Educational activities in the Russian Federation are subject to licensing. This process is long and unpleasant, but only teachers who provide individual training services can avoid it. Institutions and individual entrepreneurs organizing a company with hired teaching staff are required to obtain a license for educational activities.
Who needs an educational license?
The procedure for licensing educational activities is regulated by a number of legislative acts:
- the law on education (No. 273-FZ of December 21, 2012);
- the Law on Licensing (No. 99-FZ of May 4, 2011);
- the regulation on licensing educational activities (Decree of the Cabinet of Ministers No. 966 of October 28, 2013).
State and non-state organizations providing training and education services through the implementation of educational programs are required to obtain permission from the Ministry of Education. This applies to:
- preschool institutions (kindergartens, baby schools);
- general education schools (primary, basic, complete secondary);
- vocational education (schools, colleges, universities, postgraduate education);
- additional education for children and adults (courses, linguistic centers, etc.);
- other forms of education and upbringing.
Thus, almost all organizations related to education are subject to the regulatory framework on licensing. But there are exceptions:
- one-time lectures, seminars, trainings, after which there is no attestation and no certificates of education are issued on official forms;
- Individual entrepreneurs who personally give private lessons without involving other employees (tutors, speech therapists, etc.)
Requirements for obtaining an educational license
The regulation on licensing educational activities sets a lot of conditions for applicants, which makes this process very laborious and lengthy. More than one month may pass from the moment of registration of a legal entity / individual entrepreneur to obtaining a permit, and collecting the necessary documents here is not the most difficult thing.
Solving the problem of how to obtain a license for educational activities should begin with a study of the requirements for premises, equipment, teaching staff, training programs and other nuances. They will depend on the type of institution, and on the age of the students, and the time that the students will spend in the classroom. You will need sanitary and fire regulations, methodological recommendations for the development of educational programs, a preliminary schedule, and a staff of specialists. But first things first.
- It is not enough for an educational institution to have just a legal address. He must have a room suitable for the purposes of training in terms of all statutory standards. Depending on the type of institution, special requirements may apply to the minimum size, the number of rooms, the presence of a separate entrance, the territory for the site, etc. Arm yourself with SNiP and SanPiN, look for the norms for your type of activity and select the appropriate premises.
- To obtain a license, you will need all title documents for the property. Even before concluding a lease, sale and purchase agreement, check whether everything is “clean” with papers.
- Bring the room in proper form and in accordance with the norms of fire and sanitation. Make repairs using recommended materials, install an alarm, provide fire extinguishers, take care of proper lighting, comfortable temperature conditions, etc. When everything is ready, invite the employees of the SES and the State Fire Supervision Service to draw up a safety report. Particular attention: if students receive meals, they will have to equip a kitchen and a place for eating, obtain permission from Rospotrebnadzor for this.
- Furniture, equipment, inventory must also meet safety and sanitary standards. For goods purchased for children's institutions, request certificates.
- Without the presence of educational programs, a license cannot be obtained. If you do not "cook" in this area, it will be difficult for you to independently develop documents that meet state standards. Give it to your teachers. As a last resort, take the programs of other institutions as a model or pay for the work of an experienced methodologist. Approve each program with the signature of the head.
- The teaching staff of the educational institution must be formed before applying for a license. Education according to the profile, qualifications, length of service of employees must be confirmed by relevant documents.
- Do not forget to purchase educational literature, teaching aids, equipment and technology for conducting classes.
Now you are ready to license. It remains to collect a package of documents, write an application and pay a fee - 6,000 rubles.
List of license documents
To obtain a license for the educational activities of an LLC, the following set of documentation must be submitted to the Ministry of Education:
- Charter of the legal entity (notarized copy).
- Certificate of state registration (OGRN). Evidence of amendments to the Unified State Register of Legal Entities, if any. All copies are notarized.
- Decisions on the creation of an LLC, on amendments (copies signed by the director).
- Certificate of tax registration (TIN).
- Title documents for educational premises and territories (registered lease agreement, certificate of ownership).
- Training programs approved by the head. If necessary - agreed and certified according to the profile.
- Curricula: type of education, level, name of the program and terms of its development, teachers.
- Information about the employees: copies of diplomas and work books of the teaching staff.
- Certificate confirming the material and technical equipment of educational activities. The document is drawn up according to the form approved by the Ministry of Education and Science (Order No. 1032 dated December 11, 2012), signed by the director.
- Sanitary conclusion of Rospotrebnadzor on the suitability of the premises for educational events.
- Certificate of availability of conditions for nutrition, health protection of students (if necessary).
- Conclusion of the State Fire Supervision.
- If a license is obtained for a branch, structural unit - a decision on the creation, a certificate of registration, Regulations on the branch in copies.
- Payment order for payment of state duty.
- Description.
The head of the organization must take the application with the attached documents and passport to the licensing authority. In the constituent entities of the federation, these are education management bodies - regional, republican, regional ministries, departments and committees. It is allowed to send an application by mail.
Individual entrepreneurs who work with the involvement of third-party teachers act in a similar way, with the exception of minor differences in the list of papers: they do not have constituent documents. Otherwise, everything is the same, however, professional registrars argue that it is more difficult for an individual entrepreneur to obtain a license for educational activities than for a legal entity.
Licensing procedure
The licensing authority accepts the application according to the inventory, putting a mark on receipt. The date indicated on the inventory is the moment from which the procedure officially begins:
- For no more than three days, specialists from the Ministry of Education evaluate the applicant's documents for completeness and correctness. If deficiencies are found, the papers are returned to the applicant for revision - the correction period is 30 days.
- If there are no claims to the documentation, the verification stage begins. The reliability of the information and the compliance of the conditions of the applicant with the licensing requirements are being studied - both on paper and on site. Exit control is carried out in agreement with the applicant and in compliance with his legal rights.
- Approval or refusal of a license is accepted by the Department for Supervision in the Educational Sphere within 60 days from the date of registration of the application. If, based on the results of the audit, the specialists considered the issuance of a permit inappropriate, such a decision must be justified. Refusal is legitimate only for two reasons: the provision of false information and conditions that are not suitable for conducting licensed activities.
- The issued educational license is valid indefinitely, but the bodies of the Ministry of Education and Science have the right to suspend it, revoke it if the licensee violates the established requirements.
Disagreement with a negative verdict, as well as actions of inspectors that go beyond the scope of authority, can be appealed by the applicant in court.
Do you get a license?
Difficulties in obtaining an educational license cause training organizations to have an understandable desire: to avoid this procedure. Commercial firms, engaged in under-licensed activities without appropriate documents, fall under the article on illegal entrepreneurship. This offense is punishable by:
- administrative sanctions in the form of a fine of 2000 rubles. for individuals up to 50,000 rubles. - for legal entities (Article 14.1 of the Code of Administrative Offenses);
- criminal punishment - a fine up to 300,000 rubles, arrest up to 6 months, forced labor up to 480 hours (Article 171 of the Criminal Code);
- criminal prosecution for a group of persons - imprisonment up to 5 years, a fine - up to 500,000 rubles.
When it comes to non-profit educational institutions, they have no other choice but to work with the permission of the Ministry of Education and Science. But even here it is not without violations. For them, for activities without a license, administrative liability is provided: a fine of up to 250,000 rubles. under the article of the Code of Administrative Offenses 19.20 part 1.
In any case, the punishment for not having a license is quite serious. The losses that occur as a result of administrative, and even more so, criminal prosecution, are incommensurable with the efforts that have to be made to obtain permits.
Since 2013, commercial organizations and individual entrepreneurs have received the right to provide services in the field of education on a par with non-profit organizations. Services in the field of education. We have previously considered the complete This article will tell you how to get a license for an educational.
Who needs a license
First, let's find out when a license for educational activities is not required. Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on licensing educational activities, indicates only one such possibility. A license is not required if the services are provided personally self-employed. These are the services of tutors, private teachers, studios, circles, etc., where the classes are conducted by the entrepreneur himself, who has the appropriate education and work experience.
We draw the attention of individual entrepreneurs - if you hire other pedagogical workers, then a license for educational activities of an individual entrepreneur is required. At the same time, employees of a different profile who do not directly provide educational services can be hired without a license.
In the previous edition, the regulation on licensing educational activities allowed for another opportunity to work without a license - if, following the results of training, a final attestation was not carried out and a document on education was not issued. It is still possible to conduct trainings, seminars, lectures without a license, for which supporting documents are not issued, but such activities are not called educational, but cultural or leisure.
The list of services for which a license is required includes the following types of education: preschool, general, secondary vocational, higher, additional general education, additional vocational education and education of religious personnel of religious organizations.
Obtaining a license for educational activities is a complex and lengthy process. Only the consideration of documents and the decision to issue a license or to refuse to issue a license takes 60 days. And before that, we need to prepare a number of permits from other government agencies and develop our own educational programs. And yet, a business in the field of education can be called profitable, so if you want to engage in this area, then you need to go through the licensing procedure once.
The license is issued indefinitely, and if you do not re-register it, then you will no longer have to contact the officials on this issue.
Licensing Requirements
The Licensing Regulation establishes the following requirements for applicants in 2018:
- own or rented building (premises) corresponding to the declared educational programs;
- sanitary and epidemiological conclusion for this room;
- material and technical support of educational activities in accordance with the requirements of federal standards;
- compliance with the conditions for protecting the health of students;
- own developed educational programs ;
- printed and electronic educational and information resources for these programs;
- full-time or involved under a civil law contract teaching staff with professional education and work experience.
For a complete list of requirements, depending on the type of education, see the text of the Resolution.
In the regulations governing the licensing of educational activities, the issue of the organizational and legal form of the licensee is not quite clearly considered. The law on education No. 273-FZ gives the following concept of an educational organization: "a non-profit organization that carries out educational activities on the basis of a license as the main activity." The concept of "organization carrying out training" means a legal entity that conducts this activity as an additional one.
- educational organizations;
- organizations providing training;
- individual entrepreneurs engaged in educational activities.
A license for the right to conduct educational activities can be obtained regardless of the legal form and commercial orientation of the licensee. At the same time, an LLC can obtain a license for educational activities if this line of business is additional, and not the main one.
Documents for obtaining a license
The license applicant must document that he has created all the necessary conditions for the provision of services in the field of education. To do this, collect the following package of documents:
- license application;
- a document confirming the right to use the premises (a copy of the certificate of ownership, lease or sublease agreement);
- a copy of the charter of the LLC or a copy of the IP registration certificate;
- a copy of the record sheet of the Unified State Register of Legal Entities or EGRIP;
- a copy of the certificate of tax accounting of LLC or individual entrepreneur;
- copies of the conclusions of the SES and the State Fire Supervision Authority on the compliance of the premises with the necessary requirements;
- certificate on the conditions for the functioning of the electronic information and educational environment;
- information about printed and electronic resources;
- certificate of teaching staff;
- certificate of approval of educational programs;
- certificate on the conditions for obtaining education by students with disabilities;
- certificate of material and technical support;
- confirmation of payment of state duty in the amount of 7500 rubles;
- list of documents.
Reference forms are available on the website of the Ministry of Education.
Procedure for obtaining a license
Licensing of educational activities is carried out by Rosobrnadzor and regional executive bodies. You should contact Rosobrandzor if you plan to open:
- higher educational institution;
- organizations of federal importance;
- a Russian organization located outside the Russian Federation;
- foreign organization on the territory of Russia.
You can make an appointment at Rosobrandzor online on the official website.
In other cases, contact the regional government agencies that have the right to issue licenses. The contacts of these institutions are published on the website of Rosobrandzor, to find them, select your region on the interactive map.
The procedure for obtaining an educational license consists of the following steps:
- Study SNiP and SanPin for your field of study.
- Prepare the room and equip it according to the requirements and standards.
- Get the conclusion of the SES and the fire inspection on the premises.
- Develop and approve educational programs.
- Make sure that the teachers of your organization have the necessary documents on education, qualifications, work experience.
- Purchase furniture, equipment, appliances, educational literature, teaching aids for conducting classes.
- Pay the state fee for issuing a license.
- Submit documents to the licensing authority.
Documents are accepted according to the inventory, if defects are found in them, then they are returned to the applicant for revision (up to 30 days). After that, the stage of verifying the reliability of the submitted information begins, and not only documentary, but also with a site visit. Within 60 days from the date of registration of the application, officials issue a permit or refusal to obtain a license.
Refusal must be motivated and possible on two grounds: unreliable information or lack of conditions for the learning process. The stamp duty is non-refundable in case of refusal.
What happens if you work without a license
For the provision of education services without a license, administrative, tax and criminal liability is provided. The amount of fines can reach 500 thousand rubles, and the term of imprisonment - up to five years. Of course, such severe punishment is extremely rare when the work without a license has caused major damage or a large amount of income has been generated.
In addition, the provision of services without a license reduces the competitiveness of an educational organization:
- there are no benefits when participating in an auction for the right to lease municipal real estate;
- a document on education or advanced training is not recognized;
- students in an unlicensed organization cannot receive a tax deduction for tuition costs;
- serious advertising sources do not accept ads from such organizations.
The current system in the Russian Federation additional education(DO) allows adults and children to gain knowledge that goes beyond the mandatory state standards of education.
You can get it on a paid and free basis in budgetary and commercial educational institutions.
Since 2015, individual entrepreneurs have received the right to provide services in this area.
EC programs for children and adults have different goals. The first are aimed at the development of the child, his horizons. Services for children are provided in circles and clubs.
DO for adults is postgraduate professional development. The need for it arises among specialists in various fields of activity.
Additional knowledge and profession increase the value of any employee in the labor market. You can get DO on a paid and free basis. To do this, you must have a higher or secondary specialized education.
- Advanced training (designed to teach new skills to workers in various fields of activity within their profession).
- Retraining (within the framework of the program, people receive a new profession).
- Internship (the purpose of training is to consolidate theoretical knowledge in practice).
Important! The presence of DO is confirmed by a diploma, certificate or certificate.
These documents have legal and image effect if they are issued by educational institutions operating on the basis of a relevant license. All additional education programs comply with state standards.
Is permission needed?
In 2015, the Russian Federation adopted Federal Law No. 99 regulating licensed activities in the country.
In distance education, it is carried out by types and levels of education, professions, specialties and other indicators. The license is an official permit document. It may be in paper or electronic format.
The procedure for issuing a license is determined by three main regulations:
- Federal Law No. 273 (2012);
- Federal Law No. 99 (2011);
These regulations do not apply to teachers (IEs) who provide educational services without the involvement of other persons. For more details, read the article at the link.
Reference! There is no need to issue a license to organizations that do not issue documents on distance education and conduct training trainings and seminars.
Who issues?
The list of organizations issuing licenses for educational activities is defined in article 3 Federal Law No. 283. This right is granted to federal and regional executive authorities:
- ministries;
- committees and departments of education.
PP №966, adopted in 2013, granted the right to issue . After receiving an application for the issuance of a permit document, they must issue a license within 45 days. The license term is determined article 9 of the Federal Law No. 99. It is issued indefinitely..
Subtypes of DOs subject to licensing
Organizations providing DO services, regardless of the form of ownership are required to issue a license for their activities if they are engaged in:
- preschool or general education;
- professional training of specialists or their retraining.
Services can be provided by both commercial and non-commercial organizations. The current legislation does not require a license from tutors and private teachers.
There is no need to receive it for those organizations that do not conduct attestations and do not issue documents on the education received. Their educational services are cultural or leisure.
Difference between children and adults
DO for adults aimed at vocational training of qualified specialists. Their training programs are compiled in accordance with the needs of the customer of the service.
Goal BEFORE children- Solving the problems of education. It is aimed at developing the creative potential of the child and expanding his horizons.
Requirements for applicants
The list of requirements for license applicants is defined in PP №966.
They must have:
- The room in which the learning process will take place. It must be owned or long-term leased by service providers.
- Material and technical support necessary for the educational process.
- Programs and teaching methods that meet state standards;
- SEZ on the compliance of the organization of the educational process with SaNPiN.
The premises used for educational activities are presented safety and health and safety requirements. The staff of organizations conducting educational activities should have appropriately qualified specialists.
Acquisition cost
When issuing a permit, payment is due state duty and invoice for examination.
The amount of the state duty, in accordance with the Tax Code of the Russian Federation, is 7500 rubles.
The cost of an expert opinion depends on scope of work and is determined by agreement of the parties.
Required documents
Permit is issued on the basis of an application. It has a standard form, which is developed by the regional bodies of the Ministry of Education. Along with it, a package of documents is submitted. Its composition includes:
- Notarized copies of documents providing complete information about the applicant (charter, memorandum of association, TIN, ORGN, etc.).
- Certificate of ownership or long-term lease agreement for the premises intended for educational activities.
- Curricula and plans.
- Information about the material and technical equipment.
- Sanitary conclusion on the suitability of the premises.
- The conclusion of the bodies of the State fire supervision.
- Receipt of payment of state duty.
After submitting the documents, the applicant is issued a license or a reasoned written refusal.
How to get: Algorithm
For the implementation of educational activities, it is necessary register as a legal entity or individual entrepreneur.
The current legislation makes it possible to provide services for subsidiaries to organizations of all forms of ownership. Followed by:
- Find a place to work and bring it in line with safety, sanitation and hygiene requirements.
- Develop and approve methods and training programs.
- Pay state duty.
- Submit documents for licensing activities.
The decision to accept an application for licensing is made within 3 working days from the moment it was submitted.
The term for consideration of documents, in accordance with the current legislation, cannot exceed 60 days.
You can submit documents in person, electronically, through the MFC or by registered mail.
Penalties for working without a permit
Provision of DO services without permits entails administrative or criminal liability under Article 171 of the Criminal Code of the Russian Federation. It provides for punishment for heads of companies and individual entrepreneurs in the form of:
- fine up to 300 thousand rubles;
- completion of compulsory work in quantity 480 hours;
- arrest before 6 months.
A more severe punishment is provided for a group of persons who violated the legislation in force in the field of the provision of educational services. The amount of the penalty for them has been increased. up to 500 thousand rubles, and the period of arrest - up to 5 years.
Useful video
A short video that talks about the general points in, including for additional education:
Requirements for the provision of services for additional education are defined Federal Law No. 273. Its action extends to educational institutions of all forms of ownership.
In September 2013, a new version of the law "On Education in the Russian Federation" No. 273-F3 came into force. Along with other provisions, the article on licensing educational organizations has undergone significant changes. This point is extremely important, since educational centers (dance schools, foreign language courses, yoga studios, creativity centers) function in the general education system.
What legal forms require a license?
According to the Law, almost all organizations conducting educational activities are subject to licensing (Article 91, paragraph 2): activity directly.
Another innovation is that individual entrepreneurs who involve other pedagogical workers in the implementation of educational activities had to obtain a license before 01/01/2014 (Article 108, paragraph 10).
What activities are subject to licensing?
The range of types of education, according to the new law "On Education", is quite wide (Article 91, clause 1): by subspecies of additional education”. A license for foreign language courses is required in the same way as for a dance school.
Who issues the license?
The issuance of educational licenses takes place at two levels (Article 91, paragraph 3): “by the federal executive body exercising the functions of control and supervision in the field of education, or by the executive body of the constituent entity of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education” . This body is the Federal Service for Supervision of Education and Science. In Moscow, the executive body is the Department of Education of the City of Moscow.
List of required documents
1.2. Development period.
1.3. Type, level of education.
1.4. Lecturer, leader.
1.4.1. FULL NAME.
1.4.2. Basic education, advanced training, retraining.
1.4.3. Academic degree, qualification category, honorary title.
1.4.4. Pedagogical experience is general (of which in this discipline).
1.4.5. Main place of work, position; conditions of involvement in labor activity in the organization.
For individual entrepreneurs, this list is relevant, with the exception of items related to legal entities (Charter, Decision on creation).
Terms and payment
The term for preparing documents for licensing is from 3 working days. The term for consideration of documents by the licensing authority is 45 working days. The license fee (since 2013) is 6,000 rubles. The bill for the work of the expert commission is paid separately (about 6000 rubles)
How long does it take to have a license?
For individual entrepreneurs, the deadline for issuing a license is January 1, 2014. All other types of organizations are required to issue a license before January 1, 2016. The validity of licenses for educational activities, issued earlier, continues. They must be re-registered before 01/01/2016 (Article 108, paragraph 9).
Is it worth using intermediaries?
For registration of an educational license, intermediary firms take from 30,000 rubles. up to 100,000 rubles If the intermediary company works without the use of corruption schemes, then you still have to collect the entire package of documents, and you will not save time. The intermediary firm only helps to determine the list of documents. Checking your premises by the Ministry of Emergency Situations and SES will also take the allotted time. It will not be possible to get an educational license very quickly. If an intermediary company promises to issue a turnkey license in 2 days, in this case you are supporting corruption by ordering their services. To conduct a preliminary examination of documents, you can go to a free 15-minute consultation with the Department of Education. You will be competently told all the details, but you will have to stand in line for 30-40 minutes.
Penalties for working without a license
For the implementation of educational entrepreneurial activities without a license, you can be held criminally liable under Article 171 of the Criminal Code of the Russian Federation. Punishment under this article can be a fine of up to 300 thousand rubles, compulsory work up to 480 hours, arrest for up to six months. If it is proved that the activity was carried out by a group of persons by prior agreement, then fines can reach 500 thousand rubles, and sentence to forced labor and imprisonment for up to 5 years.
Can students be issued certificates?
Paragraph 15 of Article 60 directly says that now training centers have the right to issue any documents that can only be invented: even diplomas, certificates or certificates, even medals: “organizations engaged in educational activities have the right to issue to persons who have mastered educational programs, according to which it is not provided for the final certification, documents on training according to the model and in the manner that are established by these organizations independently.
Case Study - Training Center
“When we started filling out the documents, we found out a lot of interesting details, for example, any curriculum can be specified. Most of the time was spent inspecting the premises, even had to measure the level of microbes and show the evacuation plan in case of fire. Don't tell SES that you use computers! Otherwise, they may be forced to measure the level of radiation. By the way, the license is issued indefinitely. But, if the lease term of the premises is limited, then the license can be given for the lease term.
Anastasia Fomina, Head of the training center "National Project", Moscow
Another case from practice - foreign language courses
“Checking the premises is a completely unpredictable process, it can take several weeks, it's as lucky. Everything else is quite simple, it took only one day to collect the rest of the documents. Getting an educational license for foreign language courses turned out to be easier than we thought.”
Kristina Gugnyaeva, head of foreign language courses "Deutschkurse", Moscow
Summary
- confirms the proper level of the training center (availability of classrooms, teaching aids, etc.), which strengthens the business reputation of the organization;
- gives the right to the training center to issue to its students a document of its own sample on the courses taken, which is an additional marketing tool.
