Open Institute - Higher Professional School (OI HPS). Non-state educational institution: participant in legal relations in the field of education Licensing, certification and accreditation of an educational institution

Those who do not go to university as a temple of science go to it as the threshold of a career.

DI. Pisarev

Moscow universities are considered the most prestigious and occupy high places in the rankings of universities in Russia and the world. There are many excellent universities in other cities of Russia (St. Petersburg, Novosibirsk, Kazan, Ufa), but traditionally the capital of a great country is an educational, scientific and cultural center. All achievements of scientific and technological progress first appear in Moscow, and then spread throughout Russia.

In Moscow, as in other regions, since the early 90s of the twentieth century there has been a division into state and non-state universities. State ones, as a rule, have a long history and are based on the material base of universities created at the beginning of the 20th century, and some - in the 19th century. Such universities are famous for their educational traditions, technical equipment, and rich libraries. And, most importantly, stability. Education received at state universities and institutes in Moscow meets the most stringent state standards and is considered high quality and prestigious. Diplomas from strong state universities are not questioned and are recognized by all employers without exception. Such capital leaders of university education as Moscow State University or Moscow State Technical University named after. Bauman N.E. provide world-class education. For many applicants, benefits that only state universities can offer are important: dormitory for non-residents, deferment from the army, military department, preferential travel ticket.

All state universities in Moscow are divided into groups: academies, universities, institutes, conservatories. In every field of knowledge there is a university that is recognized as the best. Of course, Moscow State University. Lomonosova M.V. by definition, dominates all universities, but this does not mean that all other universities are worse. For example, in technical terms, MSTU named after. Bauman N.E. is at the same level as Moscow State University. And in the field of universities in foreign languages, the leaders are MSPU and MSLU named after M. Thorez. Moscow State University is only in 3rd place in this ranking.

The only drawback of state universities is a large competition and a high passing score, and therefore it is not easy to enter the budget department. And the cost of studying at state institutes and universities in Moscow is unaffordable for most applicants.

Non-state universities have their advantages over state ones. Firstly, many of them provide education at a level not lower than the state level, since professors, doctors and candidates of sciences are involved in the educational process, and new generation educational and methodological complexes are being introduced that promote broad-based, original and creative thinking. Secondly, the passing grade is much lower here and the opportunity to enroll is higher, as well as the cost of training is lower. Thirdly, it is easier to combine study with work.

Our database contains universities in Moscow and the Moscow region, all information on which has been carefully edited in accordance with the reorganization and consolidation as of May 1, 2016. The following have been updated on the university pages:

• contact information with telephone numbers and email addresses of admissions committees;
• main directions and profiles of study with information about second higher and additional education;
• descriptions of universities.

A section of our database will help you choose a suitable university, in which universities, academies and institutes in Moscow are distributed according to profiles and areas of training: pedagogical, technical, medical, construction and architectural, etc. Each applicant has a rough idea of ​​what he would like to do in life , in which direction to receive education. Having chosen a suitable direction on the website, you can see a whole list of universities that have faculties in their field of education. Now all that remains is to choose one university from several, focusing on personal preferences - public or private, forms of education, the availability of a dormitory, deferment from the army, internships at partner universities, the quality of the teaching staff, the achievements of the university and individual graduates, their relevance, extensiveness international contacts, laboratory equipment.

Despite the many years of study ahead and its complexity, we must always remember that the impossible is possible with the right choice of path, determination, perseverance and high ambitions! “Nulla tenaci invia est via” translated from Latin means: “For the persistent, the impossible is possible.” This is the basis of progress in the development of all humanity and the individual. “Certainty of purpose is the starting point of all achievement,” said the great W. Clement Stone.

The only way to do great things is to love what you do

In the last decade, non-state educational institutions have carved out their own niche in the educational field. Often the level of training of their graduates is not inferior to state educational institutions with a century-old history. And it's not strange. The activities of non-state educational institutions are regulated by the same regulatory requirements as the activities of state ones. Having passed the certification procedure, they acquire the right to issue graduates with state-standard documents confirming the education they have received, and after passing, to receive funding from the state and municipalities on a general basis.

Domestic legislation does not contain a definition of non-state educational institutions. In law enforcement practice, NOU usually means an organization created by private individuals, commercial or non-profit structures that provides services in the field of education and/or raising children. Non-state educational institutions are established in the organizational and legal forms stipulated by the Civil Code of the Russian Federation. They are regulated primarily by Federal Law 237 “On Education in the Russian Federation” and, in many respects, by relevant by-laws.

The management of a non-state educational institution can be carried out by the founder himself, or by a board of trustees formed by him. The management scheme of the non-state educational institution and the powers of the board of trustees are determined by the owner (he has the right to delegate this function to the board of trustees), agreed upon with the teaching staff and recorded in the constituent documentation.

During the Soviet period, education was free. In connection with market transformations, the legislator legalized the possibility of collecting fees from students for the educational services provided to them. This became the prerequisite for the creation of non-state educational institutions. Among other things, tuition may be paid within the framework of state educational programs. At the same time, non-state educational institutions are not recognized as commercial structures; their activities are not aimed at making a profit.

The legislation of the Russian Federation on education applies to all specialized institutions, regardless of ownership, organizational and legal form and subordination. Non-state universities and other educational institutions are guided by the same regulatory requirements as state ones.

Contents and interpretation of the category LEU

The legislator did not provide a legal “NOU”. Despite the breadth of use in law enforcement practice, its content is not entirely clear. Let's analyze the term word by word.

1. "Non-state". Article 22 237-FZ divides educational organizations according to their form of ownership into state, municipal and private. In Russia, local communities are guaranteed independence, and municipalities are excluded from the system of government bodies. Strictly speaking, the logical scope of the concept of non-state educational institution is such that it includes all non-state (private and municipal) organizations. But in everyday life, the term “non-state” is synonymous with the concept “private”. The legal status of municipal educational organizations is more similar to the status of similar government structures than private ones.
2. "Educational." Education is a key area of ​​democratization of Russian society. Legislation on educational activities maintains a balance between the interests of individuals and society. It is addressed directly to the individual, establishing his right to education and its implementation. According to the National Doctrine of Education in the Russian Federation, the existing system is designed, among other things, to ensure: variability of curricula; ensuring the necessary degree of individualization of education; variety of types of educational institutions.
3. "Institution". The concept and features of institutions as an organizational form are reflected in Part 2 §7 Chapter 4 of the Civil Code of the Russian Federation.

The logical scope of the concept “LEU” depends on the context.

When the category under consideration is understood broadly, non-state educational institutions often include: municipal educational institutions; organizations for which educational activities are non-core; that are not institutions by organizational form.

NOU: features of the organizational and legal form

The legislator recognizes an institution in Article 123.21 of the Civil Code of the Russian Federation as a unitary non-profit structure created for the implementation of socio-cultural, managerial and other non-profit activities. The term “unitary” requires special explanation.

Unitarity means the absence of legal relations of membership. The founders of unitary organizations do not become participants in non-state educational institutions (Article 65.1 of the Civil Code). Accordingly, they are deprived of the opportunity to directly manage the activities of the legal entity they created and form its management bodies. In non-state educational institutions, these powers are exercised by a publicly acting collegial body - the board of trustees.

The founder of a non-state educational institution is recognized as its sole owner. The non-state educational institution itself owns the assets assigned to it with the right of operational management.

Co-founding in the creation of non-state educational institutions is unacceptable.

Non-state educational institutions are subject to Article 123.23 of the Civil Code of the Russian Federation on private institutions. The latter can be financed by the owners of their property in whole or in part. They are responsible for the obligations transferred to them for property management. The owner bears subsidiary liability in the amount of amounts missing to cover accounts payable.

An institution is not the only organizational and legal form in which a legal entity providing educational services privately can exist. Based on the content of 237-FZ, the creation of such an organization is possible in any form established by the Civil Code of the Russian Federation for non-profit structures.

So, the preferred and most common organizational and legal form of existence of a non-state educational institution is an institution, in the management of which a publicly operating board of trustees is of particular importance.

Types of LEU

In the context of 237-FZ, three independent concepts are distinguished:

Previously, the following typology of educational organizations was normatively defined:

• preschool
• general education (from primary to complete general education)
• primary, secondary, higher, postgraduate professional education
• additional education for adults
  remedial (for students with disabilities or developmental disorders)
• for actual and social orphans
• additional education for minors

237-FZ in its current version does not divide non-state educational institutions or educational organizations into specific types. Meanwhile, 237-FZ contains a reference to the need to indicate the organizational and legal form and type of educational organization directly in its name. The following types of LEU are distinguished:

• preschool (kindergarten, nursery)
• general education (school, boarding school, gymnasium)
• professional (technical school, lyceum)
• higher education (institute, academy)
• additional education (palace of children's creativity, art schools)
• organization of additional vocational education (institute for advanced training)

Depending on the field of activity, characteristics of the target audience and educational program, non-state educational institutions can be of different types.

Charter of NOU

The activities of state educational institutions are imperatively regulated by standard regulations and those developed on their basis. Examples:

• standard regulations on educational institutions for additional education of children, approved. By Order of the Ministry of Education and Science of Russia No. 504 dated June 26, 1995
• standard regulations on educational institutions for additional professional education of specialists

The above and other standard provisions for non-state educational institutions serve as exemplary ones. The legal regulation they provide is dispositive. This legislative provision corresponds to the provisions of paragraph 5 of Article 12 237-FZ: unless otherwise provided by law, the Charter of the NOU is developed and approved by the NOU at its own discretion.

The Charter of the NOU consists of the following sections:

1. “General provisions” - the section displays a list of types of educational activities being implemented, the essence and direction of educational programs, the content of additional services provided, and the tasks of the educational institution.
2. “Organization of the activities of non-state educational institutions” contains a description and conditions for the creation, reorganization and liquidation of the institution. The section may contain a link to the possibility of creating branches and joining NOUs to associations and unions. The operating mode of the LEU is also displayed here.
3. "Participants in the educational process." The section contains a description of the rights and obligations of the administration, teachers, students, as well as a link to ways for parents to participate in the educational process (relevant for children).
4. “Management of NOU” displays the procedure for adopting the charter, the list and procedure for forming the governing bodies of NOU, and their powers.
5. “Property, financial support for the activities of non-state educational institutions” contains a reference to the property right under which property is transferred to the organization, possible sources of obtaining funds and methods of disposing of them.

Information required to be displayed in the Charter of the non-state educational institution

• Name
• type and (school, university)
• organizational form
• type of ownership
• information about the founders
• features of the educational process, namely:

1. reasons and procedure for recruiting students
2. duration of training
3. mode of conducting classes
4. description of the system for assessing students' knowledge and skills
5. Availability of additional courses, order of their implementation

• LEU management procedure:

1. system of management bodies and the competence of each of them
2. competence of the founder
3. way of organizing activities and making decisions (relevant, first of all, for collegial bodies)
4. requirements for teaching staff and conditions for hiring teachers
5. payment procedure
6. procedure for amending the charter

• rights and obligations of participants in the educational process

State registration of non-state educational institution

Being a legal entity, a non-state educational institution is subject to registration in the Unified State Register of Legal Entities, the Federal Tax Service, pension and other funds. For state registration of non-state educational institutions, the following documents are required:

• studying programs
• proof of location (for example, certificate of ownership of the founder + letter of guarantee, lease agreement)
• documents of the future manager (passport and TIN certificate)
• founder's documents
• founders - an individual with Russian citizenship
• copies of passports
• certificate of assignment

The package of documents relating to the founders depends on their status.

Citizens of the Russian Federation submit:

• copy of passport
• certificate of TIN assignment

Foreign individuals submit:

• identity document (for example, a foreign passport of a foreign country) with a notarized translation
• confirmation of the right to permanent residence in the Russian Federation
• certificate of assignment of a TIN (if the foreigner received such a code in the Russian Federation)

Russian organizations submit:

• certificate of state registration or entry of information into (choice of document depending on the date of state registration of the company)
• Charter
• memorandum of association
• tax registration certificate
• power of attorney for a representative of a legal entity

Foreign legal entities submit:

• Charter
• an extract from the register of legal entities of your country
• certificate from the Federal Tax Service on assignment of a tax number in the Russian Federation
• a certificate from a banking institution confirming the availability of a current account
• to a representative authorized to carry out registration actions

Licensing, certification and accreditation of an educational institution

Educational activities in Russia are subject to licensing. obligatory for organizations that teach preschool, general, postgraduate, and additional education programs. In addition, a license is needed for career guidance, provision of military education services, and training of scientific personnel.

In Russia, only individual labor activities related to the provision of educational services, organization and conduct of one-time lectures, seminars and master classes are not subject to licensing, if upon completion of them documents on advanced training are not issued. By virtue of Art. 33 237-FZ educational licenses are unlimited.

Non-state educational institutions are subject to mandatory certification, which is a form of state and social control over the activities of educational institutions. The essence comes down to establishing compliance of the content of educational programs, the level and quality of training of graduates with all the requirements of state standards.

Accreditation of non-state educational institutions is carried out by the Ministry of Education and Science of Russia on a contractual basis. The certification is initiated by the non-state educational institution itself, due to the reserve of the right to issue documents on state education. Certification includes the following stages:

• self-examination
• external certification examination
• making a commission decision

Accreditation is the official recognition of the fact that educational services of educational institutions comply with state standards. The main consequence of accreditation of non-state educational institutions is their inclusion in the system of centralized state or municipal financing. In addition to state accreditation carried out by government bodies, there is also public accreditation to a large extent.

A positive result of a public examination increases the prestige of a university, but has no legal significance. Certification and accreditation entail different consequences, but the principles and mechanisms of implementation are similar.

Thus, a non-profit educational institution is a non-profit, non-governmental organization that provides educational services for a fee. NOUs can operate in different market segments from preschool to vocational. However, the largest number of non-state educational institutions in the Russian Federation are universities.

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Status: Non-state
Founded: 1997
License: No. 1957 dated February 24, 2016
Accreditation: No. 0167 dated July 25, 2012

The private educational institution of higher education "Open Institute - Higher Professional School" was founded in 1996 as the Continent Academy.
In October 2007, it was renamed the “Academy of Socio-Economic Development”, and in 2012 it received the name: Non-state educational institution of higher professional education “Humanitarian-Economic and Technological Institute” (NOU VPO GETI).

Since January 2016, it has been renamed into the Open Institute of Higher Education - Higher Professional School.

From the moment of the organization of the institute until September 2013, the permanent head and rector was Alexander Grigorievich Sharov, Doctor of Economic Sciences, Professor.
Thanks to the efforts of the rector and the friendly staff of the institute, a high rating of competitiveness of graduates has been achieved, and good and good traditions have developed at the university. The first vice-rector for academic affairs, candidate of technical sciences, associate professor Alexey Nikolaevich Popov, made a great contribution to the activities and development of the institute.

During the existence of the institute, changes have occurred in its structure and priority areas. So in 2012, the private educational institution of higher education OI-VPS opened a new direction for training students: electrical power engineering and electrical engineering.

Since 2011, the implementation of master's programs in psychology, management, and jurisprudence began. In the summer of 2013, the first graduation of masters took place. The quality of the educational program and the training of master's graduates was assessed by the commission of the Federal Service for Supervision of Education and Science and a Certificate of Accreditation of master's programs was issued.

In accordance with the Bologna Convention and the reform of Russian education, the institute began training bachelors in accordance with the Federal State Educational Standards of the third generation in 2011. In this regard, the priority area is not only the preparation of graduates with the necessary amount of knowledge in a competitive area, but also the formation of professional competencies. Therefore, the teaching staff strives to develop in students a clear life position, professional qualities, the ability to think creatively, prove and defend their point of view.

According to the results of monitoring in 2013 by the Russian Ministry of Education and Science, the activities of the institute were recognized as effective.

The achievements and successes of the entire team pose new tasks for the development and improvement of the institute, increasing its competitiveness.
In accordance with the development strategy and mission of the institute, it is planned to take a high place in the ranking of non-state universities.