basic educational programs and the results of their development.
2. Federal state educational standards, with the exception of the federal state educational standard for preschool education, educational standards are the basis for an objective assessment of compliance with the established requirements of educational activities and training of students who have mastered educational programs of the appropriate level and appropriate focus, regardless of the form of education and form of training.
3. Federal state educational standards include requirements for:
1) the structure of the main educational programs (including the ratio of the compulsory part of the main educational program and the part formed by participants in educational relations) and their volume;
2) conditions for the implementation of basic educational programs, including personnel, financial, material, technical and other conditions;
3) the results of mastering basic educational programs.
4. Federal state educational standards establish terms for obtaining general education and vocational education, taking into account various forms of education, educational technologies and the characteristics of individual categories of students.
5. Federal state educational standards for general education are developed according to levels of education; federal state educational standards for vocational education can also be developed according to professions, specialties and areas of training at the corresponding levels of vocational education.
5.1.
Federal state educational standards for preschool, primary general and basic general education provide the opportunity to receive education in native languages from among the languages of the peoples of the Russian Federation, study the state languages of the republics of the Russian Federation, native languages from among the languages of the peoples of the Russian Federation, including Russian as a native language .
(Part 5.1 introduced by Federal Law dated August 3, 2018 No. 317-FZ)
6. In order to ensure the realization of the right to education of students with disabilities, federal state educational standards for the education of these persons are established or special requirements are included in the federal state educational standards.
7.
The formation of the requirements of federal state educational standards of vocational education for the results of mastering the main educational programs of vocational education in terms of professional competence is carried out on the basis of relevant professional standards (if any).
(Part 7 as amended by Federal Law dated May 2, 2015 No. 122-FZ)
8.
Lists of professions and specialties of secondary vocational education, indicating the qualifications assigned to the corresponding professions and specialties of secondary vocational education, the procedure for the formation of these lists are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education. Lists of specialties and areas of higher education training, indicating the qualifications assigned to the relevant specialties and areas of higher education training, the procedure for the formation of these lists are approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education. When approving new lists of professions, specialties and areas of training depending on the level of education, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education, or the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, the correspondence of the individual professions, specialties and areas of training indicated in these lists with the professions, specialties and areas of training indicated in the previous lists of professions, specialties and areas of training can be established.
9. The procedure for developing, approving federal state educational standards and introducing amendments to them is established by the Government of the Russian Federation.
10. Moscow State University named after M.V. Lomonosov, St. Petersburg State University, educational organizations of higher education in respect of which the category “federal university” or “national research university” has been established, as well as federal state educational organizations of higher education, the list of which is approved by decree of the President of the Russian Federation, have the right to develop and approve independent educational standards at all levels of higher education. Requirements for the conditions for the implementation and results of mastering educational programs of higher education, included in such educational standards, cannot be lower than the corresponding requirements of federal state educational standards.
Article 12. Educational programs
1. Educational programs determine the content of education. The content of education should promote mutual understanding and cooperation between people and peoples, regardless of racial, national, ethnic, religious and social affiliation, take into account the diversity of ideological approaches, promote the realization of the students' right to free choice of opinions and beliefs, ensure the development of the abilities of each person, the formation and development of his individuals in accordance with the spiritual, moral and sociocultural values accepted in the family and society. The content of vocational education and vocational training must provide qualifications.
2. In the Russian Federation, basic educational programs are implemented at the levels of general and vocational education, vocational training, and additional educational programs for additional education.
3. The main educational programs include:
1) basic general education programs - educational programs of preschool education, educational programs of primary general education, educational programs of basic general education, educational programs of secondary general education;
2) basic professional educational programs:
a) educational programs of secondary vocational education - training programs for qualified workers, employees, training programs for mid-level specialists;
b) educational programs of higher education - bachelor's programs, specialty programs, master's programs, training programs for scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs, assistantship-internship programs;
3) basic vocational training programs - vocational training programs for blue-collar professions, white-collar positions, retraining programs for blue-collar workers, white-collar workers, advanced training programs for blue-collar workers, white-collar workers.
4. Additional educational programs include:
1) additional general education programs - additional general developmental programs, additional pre-professional programs;
2) additional professional programs - advanced training programs, professional retraining programs.
5. Educational programs are independently developed and approved by the organization carrying out educational activities, unless otherwise established by this Federal Law.
6. Educational programs of preschool education are developed and approved by the organization carrying out educational activities in accordance with the federal state educational standard of preschool education and taking into account the corresponding exemplary educational programs of preschool education.
7. Organizations carrying out educational activities according to educational programs that have state accreditation (with the exception of educational programs of higher education implemented on the basis of educational standards approved by educational organizations of higher education independently), develop educational programs in accordance with federal state educational standards and taking into account the corresponding approximate basic educational programs.
8. Educational organizations of higher education, which in accordance with this Federal Law have the right to independently develop and approve educational standards, develop appropriate educational programs of higher education on the basis of such educational standards.
9. Approximate basic educational programs are developed taking into account their level and focus on the basis of federal state educational standards, unless otherwise established by this Federal Law.
10. Based on the results of the examination, exemplary basic educational programs are included in the register of exemplary basic educational programs, which is a state information system. The information contained in the register of exemplary basic educational programs is publicly available.
11.
The procedure for developing exemplary basic general education programs, educational programs of secondary vocational education, conducting their examination and maintaining a register of these exemplary basic educational programs, features of the development, conducting examination and inclusion in such a register of exemplary basic educational programs of secondary vocational education containing information constituting a state secret, and exemplary basic educational programs of secondary vocational education in the field of information security, as well as organizations that are granted the right to maintain a register of exemplary basic general education programs, educational programs of secondary vocational education, are established by the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of general education, unless otherwise established by this Federal Law. The procedure for developing exemplary basic educational programs of higher education, conducting their examination and maintaining a register of exemplary basic educational programs of higher education, features of the development, conducting examination and inclusion in such a register of exemplary basic educational programs of higher education containing information constituting a state secret, and approximate basic educational programs higher education programs in the field of information security, as well as organizations that are granted the right to maintain a register of exemplary basic educational programs of higher education, are established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, unless otherwise not established by this Federal Law.
12. Authorized government bodies of the constituent entities of the Russian Federation are involved in the examination of approximate basic general education programs, taking into account their level and focus (in terms of taking into account regional, national and ethnocultural characteristics).
13.
The development of exemplary programs for the training of scientific and pedagogical personnel in postgraduate study is provided by federal executive authorities and federal state bodies in which the legislation of the Russian Federation provides for military or other equivalent service, service in internal affairs bodies, service in the troops of the National Guard of the Russian Federation, exemplary programs internship assistantships - a federal executive body that carries out the functions of developing state policy and legal regulation in the field of culture, exemplary residency programs - a federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of healthcare.
(as amended by Federal Laws dated 06/04/2014 No. 145-FZ, dated 07/03/2016 No. 227-FZ, dated 07/03/2016 No. 305-FZ, dated 07/26/2019 No. 232-FZ)
14. Authorized federal government bodies, in cases established by this Federal Law, develop and approve exemplary additional professional programs or standard additional professional programs, in accordance with which organizations carrying out educational activities develop corresponding additional professional programs.
15. Authorized federal state bodies, in cases established by this Federal Law and other federal laws, develop and approve exemplary vocational training programs or standard vocational training programs, in accordance with which organizations carrying out educational activities develop appropriate vocational training programs.
Article 13. General requirements for the implementation of educational programs
1. Educational programs are implemented by the organization carrying out educational activities, both independently and through network forms of their implementation.
2. When implementing educational programs, various educational technologies are used, including distance learning technologies and e-learning.
3. When implementing educational programs by an organization carrying out educational activities, a form of organizing educational activities may be used, based on the modular principle of presenting the content of the educational program and constructing curricula, and using appropriate educational technologies.
4. To determine the structure of professional educational programs and the labor intensity of their development, a credit system can be used. A credit unit is a unified unit of measurement of the labor intensity of a student’s academic workload, which includes all types of his educational activities provided for by the curriculum (including classroom and independent work), practice.
5. The number of credit units in the main professional educational program for a specific profession, specialty or area of training is established by the relevant federal state educational standard, educational standard. The number of credit units for an additional professional program is established by the organization carrying out educational activities.
6. Basic professional educational programs provide for practical training for students.
7. The organization of practical training provided for by the educational program is carried out by organizations carrying out educational activities on the basis of agreements with organizations carrying out activities under the educational program of the relevant profile. The internship can be carried out directly in an organization carrying out educational activities.
8.
The regulations on the practice of students mastering educational programs of secondary vocational education, and its types, are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of general education. The regulations on the practice of students mastering educational programs of higher education, and its types, are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of higher education.
(Part 8 as amended by Federal Law No. 232-FZ dated July 26, 2019)
9. The use of methods and means of training and education, educational technologies that are harmful to the physical or mental health of students in the implementation of educational programs is prohibited.
10. Federal state bodies, government bodies of constituent entities of the Russian Federation exercising public administration in the field of education, local government bodies exercising management in the field of education do not have the right to change the curriculum and calendar training schedule of organizations carrying out educational activities.
11.
The procedure for organizing and implementing educational activities in basic general education programs, educational programs of secondary vocational education, basic vocational training programs and additional general education programs is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education, if otherwise is not established by this Federal Law. The procedure for organizing and carrying out educational activities under educational programs of higher education is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, unless otherwise established by this Federal Law. The procedure for organizing and carrying out educational activities in additional professional programs is established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal executive body, carrying out the functions of developing and implementing state policy. and legal regulation in the field of general education, unless otherwise established by this Federal Law.
(Part 11 as amended by Federal Law No. 232-FZ dated July 26, 2019)
Article 14. Language of education
1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as the choice of language of education and upbringing within the limits of the possibilities provided by the education system.
2. In educational organizations, educational activities are carried out in the state language of the Russian Federation, unless otherwise established by this article. Teaching and learning of the state language of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards and educational standards.
3. In state and municipal educational organizations located on the territory of the republic of the Russian Federation, teaching and learning of the state languages of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and studying the state languages of the republics of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards and educational standards. The teaching and study of the state languages of the republics of the Russian Federation should not be carried out to the detriment of the teaching and study of the state language of the Russian Federation.
4.
Citizens of the Russian Federation have the right to receive preschool, primary general and basic general education in their native language from among the languages of the peoples of the Russian Federation, as well as the right to study their native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within opportunities provided by the education system, in the manner established by the legislation on education. The implementation of these rights is ensured by the creation of the required number of relevant educational organizations, classes, groups, as well as conditions for their functioning. Teaching and studying the native language from among the languages of the peoples of the Russian Federation, including the Russian language as a native language, within the framework of educational programs that have state accreditation are carried out in accordance with federal state educational standards and educational standards.
5. Education can be obtained in a foreign language in accordance with the educational program and in the manner established by the legislation on education and local regulations of the organization carrying out educational activities.
6.
The language and languages of education are determined by local regulations of the organization carrying out educational activities according to the educational programs it implements, in accordance with the legislation of the Russian Federation. Free choice of language of education, studied native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, state languages of the republics of the Russian Federation is carried out upon applications of parents (legal representatives) of minor students upon admission (transfer) to study in preschool educational programs education, educational programs of primary general and basic general education with state accreditation.
(as amended by Federal Law No. 317-FZ dated August 3, 2018)
Article 15. Network form of implementation of educational programs
1. The network form of implementation of educational programs (hereinafter referred to as the network form) provides the opportunity for students to master an educational program using the resources of several organizations engaged in educational activities, including foreign ones, and also, if necessary, using the resources of other organizations. In the implementation of educational programs using a network form, along with organizations carrying out educational activities, scientific organizations, medical organizations, cultural organizations, physical education, sports and other organizations that have the resources necessary to carry out training, conduct educational and practical training and implement other types of educational activities provided for by the relevant educational program.
2. The use of the network form of implementation of educational programs is carried out on the basis of an agreement between the organizations specified in part 1 of this article. To organize the implementation of educational programs using a network form by several organizations engaged in educational activities, such organizations also jointly develop and approve educational programs.
3. The agreement on the network form of implementation of educational programs specifies:
1) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and focus), implemented using a network form;
2) the status of students in the organizations specified in part 1 of this article, the rules for admission to study in an educational program implemented using an online form, the procedure for organizing academic mobility of students (for students in basic professional educational programs) mastering an educational program implemented using network form;
3) the conditions and procedure for carrying out educational activities under an educational program implemented through a network form, including the distribution of responsibilities between the organizations specified in part 1 of this article, the procedure for implementing the educational program, the nature and volume of resources used by each organization implementing educational programs through network form;
4) issued document or documents on education and (or) qualifications, document or documents on training, as well as organizations carrying out educational activities that issue these documents;
5) the duration of the agreement, the procedure for its amendment and termination.
Article 16. Implementation of educational programs using e-learning and distance learning technologies
1. E-learning is understood as the organization of educational activities using information contained in databases and used in the implementation of educational programs and information technologies, technical means that ensure its processing, as well as information and telecommunication networks that ensure the transmission of this information via communication lines, the interaction of students and teaching staff . Distance educational technologies are understood as educational technologies implemented mainly using information and telecommunication networks with indirect (at a distance) interaction between students and teaching staff.
2.
Organizations carrying out educational activities have the right to use e-learning, distance educational technologies in the implementation of educational programs in the manner established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal body executive power, which carries out the functions of developing and implementing state policy and legal regulation in the field of general education.
3.
When implementing educational programs using exclusively e-learning, distance learning technologies, in an organization carrying out educational activities, conditions must be created for the functioning of an electronic information and educational environment, including electronic information resources, electronic educational resources, a set of information technologies, telecommunication technologies, appropriate technological means and ensuring that students master educational programs in full, regardless of the location of the students. The list of professions and specialties of secondary vocational education, the implementation of educational programs for which is not allowed using exclusively e-learning and distance learning technologies, is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of general education. The list of specialties and areas of higher education training, the implementation of educational programs for which is not allowed using exclusively e-learning and distance learning technologies, is approved by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education.
(as amended by Federal Law No. 232-FZ dated July 26, 2019)
4. When implementing educational programs using e-learning and distance learning technologies, the place of implementation of educational activities is the location of the organization carrying out educational activities or its branch, regardless of the location of the students.
5. When implementing educational programs using e-learning, distance learning technologies, the organization carrying out educational activities ensures the protection of information that constitutes a state or other secret protected by law.
Article 17. Forms of education and forms of training
1. In the Russian Federation, education can be obtained:
1) in organizations carrying out educational activities;
2) outside organizations carrying out educational activities (in the form of family education and self-education).
2. Training in organizations engaged in educational activities, taking into account the needs, capabilities of the individual and depending on the volume of compulsory activities of the teacher with students, is carried out in full-time, part-time or correspondence form.
3. Education in the form of family education and self-education is carried out with the right to subsequently pass, in accordance with Part 3 of Article 34 of this Federal Law, intermediate and state final certification in organizations engaged in educational activities.
4. A combination of various forms of education and forms of training is allowed.
5. Forms of education and forms of training in the main educational program for each level of education, profession, specialty and area of training are determined by the relevant federal state educational standards, educational standards, unless otherwise established by this Federal Law. Forms of training for additional educational programs and basic vocational training programs are determined by the organization carrying out educational activities independently, unless otherwise established by the legislation of the Russian Federation.
Article 18. Printed and electronic educational and information resources
1. In organizations carrying out educational activities, in order to ensure the implementation of educational programs, libraries are formed, including digital (electronic) libraries that provide access to professional databases, information reference and search systems, as well as other information resources. The library fund must be equipped with printed and (or) electronic educational publications (including textbooks and teaching aids), methodological and periodicals on all academic subjects, courses, disciplines (modules) included in the implemented basic educational programs.
2. The standards for the provision of educational activities with educational publications per student in the main educational program are established by the relevant federal state educational standards.
3. Educational publications used in the implementation of educational programs for preschool education are determined by the organization carrying out educational activities, taking into account the requirements of federal state educational standards, as well as exemplary educational programs for preschool education and exemplary educational programs for primary general education.
4. Organizations carrying out educational activities according to state accredited educational programs of primary general, basic general, secondary general education, for use in the implementation of these educational programs choose:
1) textbooks from those included in the federal list of textbooks recommended for use in the implementation of educational programs of primary general, basic general, and secondary general education that have state accreditation;
2) teaching aids issued by organizations included in the list of organizations that produce teaching aids that are allowed for use in the implementation of educational programs of primary general, basic general, secondary general education that have state accreditation.
5. The federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education by organizations engaged in educational activities includes lists of textbooks recommended for use in the implementation of the mandatory part of the basic educational program and the part formed by participants educational relations, including textbooks that take into account the regional and ethnocultural characteristics of the constituent entities of the Russian Federation, the implementation of the rights of citizens to receive education in their native language from among the languages of the peoples of the Russian Federation and the study of their native language from among the languages of the peoples of the Russian Federation and literature of the peoples of Russia in their native language .
6. Textbooks are included in the federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, and secondary general education, based on the results of the examination. Participate in carrying out this examination of textbooks in order to ensure that the regional and ethnocultural characteristics of the constituent entities of the Russian Federation are taken into account, the realization of the rights of citizens to receive education in their native language from among the languages of the peoples of the Russian Federation and the study of their native language from among the languages of the peoples of the Russian Federation and the literature of the peoples of Russia in their native language authorized government bodies of the constituent entities of the Russian Federation.
7.
The procedure for the formation of a federal list of textbooks recommended for use in the implementation of state-accredited educational programs of primary general, basic general, secondary general education, including the criteria and procedure for conducting an examination, the form of an expert opinion, as well as the grounds and procedure for excluding textbooks from the specified federal list are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of general education.
(as amended by Federal Law No. 232-FZ dated July 26, 2019)
8.
The procedure for selecting organizations that produce textbooks that are allowed to be used in the implementation of educational programs of primary general, basic general, and secondary general education that have state accreditation, the list of such organizations is approved by the federal executive body that carries out the functions of developing and implementing state policy and regulatory legal regulation in the field of general education. Authorized government bodies of the constituent entities of the Russian Federation participate in the selection of organizations that produce textbooks in the native language from among the languages of the peoples of the Russian Federation and literature of the peoples of Russia in their native language.
(as amended by Federal Law No. 232-FZ dated July 26, 2019)
9. When implementing professional educational programs, educational publications are used, including electronic ones, determined by the organization carrying out educational activities.
Article 19. Scientific, methodological and resource support for the education system
1. In the education system, in accordance with the legislation of the Russian Federation, scientific research organizations and design organizations, design bureaus, educational and experimental farms, experimental stations, as well as organizations carrying out scientific and methodological, methodological, resource and information -technological support of educational activities and management of the education system, assessment of the quality of education.
2. In order to participate in teaching, research, and employer representatives in the development of federal state educational standards, exemplary educational programs, coordination of the actions of organizations engaged in educational activities, in ensuring the quality and development of the content of education in the education system, educational and methodological associations may be created.
3.
Educational and methodological associations in the education system are created by federal executive authorities and executive authorities of constituent entities of the Russian Federation that carry out public administration in the field of education, and carry out their activities in accordance with the provisions approved by these authorities. Model regulations on educational and methodological associations in the system of general education and secondary vocational education are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of general education. The standard regulations on educational and methodological associations in the higher education system are approved by the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of higher education.
(as amended by Federal Law No. 232-FZ dated July 26, 2019)
4. Educational and methodological associations on a voluntary basis include teaching staff, researchers and other employees of organizations engaged in educational activities and other organizations operating in the education system, including representatives of employers.
Article 20. Experimental and innovative activities in the field of education
1. Experimental and innovative activities in the field of education are carried out in order to ensure the modernization and development of the education system, taking into account the main directions of socio-economic development of the Russian Federation, the implementation of priority directions of the state policy of the Russian Federation in the field of education.
2. Experimental activities are aimed at the development, testing and implementation of new educational technologies, educational resources and are carried out in the form of experiments, the procedure and conditions for which are determined by the Government of the Russian Federation.
3. Innovative activities are focused on improving scientific-pedagogical, educational-methodological, organizational, legal, financial-economic, personnel, material and technical support of the education system and are carried out in the form of the implementation of innovative projects and programs by organizations carrying out educational activities and others operating in the field of education organizations, as well as their associations. When implementing an innovative project or program, the rights and legitimate interests of participants in educational relations must be ensured, the provision and receipt of education, the level and quality of which cannot be lower than the requirements established by the federal state educational standard, federal state requirements, and educational standards.
4.
In order to create conditions for the implementation of innovative projects and programs that are essential for ensuring the development of the education system, the organizations specified in part 3 of this article and implementing the specified innovative projects and programs are recognized as federal or regional innovation platforms and constitute the innovation infrastructure in the education system. The procedure for the formation and functioning of innovation infrastructure in the education system (including the procedure for recognizing an organization as a federal innovation platform) is established by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of higher education, in agreement with the federal executive body authorities carrying out the functions of developing and implementing state policy and legal regulation in the field of general education. The list of federal innovation platforms is established by the federal executive body, which carries out the functions of developing and implementing state policy and legal regulation in the field of general education, and the federal executive body, performing the functions of developing and implementing state policy and legal regulation in the field of higher education. education, in accordance with the established scope of competence. The procedure for recognizing organizations as regional innovation platforms is established by government authorities of the constituent entities of the Russian Federation.
(Part 4 as amended by Federal Law No. 232-FZ dated July 26, 2019)
5. Federal government bodies and government bodies of the constituent entities of the Russian Federation that carry out public administration in the field of education, within the framework of their powers, create conditions for the implementation of innovative educational projects, programs and the implementation of their results in practice.
1. The Russian Federation is a secular state. No religion can be established as state or compulsory.
2. Religious associations are separated from the state and are equal before the law.
Commentary on Article 14 of the Constitution of the Russian Federation
1. A state is considered secular in which there is no official, state religion and no creed is recognized as mandatory or preferable. In such a state, religion, its canons and dogmas, as well as religious associations operating in it, do not have the right to influence the state system, the activities of state bodies and their officials, the public education system and other areas of state activity. The secular nature of the state is ensured, as a rule, by the separation of the church (religious associations) from the state and the secular nature of public education (separation of the school from the church). This form of relationship between the state and the church has been established with varying degrees of consistency in a number of countries (USA, France, Poland, etc.).
In the modern world, there are states where an official religion is legalized, called the state, dominant or national. For example, in England such a religion is one of the main directions of Christianity - Protestantism (Anglican Church), in Israel - Judaism. There are states where the equality of all religions is proclaimed (Germany, Italy, Japan, etc.). However, in such a state, one of the most traditional religions, as a rule, enjoys certain privileges and has a certain influence on its life.
The opposite of a secular state is a theocratic state, in which state power belongs to the church hierarchy. Such a state today is the Vatican.
There are also a number of clerical states in the world. The clerical state is not merged with the church. However, the church, through the institutions established by law, has a decisive influence on public policy, and school education compulsorily includes the study of church dogmas. Such a state is, for example, Iran.
2. As a secular state, the Russian Federation is characterized by the fact that in it religious associations are separated from the state and no religion can be established as state or compulsory. The content of this provision is revealed by Art. 4 of the Law on Freedom of Conscience and Religious Associations, which states that religious associations are equal before the law.
The separation of religious associations from the state means that the state does not interfere in a citizen’s determination of his attitude to religion and religious affiliation, in the upbringing of children by parents or persons replacing them, in accordance with their convictions and taking into account the child’s right to freedom of conscience and freedom of religion. The state does not assign to religious associations the performance of functions of state authorities, other state bodies, state institutions and local government bodies; does not interfere with the activities of religious associations unless they contradict the law; ensures the secular nature of education in state and municipal educational institutions. The activities of state authorities and local governments cannot be accompanied by public religious rites and ceremonies. Officials of state authorities, other state bodies and local self-government bodies, as well as military personnel, do not have the right to use their official position to form one or another attitude towards religion.
At the same time, the state protects the legal activities of religious associations. It regulates the provision of tax and other benefits to religious organizations, provides financial, material and other assistance to religious organizations in the restoration, maintenance and protection of buildings and objects that are monuments of cultural history, as well as in ensuring the teaching of general education disciplines in educational institutions created by religious organizations in accordance with with the legislation of the Russian Federation on education.
In accordance with the constitutional principle of separation of religious associations from the state, a religious association is established and operates in accordance with its own hierarchical and institutional structure, selecting, appointing and replacing its personnel according to its own regulations. It does not perform the functions of state authorities, other state bodies, state institutions and local self-government bodies, does not participate in elections to state authorities and local self-government bodies, does not participate in the activities of political parties and political movements, and does not provide them with material or other assistance. In the Russian Federation, as a democratic and secular state, a religious association cannot replace a political party; it is supra-party and non-political. But this does not mean that the clergy cannot be elected to state authorities and local governments at all. However, clergy are elected to these bodies not from religious associations and not as representatives of the respective church.
The principle of a secular state, as understood in countries with a mono-confessional and mono-national structure of society and with developed traditions of religious tolerance and pluralism, allows political parties based on the ideology of Christian democracy to be allowed in some countries, since the concept of “Christian” in this case goes beyond confessional boundaries and denotes belonging to the European system of values and culture.
In multinational and multi-confessional Russia, such concepts as “Orthodox”, “Muslim”, “Russian”, “Bashkir”, etc., are associated in the public consciousness with specific faiths and individual nations rather than with the system of values of the Russian people as a whole. . Therefore, the constitutional principle of a democratic and secular state in relation to the constitutional and historical realities that have developed in Russia does not allow the creation of political parties based on national or religious affiliation. Such a prohibition corresponds to the authentic meaning of Art. 13 and 14 of the Constitution in conjunction with its art. 19 (parts 1 and 2), 28 and 29 (see comments to Articles 13, 14, 19, 28 and 29) and is a specification of the provisions contained therein (see Resolution of the Constitutional Court of the Russian Federation of December 15, 2004 N 18-P ).
The separation of religious associations from the state does not entail a restriction of the rights of members of these associations to participate on an equal basis with other citizens in the management of state affairs, in elections to state authorities and local governments, in the activities of political parties, political movements and other public associations.
Religious associations in the Russian Federation operate on the basis of their own rules, subject to compliance with the law. Such a law regulating these issues is the aforementioned Law on Freedom of Conscience and Religious Associations. According to this Law, a religious association in the Russian Federation is recognized as a voluntary association of citizens of the Russian Federation, other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of joint worship and dissemination of faith and having the following characteristics corresponding to this purpose: religion; performance of divine services, other religious rites and ceremonies; teaching religion and religious education of its followers. Religious associations can be created in the form of religious groups and religious organizations.
A religious group is a voluntary association of citizens formed for the purpose of jointly professing and spreading faith, carrying out activities without state registration and acquiring the legal capacity of a legal entity. The premises and property necessary for the activities of a religious group are provided for the use of the group by its members. Religious groups have the right to perform worship services, other religious rites and ceremonies, as well as provide religious instruction and religious education to their followers.
A religious organization is recognized as a voluntary association of citizens of the Russian Federation or other persons permanently and legally residing in the territory of the Russian Federation, formed for the purpose of joint confession and dissemination of faith, registered as a legal entity in the manner prescribed by law.
Religious organizations, depending on the territorial scope of their activities, are divided into local and centralized. A local religious organization is a religious organization consisting of at least 10 participants who have reached the age of 18 and permanently reside in the same locality or in the same urban or rural settlement. A centralized religious organization is a religious organization consisting, in accordance with its charter, of at least three local religious organizations.
State registration of religious organizations is carried out by the federal justice body or its territorial body in the manner established by current legislation. Re-registration of religious organizations cannot be carried out contrary to the conditions that, by virtue of clause 1 of Art. 9 and paragraph 5 of Art. 11 of the Law on Freedom of Conscience and Religious Associations are necessary and sufficient for the establishment and registration of religious organizations. It follows from these norms that for the re-registration of religious organizations established before the entry into force of this Law, as well as local religious organizations that are part of the structure of a centralized religious organization, a document confirming their existence in the relevant territory for at least 15 years is not required; such religious organizations are not subject to the requirement for annual re-registration before the specified 15-year period; they cannot be limited in legal capacity on the basis of paragraph. 3 and 4 paragraphs 3 art. 27 (see Resolution of the Constitutional Court of the Russian Federation of November 23, 1999 N 16-P).
Religious organizations have the right to establish and maintain religious buildings and structures, other places and objects specifically intended for worship, prayer and religious meetings, religious veneration (pilgrimage). Divine services, other religious rites and ceremonies are freely performed in religious buildings and structures and on the territories related to them, in other places provided to religious organizations for these purposes, in places of pilgrimage, in institutions and enterprises of religious organizations, in cemeteries and crematoriums, as well as in residential areas.
Religious organizations have the right to conduct religious ceremonies in medical and preventive institutions and hospitals, orphanages for the elderly and disabled, in institutions executing criminal penalties in the form of imprisonment, at the request of citizens in them, in premises specially allocated by the administration for these purposes . The command of military units, taking into account the requirements of military regulations, has no right to prevent the participation of military personnel in worship services and other religious rites and ceremonies. In other cases, public worship, other religious rites and ceremonies are carried out in the manner established for holding rallies, processions and demonstrations.
At the request of religious organizations, the relevant government authorities in Russia have the right to declare religious holidays as non-working (holiday) days in the relevant territories. Such holidays are declared, for example, Christmas Day and a number of Muslim religious holidays.
Religious organizations have the right to: produce, acquire, operate, replicate and distribute religious literature, printed, audio and video materials and other religious items; carry out charitable, cultural and educational activities; create institutions of professional religious education (spiritual educational institutions) to train students and religious personnel; carry out entrepreneurial activities and create their own enterprises in the manner prescribed by the legislation of the Russian Federation; establish and maintain international connections and contacts, including for the purposes of pilgrimage, participation in meetings and other events, to receive religious education, as well as invite foreign citizens for these purposes.
Religious organizations may own buildings, land plots, industrial, social, charitable, cultural, educational and other purposes, religious items, funds and other property necessary to support their activities, including those classified as historical and cultural monuments . Religious organizations may own property abroad.
The creation of religious associations in government bodies, other government bodies, state institutions and local self-government bodies, military units, state and municipal organizations, as well as religious associations whose goals and actions contradict the law is prohibited.
Religious organizations can be liquidated by decision of their founders or a body authorized to do so by the charter of the religious organization, as well as by a court decision in the event of repeated or gross violations of the Constitution, federal laws, or in the case of systematic implementation by a religious organization of activities that contradict the goals of its creation (statutory goals).
It must be said that certain provisions of the Law on Freedom of Conscience and on Religious Associations have repeatedly been the subject of consideration by the Constitutional Court. However, each time the Court found them not to contradict the Constitution.
Thus, the Constitutional Court of the Russian Federation adopted Determination No. 46-O dated April 13, 2000 on the complaint of the regional association “Independent Russian Region of the Society of Jesus” regarding violations of constitutional rights and freedoms, paragraphs 3-5 of Art. 8, art. 9 and 13, paragraphs 3 and 4 art. 27 of the Law on Freedom of Conscience and Religious Associations * (77).
The court came to the conclusion that the contested provisions of the Law on Freedom of Conscience and on Religious Associations in relation to their actions in relation to religious organizations established before the entry into force of this Law did not violate the constitutional rights and freedoms of the applicant.
· organization of the provision of general education in state educational organizations of the constituent entities of the Russian Federation;
· creation of conditions for the supervision and care of children, maintenance of children in state educational organizations of the constituent entities of the Russian Federation;
· financial support for obtaining preschool education in private preschool educational organizations, preschool, primary general, basic general, secondary general education in private educational organizations carrying out educational activities according to state accredited basic general education programs, by providing these educational organizations with subsidies to reimburse costs, including expenses for wages, purchase of textbooks and teaching aids, teaching aids, games, toys (excluding expenses for maintaining buildings and paying for utilities), in accordance with the standards determined for municipal organizations.
Thus, the bulk of the costs of providing general education falls on the level of the constituent entity of the Russian Federation. This level finances both the provision of general education in institutions of a constituent entity of the Russian Federation and certain expenses (at all levels of general education) for the provision of general education in municipal and private educational organizations.
For primary, basic and secondary general education, this scheme is common. For preschool education, the funding scheme has changed radically and has become similar to the “school” scheme. The new law determines what part of the funding is assigned to the constituent entities of the Russian Federation, and what part - to municipalities. Taking into account the deficit of municipal budgets, the decision taken can help improve the situation with financial support at the level of preschool education.
At the same time, it became possible to legally select students for admission to study at the level of basic general and secondary general education. According to Art. 67 of Federal Law No. 273-FZ, the organization of individual selection for admission or transfer to state and municipal educational organizations to obtain basic general and secondary general education with in-depth study of individual academic subjects or for specialized training is allowed in cases and in the manner provided for by the legislation of the subject Russian Federation. Thus, if a subject of the Russian Federation makes an appropriate decision at the legislative level, educational organizations that worked on programs of increased complexity (gymnasiums, lyceums) will have the opportunity to select students. Making such a decision seems necessary due to the fact that without the legal opportunity to select students for advanced level programs, educational organizations are faced with the impossibility of effective training in such programs, or often carry out informal selection.
Rights and obligations of employees
The status of employees of educational organizations has also undergone some changes.
First of all, Federal Law No. 273-FZ recognizes the special status of teaching workers in society, and sets out in detail the status of teaching workers, including academic rights and freedoms, and responsibilities.
Article 47 of Federal Law No. 273-FZ includes the academic rights and freedoms of employees, in particular, freedom of teaching, free expression of one’s opinion, freedom from interference in professional activities; freedom of choice and use of pedagogically sound forms, means, methods of teaching and education; the right to creative initiative, development and application of original programs and methods of teaching and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module), etc. Academic rights must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, and the standards of professional ethics of teaching staff enshrined in the local regulations of the organization carrying out educational activities.
Article 47 establishes labor rights and social guarantees for employees, and also resolves the key issue of the composition of the working time of a teaching employee. The working hours of teaching staff, depending on the position held, include educational (teaching), educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work provided for by labor (job) responsibilities and (or) an individual plan, - methodological, preparatory, organizational, diagnostic, monitoring work, work provided for by plans for educational, physical education, sports, creative and other events carried out with students. Specific labor (job) responsibilities of teaching staff are determined by employment contracts (service contracts) and job descriptions. The ratio of educational (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, specialty and qualifications of the employee.
This norm finally resolves the misconceptions that arose in connection with the peculiarities of calculating wages, according to which many teaching staff believed that their responsibilities included exclusively conducting classroom lessons within the framework of the standard hours of classroom load for the wage rate. At the same time, it was obvious that the classroom load constitutes only part of the teaching work, and in addition to teaching lessons, the teacher has a lot of extracurricular responsibilities.
The question arose: is it possible to vary the classroom and extracurricular parts of the workload for different teachers? For example, for teachers teaching “broad” academic subjects (such as mathematics, Russian language, etc.), introduce a slightly larger teaching load, due to exemption from duties other than conducting lessons and preparing for them; for teachers, teaching such “compact” subjects as geography or drawing, load them with less than 18 hours of class workload (since the organization simply does not have more workload), but nevertheless load them up to full time with individual work with students, educational work , conducting physical education, sports, creative events and other pedagogical work not related to the classroom load. In fact, the question arose: is it possible to standardize all extracurricular activities of a teacher, and not just his classroom workload (as, incidentally, is obviously required by labor legislation)? At the moment this is impossible; such a decision is hampered by by-laws and pension legislation. The above wording of the law creates the opportunity in the future to abandon the rigid connection of the wage rate to the standard hours of classroom workload, move to a floating workload or to a regular salary system of remuneration, etc. The adoption of such decisions is long overdue and necessary to ensure the effective operation of educational organizations, especially small ones.
The Law introduces a fundamentally new concept of conflict of interest of a teaching worker. According to Art. 2 conflict of interests of a teaching worker - a situation in which a teaching worker, when carrying out his professional activities, has a personal interest in obtaining material benefit or other advantage and which affects or may affect the proper performance of professional duties by a teaching worker due to a contradiction between his personal interest and the interests of the student , parents (legal representatives) of minor students. According to Art. 48 of Federal Law No. 273-FZ, a pedagogical worker of an organization carrying out educational activities does not have the right to provide paid educational services to students in this organization if this leads to a conflict of interests of the teaching worker.
Unfortunately, the mechanism for implementing this norm is not obvious. Violation of this prohibition is considered misconduct only if it is committed within the working hours of a teaching employee, which happens extremely rarely, because Tutoring is done mainly outside of working hours. There are no specific responsibilities provided. At the same time, difficulties will arise in identifying such violations, since as long as students are interested in receiving such services, information about tutoring will be hidden (unless classes are held in the building of an educational organization, which, again, is quite rare, More often, classes are held at the teacher’s or student’s home).
Teaching staff who, by decision of the authorized executive authorities, participate in conducting the unified state examination during working hours and are released from their main work for the period of the unified state examination are provided with guarantees and compensation established by labor legislation and other acts containing labor law norms. Teaching staff involved in conducting the unified state exam are paid compensation for the work of preparing and conducting the unified state exam (the amount and procedure are established by the constituent entity of the Russian Federation at the expense of budgetary allocations of the budget of the constituent entity of the Russian Federation).
Timing and procedure for implementing the norms of the Federal Law
Federal Law No. 273-FZ comes into force on September 1, 2013, with some exceptions, i.e. Starting from the next academic year, organizations need to bring their activities in line with its requirements. Changes in financing issues (in particular, adjusted budget obligations of various levels of state and municipal authorities) come into force somewhat later than the main part of the provisions of the new law, from January 1, 2014.
The names and charters of educational institutions must be brought into compliance with Federal Law No. 273-FZ no later than January 1, 2016, taking into account the following:
· special (correctional) educational institutions for students and pupils with disabilities should be renamed into general educational organizations;
· educational institutions of additional education for children should be renamed into organizations of additional education;
· special educational institutions for children and adolescents with deviant (deviating from the norm, socially dangerous) behavior, implementing general education programs, should be renamed into general education organizations with the special name “special educational institutions for students with deviant (socially dangerous) behavior” .
There is no need to undergo re-licensing or state accreditation procedures. Organizations carrying out educational activities carry out educational activities on the basis of licenses for carrying out educational activities and certificates of state accreditation (with the exception of additional professional educational programs with state accreditation) issued to them before the date of entry into force of the Federal Law. At the same time, previously issued licenses for educational activities and certificates of state accreditation are reissued before January 1, 2016.
The salaries (official salaries) of teaching staff established on the day of entry into force of Federal Law No. 273-FZ include the amount of monthly monetary compensation for the provision of book publishing products and periodicals, established as of December 31, 2012. Corresponding changes must be made to the wage system (by agreeing on the document with the trade union), as well as to employment contracts (by warning workers in advance within two months).
Thus, organizational changes in connection with the entry into force of the new Federal Law are minimized, as well as the financial costs of general education institutions. At the same time, certain organizational actions, in particular, amendments to charters and other local documents, employment contracts with employees, renewal of licenses and state accreditation certificates, must be carried out.
1. The education system includes:
1) federal state educational standards and federal state requirements, educational standards, educational programs of various types, levels and (or) orientations;
2) organizations carrying out educational activities, teaching staff, students and parents (legal representatives) of minor students;
3) federal state bodies and government bodies of the constituent entities of the Russian Federation, exercising public administration in the field of education, and local government bodies, exercising management in the field of education, advisory, advisory and other bodies created by them;
4) organizations providing educational activities, assessing the quality of education;
5) associations of legal entities, employers and their associations, public associations operating in the field of education.
2. Education is divided into general education, vocational education, additional education and vocational training, ensuring the possibility of realizing the right to education throughout life (continuing education).
3. General education and vocational education are implemented according to educational levels.
4. In the Russian Federation, the following levels of general education are established:
1) preschool education;
4) secondary general education.
5. The following levels of professional education are established in the Russian Federation:
3) higher education - specialty, master's degree;
4) higher education - training of highly qualified personnel.
6. Additional education includes such subtypes as additional education for children and adults and additional vocational education.
7. The education system creates conditions for lifelong education through the implementation of basic educational programs and various additional educational programs, providing the opportunity to simultaneously master several educational programs, as well as taking into account existing education, qualifications, and practical experience when receiving education.
Commentary to Art. 10 of the Law “On Education in the Russian Federation”
The commented provisions are not new for domestic educational legislation, since the rules on the structure of the education system contained system-forming acts of educational legislation: and the law on higher education (Article 4). Meanwhile, in the article under consideration, the relevant provisions of these normative acts are somewhat revised and synthesized into normative material, taking into account the multi-level nature of education.
1. The law being commented on proposes a new approach to defining the education system, taking into account changes in the system of educational relations as a whole. It is that:
firstly, the education system includes all types of existing sets of compulsory education requirements: federal state educational standards, federal state requirements, as well as educational standards and educational programs of various types, levels and (or) orientations.
In order to ensure the quality of education, the legislator provides for: federal state educational standards for basic general education and professional programs, including for preschool education, which was not previously provided for. However, this does not mean the need for certification for students at this level. The law introduces a ban on conducting both intermediate and final certification of students in preschool educational organizations;
federal state requirements - for additional pre-professional programs;
educational standards - for educational programs of higher education in cases provided for by the commented law or decree of the President of the Russian Federation. The definition of the educational standard is given in paragraph 7) of Art. 2 of Law N 273-FZ, however, we find a more precise interpretation of it in Art. 11 of the Law (see).
Educational programs are also included in the education system, since they represent a set of basic characteristics of education and organizational and pedagogical conditions. This distinction is due to the fact that if either federal state educational standards, or federal state requirements, or educational standards have been developed, the educational program is compiled on their basis. In the event that these are absent (for additional general developmental and with certain features, for additional professional programs * (14); vocational training programs are developed on the basis of established qualification requirements (professional standards), educational programs are the only set of requirements for obtaining this type of education .
Secondly, the education system includes, along with organizations carrying out educational activities, also teaching staff, students and their parents (legal representatives) (up to the age of majority of the student), which makes them full participants in the educational process. Of course, such a position must be supported by specific rights and guarantees for such entities. For this purpose, the legislator introduces Chapter 4, dedicated to students and their parents, and dedicated to teaching, management and other employees of organizations engaged in educational activities ( and ).
Thirdly, the education system includes, along with bodies that manage education at all levels of government, advisory, advisory and other bodies created by them. The sign of jurisdiction is not highlighted; instead, the sign of creation of a body by the body exercising management in the field of education is introduced. Such a replacement does not make any fundamental differences. At the same time, the previous formulation of “institutions and organizations” may not have allowed, for example, public councils to be classified as part of the education system.
Fourthly, the education system includes organizations that provide educational activities and assess the quality of education. This is explained by the need to understand the education system as a single, inextricable process of movement of knowledge from the teacher (educational organization) to the student. This process includes information processing centers, certification commissions, etc. This circle does not include individuals (experts, public observers, etc.).
Fifthly, in addition to associations of legal entities and public associations, the education system includes associations of employers and their associations operating in the field of education. This position is due to the intensifying direction of integration of education, science and production; understanding of education as a process that culminates in employment and, in this regard, orientation to the demands of the world of work. Employers take part in the work of educational and methodological associations (), are involved in conducting state final certification for basic professional educational programs, and in conducting a qualification exam (result of vocational training) (,); employers and their associations have the right to carry out professional and public accreditation of professional educational programs implemented by an organization carrying out educational activities, and compile ratings on this basis ().
Paragraph 3 of the commented Article 10 of the Law on Education in the Russian Federation introduces a system of types of education, dividing it into general education, vocational education, additional education and vocational training.
Vocational training, despite the seemingly absent “effect” of educational activities - increasing the educational qualifications of the student, also presupposes the need to master the educational program of secondary general education, if it has not been mastered.
This system should make it possible to realize a person’s educational needs throughout his life, that is, not only the opportunity to get an education at any age, but also to get another profession (specialty). For this purpose, various educational programs are being introduced.
The system of education levels is changing, according to which the structure of general education in accordance with the Law includes:
1) preschool education;
2) primary general education;
3) basic general education;
4) secondary general education;
In the structure of professional education:
1) secondary vocational education;
2) higher education - bachelor's degree;
3) higher education - specialist training, master's degree;
4) higher education - training of scientific and pedagogical personnel.
The main innovation is that: 1) preschool education is included as the first level of general education; 2) primary vocational education is not distinguished as a level; 3) higher professional education absorbs the training of scientific and pedagogical personnel (previously carried out within the framework of postgraduate professional education).
The change in educational levels is caused by the requirements of the Bologna Declaration, the International Standard Classification of Education.
The question arises: what are the consequences of changing the system of educational levels?
Modernization of the system of educational levels affects the system of educational programs and types of educational organizations.
Changes in educational programs repeat corresponding changes in educational levels.
The introduction of preschool education into the system of educational levels looks frightening at first glance. According to the rule, this presupposes the presence of federal state educational standards with confirmation of the results of mastering the preschool educational program in the form of a final certification. However, in this situation, the Law provides for a “big” exception to the rule, which is justified, given the level of psycho-physical development of children at such an early age. The development of educational programs of preschool education is not accompanied by intermediate certifications and final certification of students. That is, confirmation of compliance with the requirements of federal state educational standards should be expressed not in the form of testing the knowledge, skills and abilities of students, but in the form of reporting by employees of a preschool educational organization on the work done aimed at implementing the requirements of the standard. Preschool education is now the first level of education, but the legislator does not make it compulsory.
Law N 279-FZ now provides for primary general education, basic general education and secondary general education as separate levels of education. In the previous Law N 3266-1 they were levels of education.
Since the level of primary vocational education “falls out,” it is replaced by two programs introduced into secondary vocational education, which represent a successful combination of instilling skills in the field of primary vocational education with the knowledge and skills necessary to perform work requiring the level of secondary vocational education. As a result, the main programs of secondary vocational education are divided into programs for training skilled workers and programs for training mid-level specialists.
Changes in the higher education system lead to its division into several sublevels:
1) bachelor's degree;
2) specialist training, master’s degree;
3) training of scientific and pedagogical personnel.
The term “professional” itself is no longer applied to higher education, although the latter is still part of the vocational education system.
Bachelor's, master's and specialist's degrees, which have already become familiar to us, retain their legal significance, now side by side with the training of scientific and pedagogical personnel. A specialty, as an educational program, is provided where the standard period for mastering an educational program in a specific area of training cannot be reduced.
It should be noted that in the system of education levels, the allocation of sublevels is dictated by different tasks. If we talk about secondary school, then receiving primary education is considered as incomplete education and parents are obliged to ensure that their children receive primary, basic general and secondary general education. These levels are compulsory levels of education. Students who have not mastered the basic educational program of primary general and (or) basic general education are not allowed to study at the following levels of general education. The requirement of compulsory secondary general education in relation to a specific student remains in force until he reaches the age of eighteen, if the corresponding education has not been received by the student earlier.
The identification of sublevels in higher education is dictated by the need to indicate the independence of each of them and self-sufficiency. Each of them is evidence of higher education without the “subjunctive moods.” Judicial practice on this matter, based on the 1992 education law, in contrast approaches the assessment of a bachelor's degree as the first level of higher education, which is insufficient to occupy positions requiring high professional training, for example, a judge. This approach has been implemented throughout the entire system of courts of general jurisdiction, including the Supreme Court of the Russian Federation * (15).
Hence, the concept of incomplete higher education can only refer to the fact of an incomplete standard period for mastering a particular educational program of a certain level of education. Consequently, when the educational program in a specific area of training has not been fully mastered, it is impossible to talk about passing a specific level of education with the issuance of an education document, which is confirmed by judicial practice * (16).
It should be noted that in regional legislation there are examples of ranking depending on the “level” of education (specialist, master’s degree), for example, wage coefficients. This practice is recognized as inconsistent with the law, since in this case the provisions of Part 3 of Art. 37 Constitution of the Russian Federation, Art. and 132 of the Labor Code of the Russian Federation, prohibiting discrimination in the sphere of labor, including discrimination in establishing and changing wage conditions.
Following the logic that each of the “types” of the level of higher education, be it bachelor’s, specialist’s or master’s degrees, confirms a completed cycle of education, characterized by a certain unified set of requirements (Article 2 of the Law, “Basic Concepts”), then no restrictions can be set for one of the species versus the other.
However, this statement requires clarification: certain restrictions are already provided for by the Law itself. What regulatory requirements does this follow? We find the answer in Art. 69 “Higher Education”, which states that persons with secondary general education are allowed to master bachelor’s or specialist’s programs (the types are equivalent).
Persons with higher education of any level are allowed to study master's programs. This emphasizes the higher position of master's programs in the hierarchy of higher education.
However, further we see that the training of scientific and pedagogical personnel in graduate school (adjunct), residency, and assistantship-internship is possible for persons with at least a higher education education (specialist or master's degree). That is, in this case we see that the specialty “at the finish line” corresponds in its level of preparation to the master’s degree. But the training of scientific and pedagogical personnel is the next level of higher education.
Thus, the education system, according to the law on education, is a unified system, starting with preschool education and ending with the training of scientific and pedagogical personnel, as the necessary level of education for engaging in certain types of activities or certain positions (for example, residency).
Changing levels of education led to a change in the types of educational organizations: expanding opportunities to create different types of organizations providing training. In addition to educational institutions themselves, according to the Law, organizations that have educational divisions in their structure are actively involved in the education system.
Additional education is a type of education and includes such subtypes as additional education for children and adults and additional vocational education. Each of them involves the implementation of separate educational programs.
Additional educational programs include:
1) additional general education programs - additional general developmental programs, additional pre-professional programs;
2) additional professional programs - advanced training programs, professional retraining programs.
The selection of various types of educational programs, including within the framework of additional education, allows us to ensure continuity of education throughout life. The proposed system of educational programs provides the opportunity to simultaneously master several educational programs, take into account existing education, qualifications, practical experience in obtaining an education, and study under an abbreviated training program.
The objectives of the legislation of the Russian Federation in the field of education are:
1) delimitation of competence in the field of education between federal executive authorities, executive authorities of constituent entities of the Russian Federation and local governments;
2) ensuring and protecting the constitutional right of citizens of the Russian Federation to education;
3) creation of legal guarantees for the free functioning and development of the education system of the Russian Federation;
4) determination of the rights, duties, powers and responsibilities of individuals and legal entities in the field of education, as well as legal regulation of their relations in this area.
Education system
Article 8. Concept of the education system
The education system in the Russian Federation is a set of interacting:
continuous educational programs and state educational standards of various levels and directions;
networks of educational institutions implementing them, regardless of their organizational and legal forms, types and types;
education authorities and institutions and organizations subordinate to them;
associations of legal entities, public and state-public associations operating in the field of education.
(paragraph introduced by Federal Law of July 18, 2005 N 92-FZ)
Article 9. Educational programs
1. The educational program determines the content of education at a certain level and focus. In the Russian Federation, educational programs are implemented, which are divided into:
1) general education (basic and additional);
2) professional (basic and additional).
2. General education programs are aimed at solving the problems of forming a general culture of the individual, adapting the individual to life in society, and creating the basis for an informed choice and mastery of professional educational programs.
3. General education programs include:
1) preschool education;
2) primary general education;
3) basic general education;
4) secondary (complete) general education.
4. Professional educational programs are aimed at solving the problems of consistent improvement of professional and general educational levels, training specialists with appropriate qualifications.
5. Professional programs include:
1) primary vocational education;
2) secondary vocational education;
3) higher professional education;
4) postgraduate professional education.
6. The mandatory minimum content of each basic general education program or basic professional educational program (for a specific profession, specialty) is established by the relevant state educational standard.
7. Standard deadlines for mastering basic educational programs in state and municipal educational institutions are determined by this Law and (or) standard regulations on educational institutions of the relevant types and types or the relevant state educational standard.
Article 10. Forms of education
1. Taking into account the needs and capabilities of the individual, educational programs are mastered in the following forms: in an educational institution - in the form of full-time, part-time (evening), correspondence; in the form of family education, self-education, external studies.
A combination of different forms of education is allowed.
2. For all forms of education within a specific basic general education or basic professional educational program, a single state educational standard applies.
3. Lists of professions and specialties, the acquisition of which in part-time (evening), part-time and external studies is not allowed, in terms of the competence of the Russian Federation, are established by the Government of the Russian Federation.
Article 11. Founder of an educational institution
1. The founder of an educational institution (hereinafter referred to as the founder) may be:
1) state authorities, local governments;
2) domestic and foreign organizations of all forms of ownership, their associations (associations and unions);
3) domestic and foreign public and private funds;
4) public and religious organizations (associations) registered on the territory of the Russian Federation;
5) citizens of the Russian Federation and foreign citizens.
Joint establishment of non-state educational institutions is allowed.
(as amended by Federal Law dated August 22, 2004 N 122-FZ)
The paragraph is no longer valid. - Federal Law of August 22, 2004 N 122-FZ.
In case of reorganization of state authorities, educational authorities and (or) local government bodies, the rights of the founder are transferred to the corresponding legal successors.
2. The founder of educational institutions of all types and types that implement military professional educational programs can only be the Government of the Russian Federation.
The founder of a special closed-type educational institution for children and adolescents with deviant (socially dangerous) behavior can only be federal executive authorities and (or) executive authorities of constituent entities of the Russian Federation.
3. The relationship between the founder and the educational institution is determined by an agreement concluded between them in accordance with the legislation of the Russian Federation.
Article 11.1. State and non-state educational organizations
1. State and non-state educational organizations can be created in the organizational and legal forms provided for by the civil legislation of the Russian Federation for non-profit organizations.
2. The activities of state and non-state educational organizations, to the extent not regulated by this Law, are regulated by the legislation of the Russian Federation.
Article 12. Educational institutions
1. An educational institution is an institution that carries out the educational process, that is, implementing one or more educational programs and (or) providing the maintenance and upbringing of students and pupils.
2. An educational institution is a legal entity.
3. Educational institutions can be state (federal or under the jurisdiction of a constituent entity of the Russian Federation), municipal, non-state (private, institutions of public and religious organizations (associations)).
Federal state educational institution is an educational institution that is federally owned and financed from the federal budget.
The legislation of the Russian Federation in the field of education applies to all educational institutions on the territory of the Russian Federation, regardless of their organizational and legal forms and subordination.
4. Educational institutions include the following types:
1) preschool;
2) general education (primary general, basic general, secondary (complete) general education);
3) institutions of primary vocational, secondary vocational, higher vocational and postgraduate vocational education;
4) institutions of further education for adults;
5) special (correctional) for students and pupils with developmental disabilities;
6) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;
7) institutions for orphans and children left without parental care (legal representatives);
8) institutions of additional education for children;
9) other institutions carrying out the educational process.
5. The activities of state and municipal educational institutions are regulated by standard regulations on educational institutions of the relevant types and types, approved by the Government of the Russian Federation, and the charters of these educational institutions developed on their basis.
For non-state educational institutions, standard provisions on educational institutions serve as exemplary ones.
6. The state status of an educational institution (type, type and category of an educational institution, determined in accordance with the level and focus of the educational programs it implements) is established during its state accreditation.
7. Branches, departments, structural divisions of an educational institution may, by its power of attorney, fully or partially exercise the powers of a legal entity.
8. Educational institutions have the right to form educational associations (associations and unions), including with the participation of institutions, enterprises and public organizations (associations). These educational associations are created for the purpose of developing and improving education and act in accordance with their charters. The procedure for registration and activities of these educational associations is regulated by law.
9. The rights and obligations of institutions of additional education provided for by the legislation of the Russian Federation also apply to public organizations (associations), the main statutory purpose of which is educational activity, only in terms of their implementation of additional educational programs.
Article 13. Charter of an educational institution
1. The charter of an educational institution must indicate:
1) name, location (legal, actual address), status of the educational institution;
2) founder;
3) organizational and legal form of the educational institution;
4) goals of the educational process, types and types of educational programs being implemented;
5) main characteristics of the organization of the educational process, including:
a) the language(s) in which training and education are conducted;
b) the procedure for admitting students and pupils;
c) duration of training at each stage of training;
d) the procedure and grounds for expulsion of students and pupils;
e) the assessment system for intermediate certification, the forms and procedure for its implementation;
f) the schedule of classes for students and pupils;
g) availability of paid educational services and the procedure for their provision (on a contractual basis);
h) the procedure for regulating and formalizing relations between an educational institution and students, pupils and (or) their parents (legal representatives);
6) the structure of the financial and economic activities of the educational institution, including in terms of:
a) use of property assigned to an educational institution;
b) financing and logistical support for the activities of an educational institution;
c) has become invalid. - Federal Law of August 22, 2004 N 122-FZ;
d) carrying out entrepreneurial and other income-generating activities;
e) a ban on transactions, the possible consequences of which are the alienation or encumbrance of property assigned to an educational institution, or property acquired from funds allocated to this institution by the owner of the educational institution, except in cases where such transactions are permitted by federal laws;
f) the procedure for disposing of property acquired by the institution from income received from entrepreneurial and other income-generating activities;
g) opening accounts with treasury authorities (with the exception of non-state educational institutions and autonomous institutions);
7) the procedure for managing an educational institution, including:
a) the competence of the founder;
b) structure, procedure for forming governing bodies of an educational institution, their competence and procedure for organizing activities;
c) the procedure for recruiting employees of an educational institution and the terms of payment for their labor;
d) the procedure for changing the charter of an educational institution;
e) the procedure for reorganization and liquidation of an educational institution;
8) rights and obligations of participants in the educational process;
9) a list of types of local acts (orders, instructions and other acts) regulating the activities of an educational institution.
2. The charter of a civil educational institution, in the part not regulated by the legislation of the Russian Federation, is developed and adopted by the educational institution and approved by its founder. The procedure for approving the charter of a federal state educational institution is established by the Government of the Russian Federation, a state educational institution under the jurisdiction of a constituent entity of the Russian Federation - by the executive authority of a constituent entity of the Russian Federation, and a municipal educational institution - by a local government body.
3. If it is necessary to regulate the aspects of the activities of an educational institution specified in this article by other local acts, the latter are subject to registration as additions to the charter of the educational institution.
4. Local acts of an educational institution cannot contradict its charter.
Article 14. General requirements for the content of education
ensuring the self-determination of the individual, creating conditions for his self-realization;
development of society;
strengthening and improving the rule of law.
an adequate global level of general and professional culture of society;
formation in the student of a picture of the world that is adequate to the modern level of knowledge and the level of the educational program (level of study);
integration of the individual into national and world culture;
the formation of a person and citizen integrated into his contemporary society and aimed at improving this society;
reproduction and development of the human resources potential of society.
3. Vocational education at any level must ensure that students receive a profession and appropriate qualifications.
State educational authorities ensure the development of exemplary educational programs based on state educational standards.
6. An educational institution, in accordance with its statutory goals and objectives, can implement additional educational programs and provide additional educational services (on a contractual basis) beyond the educational programs that determine its status.
7. In educational institutions of secondary (complete) general education, educational institutions of primary vocational and secondary vocational education in accordance with state educational standards in the manner prescribed by laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, students obtaining initial knowledge about state defense, about the military duty of citizens and the acquisition of skills by students in the field of civil defense, as well as training students - male citizens who have not completed military service - in the basics of military service.
8. An educational institution uses the capabilities of cultural institutions when implementing educational programs.
Article 15. General requirements for the organization of the educational process
1. The organization of the educational process in an educational institution is regulated by the curriculum (breakdown of the content of the educational program by training courses, by disciplines and by years of study), the annual calendar educational schedule and class schedules, developed and approved by the educational institution independently. State educational authorities ensure the development of basic curricula and sample programs of courses and disciplines.
2. State authorities, educational authorities and local governments do not have the right to change the curriculum and educational schedule of a civil educational institution after their approval, except for cases provided for by the legislation of the Russian Federation.
3. The educational institution is independent in choosing the grading system, form, procedure and frequency of intermediate certification of students.
4. Mastering educational programs of basic general, secondary (complete) general and all types of vocational education ends with mandatory final certification of graduates.
5. Scientific and methodological support for final certifications and objective quality control of graduates’ training upon completion of each level of education are provided by the state certification service, independent of education authorities, in accordance with state educational standards.
6. Discipline in an educational institution is maintained on the basis of respect for the human dignity of students, pupils, and teachers. The use of physical and mental violence against students and pupils is not permitted.
7. Parents (legal representatives) of minor students and pupils must be provided with the opportunity to become familiar with the progress and content of the educational process, as well as with assessments of students’ performance.
8. An educational institution carries out individual recording of the results of students’ mastery of educational programs, as well as storage in archives of data on these results on paper and (or) electronic media in the manner approved by the federal (central) state education management body.
Article 16. General requirements for the admission of citizens to educational institutions
1. The procedure for admitting citizens to educational institutions, to the extent not regulated by this Law, is determined by the founder and enshrined in the charter of the educational institution.
The founder establishes the procedure for admission to state and municipal educational institutions at the level of primary general, basic general, secondary (complete) general and primary vocational education, ensuring the admission of all citizens who live in a given territory and have the right to receive education at the appropriate level.
2. When admitting a citizen to an educational institution, the latter is obliged to familiarize him and (or) his parents (legal representatives) with the charter of the educational institution, the license to conduct educational activities, the certificate of state accreditation of the educational institution and other documents regulating the organization of the educational process.
3. Admission of citizens to state educational institutions to receive secondary vocational education, to state and municipal educational institutions to receive higher professional and postgraduate professional education is carried out on a competitive basis based on applications from citizens. The conditions of the competition must guarantee respect for the rights of citizens to education and ensure the enrollment of citizens who are most capable and prepared to master the educational program of the appropriate level.
Outside of competition, subject to successful passing of entrance exams to state educational institutions of secondary vocational education and to state and municipal educational institutions of higher vocational education, the following are accepted:
orphans and children left without parental care, as well as persons under 23 years of age from among orphans and children left without parental care;
disabled children, disabled people of groups I and II, for whom, according to the conclusion of the State Service for Medical and Social Expertise, education in relevant educational institutions is not contraindicated;
citizens under the age of 20 who have only one disabled parent of group I, if the average per capita family income is below the subsistence level established in the relevant constituent entity of the Russian Federation;
citizens discharged from military service and entering the relevant educational institutions on the basis of recommendations from commanders of military units, combatants and disabled combatants.
Citizens discharged from military service have a preferential right to enter state educational institutions of secondary vocational education and state and municipal educational institutions of higher professional education.
Winners and prize-winners of the final stage of the All-Russian Olympiad for schoolchildren and members of national teams of the Russian Federation who participated in international Olympiads in general education subjects and formed in the manner determined by the Government of the Russian Federation are admitted without entrance examinations to state educational institutions of secondary vocational education and to state and municipal educational institutions higher professional education for training in areas of training (specialties) corresponding to the profile of the Olympiad.
Article 17. Implementation of general education programs
1. General education programs are implemented in preschool educational institutions, educational institutions of primary general, basic general, secondary (complete) general education, including in special (correctional) educational institutions for students and pupils with developmental disabilities, in educational institutions for children- orphans and children left without parental care (legal representatives).
General education programs can be implemented in educational institutions of primary vocational, secondary vocational and higher vocational education if they have the appropriate license.
2. Educational programs of special (correctional) educational institutions for students and pupils with developmental disabilities are developed on the basis of basic general education programs, taking into account the characteristics of psychophysical development and the capabilities of students and pupils.
3. Educational programs of preschool, primary general, basic general and secondary (complete) general education are successive, that is, each subsequent program is based on the previous one.
4. Students at the level of primary general and basic general education who have not mastered the academic year program and have academic debt in two or more subjects, at the discretion of their parents (legal representatives), are left for repeated training and transferred to compensatory education classes with a smaller number of students. one pedagogical worker of an educational institution or continue their education in the form of family education. Students at the specified levels of education who have academic debt in one subject at the end of the academic year are conditionally transferred to the next grade. Responsibility for eliminating academic debt by students during the next academic year rests with their parents (legal representatives).
In any case, the transfer of a student to the next grade is made by decision of the governing body of the educational institution.
5. Students who have not mastered the educational program of the previous level are not allowed to study at the next level of general education.
Article 18. Pre-school education
1. Parents are the first teachers. They are obliged to lay the foundations for the physical, moral and intellectual development of the child’s personality in early childhood.
2. Lost power. - Federal Law of August 22, 2004 N 122-FZ.
3. To educate preschool children, protect and strengthen their physical and mental health, develop individual abilities and necessary correction of developmental disorders of these children, a network of preschool educational institutions operates to help the family.
4. Relations between a preschool educational institution and parents (legal representatives) are governed by an agreement between them, which cannot limit the rights of the parties established by law.
5. Local government bodies organize and coordinate methodological, diagnostic and advisory assistance to families raising preschool children at home.
Article 19. Primary general, basic general, secondary (complete) general education
1. General education includes three levels corresponding to the levels of educational programs: primary general, basic general, secondary (complete) general education.
2. Education of children in educational institutions implementing primary general education programs begins when they reach the age of six years and six months in the absence of contraindications for health reasons, but no later than they reach the age of eight years. At the request of parents (legal representatives), the founder of an educational institution has the right to allow the admission of children to educational institutions for education at an earlier age.
The standard deadlines for mastering the basic educational programs of primary general, basic general and secondary (complete) general education are determined by federal law.
3. Basic general education and state (final) certification are mandatory.
4. The requirement of compulsory basic general education in relation to a specific student remains in force until he reaches the age of fifteen, if the corresponding education has not been received by the student earlier.
5. The age limit for students to receive basic general education in a general education institution on a full-time basis is eighteen years. For the categories of students specified in paragraphs 10 - 12 of Article 50 of this Law, the age limit for receiving basic general education may be increased.
6. With the consent of parents (legal representatives), the commission for minors and the protection of their rights and the local education authority, a student who has reached the age of fifteen years may leave the general education institution until receiving basic general education.
The Commission on Minors' Affairs and the Protection of Their Rights, together with the parents (legal representatives) of a minor who left a general education institution before receiving basic general education, and the local government body, within a month, takes measures to ensure the employment of this minor and (or) the continuation of his mastery of the educational program of the basic education. general education in another form of training.
7. By decision of the governing body of an educational institution, for repeated gross violations of the charter of an educational institution, a student who has reached the age of fifteen years may be expelled from this educational institution.
Expulsion of a student from an educational institution is applied if educational measures have not produced results and the student’s continued stay in the educational institution has a negative impact on other students, violates their rights and the rights of employees of the educational institution, as well as the normal functioning of the educational institution.
The decision to expel a student who has not received basic general education is made taking into account the opinion of his parents (legal representatives) and with the consent of the commission on affairs of minors and the protection of their rights. The decision to exclude orphans and children left without parental care is made with the consent of the commission on affairs of minors and the protection of their rights and the guardianship and trusteeship authority.
The educational institution is immediately obliged to inform his parents (legal representatives) and the local government body about the exclusion of the student from the educational institution.
The Commission on Minors' Affairs and the Protection of Their Rights, together with the local government body and the parents (legal representatives) of a minor expelled from an educational institution, takes measures within a month to ensure the employment of this minor and (or) the continuation of his studies in another educational institution.
8. General educational institutions, under contracts and jointly with enterprises, institutions, organizations, can provide professional training to students as additional (including paid) educational services if they have the appropriate license (permit) for the specified type of activity. Initial vocational training is carried out only with the consent of students and their parents (legal representatives).
Article 20. Implementation of professional educational programs
1. Professional educational programs, including for students, pupils with developmental disabilities and people with disabilities, are implemented in educational institutions of vocational education, including special (correctional) for students, pupils with developmental disabilities. Educational institutions of vocational education that have state accreditation implement the specified educational programs of the appropriate level in order to train skilled workers (workers and employees) and specialists of the appropriate level in accordance with the lists of professions and specialties approved in the manner established by the Government of the Russian Federation, and the levels of education established by this Law.
2. The state educational standard of secondary (complete) general education is implemented within the educational programs of primary vocational or secondary vocational education, taking into account the profile of the vocational education received.
3. The presence of any other professional education cannot serve as a basis for refusing to admit citizens to an educational institution of vocational education.
Article 21. Professional training
1. Vocational training is aimed at accelerating the student’s acquisition of the skills necessary to perform a specific job or group of jobs. Professional training is not accompanied by an increase in the student’s educational level.
2. The state, if necessary, creates conditions for persons who do not have basic general education to receive professional training.
3. Professional training can be obtained in educational institutions, as well as in educational departments of organizations that have the appropriate licenses, and through individual training from specialists with appropriate qualifications.
Article 22. Primary vocational education
1. Primary vocational education is aimed at training skilled workers in all main areas of socially useful activities on the basis of basic general and secondary (complete) general education.
2. Primary vocational education can be obtained in educational institutions of primary vocational education, as well as in educational institutions of secondary vocational and higher vocational education if appropriate licenses are available.
Article 23. Secondary vocational education
1. Secondary vocational education is aimed at training mid-level specialists, satisfying the needs of the individual in deepening and expanding education on the basis of basic general, secondary (complete) general or primary vocational education.
2. Citizens who have primary vocational education in the relevant profile receive secondary vocational education according to abbreviated programs.
3. Secondary vocational education can be obtained in educational institutions of secondary vocational education (secondary specialized educational institutions) or at the first stage of educational institutions of higher vocational education.
4. An educational institution of secondary vocational education may implement educational programs of primary vocational education if it has the appropriate license.
Article 24. Higher professional education
1. Higher professional education is aimed at training and retraining specialists at the appropriate level, satisfying the needs of the individual in deepening and expanding education on the basis of secondary (complete) general and secondary vocational education.
2. Higher professional education can be obtained in educational institutions of higher professional education (higher educational institutions).
3. Persons who have primary vocational education in the relevant profile can receive higher vocational education in shortened accelerated programs.
4. Persons with secondary vocational education in the relevant profile can receive higher vocational education in shortened accelerated programs.
Article 25. Postgraduate professional education
1. Postgraduate professional education provides citizens with the opportunity to improve their level of education, scientific and pedagogical qualifications on the basis of higher professional education.
2. Postgraduate professional education can be obtained in graduate school, residency, adjunct and doctoral studies, created in educational institutions of higher professional education and scientific organizations that have the appropriate licenses.
Article 26. Additional education
1. Additional educational programs and additional educational services are implemented in order to fully meet the educational needs of citizens, society, and the state.
Within each level of vocational education, the main task of additional education is the continuous improvement of the qualifications of workers, employees, and specialists in connection with the constant improvement of educational standards.
2. Additional educational programs include educational programs of various directions, implemented by:
in general educational institutions and educational institutions of vocational education outside the basic educational programs that determine their status;
in educational institutions of additional education (in advanced training institutions, courses, vocational guidance centers, music and art schools, art schools, children's art centers, stations for young technicians, stations for young naturalists and other institutions that have the appropriate licenses);
through individual pedagogical activities.
Article 27. Education documents
1. An educational institution, in accordance with the license, issues to persons who have passed the final certification documents on the relevant education and (or) qualifications in accordance with the license. The form of documents is determined by the educational institution itself. These documents are certified by the seal of the educational institution.
2. Educational institutions that have state accreditation and implement general education (except for preschool) and professional educational programs, issue to persons who have passed the final certification state-issued documents on the level of education and (or) qualifications, certified by the seal of the relevant educational institution.
3. Citizens who have completed postgraduate professional education and defended a qualifying thesis (dissertation based on a set of scientific works) are awarded an academic degree and issued a corresponding document.
4. A state-issued document on the appropriate level of education is a necessary condition for continuing education in a state or municipal educational institution of a subsequent level of education.
The academic degrees specified in documents on primary vocational, secondary vocational, higher vocational education and in documents on postgraduate vocational education give the right to their holders to engage in professional activities, including holding positions for which mandatory qualification requirements for the corresponding educational qualification are determined in accordance with the established procedure .
5. The following educational levels (educational qualifications) are established in the Russian Federation:
1) basic general education;
2) secondary (complete) general education;
3) primary vocational education;
4) secondary vocational education;
5) higher professional education;
6) postgraduate professional education.
6. Persons who have not completed education at this level are issued a certificate of the established form.
7. The organization of providing educational institutions with state accreditation with state-issued document forms on the level of education and (or) qualifications is carried out:
1) in relation to federal educational institutions and educational institutions of higher and postgraduate professional education - by authorized federal executive authorities;
2) in relation to other educational institutions - by executive authorities of the constituent entities of the Russian Federation.