Licensing of higher education. How to obtain a license for additional education

Since 2013, commercial organizations and individual entrepreneurs have received the right to provide services in the field of education on an equal basis with non-profit organizations. Educational Services. Previously we looked at the complete In this article we will tell you how to obtain a license for educational.

Who needs a license

First, let's find out when a license for educational activities is not required. In Decree of the Government of the Russian Federation of October 28, 2013 N 966, which approved the regulation on licensing educational activities, only one such possibility is indicated. A license is not needed if services are provided personally individual entrepreneur. These are the services of tutors, private teachers, studios, clubs, etc., where classes are taught by the entrepreneur himself, who has the appropriate education and work experience.

We draw the attention of individual entrepreneurs - if you hire other teaching staff, then a license for educational activities of an individual entrepreneur is required. At the same time, workers of other profiles who do not directly provide educational services can be hired without a license.

In the previous edition, the provision on licensing educational activities allowed for another opportunity to work without a license - if, based on the results of training, a final certification was not carried out and a document on education was not issued. It is still possible to conduct trainings, seminars, lectures without a license, the completion of which does not require supporting documents, but such activities are not called educational, but cultural or leisure.

The list of services that require a license includes the following types of education: preschool, general, secondary vocational, higher, additional general education, additional vocational and education of religious personnel of religious organizations.

Obtaining a license for educational activities is a complex and lengthy process. Only reviewing documents and making a decision on issuing a license or refusing to issue it takes 60 days. Before that, we need to prepare a number of permits from other government bodies and develop our own educational programs. And yet, business in the field of education can be called profitable, so if you want to engage in this area, you need to go through the licensing procedure once.

The license is issued for an indefinite period, and if you do not re-register it, then you will no longer have to contact officials on this issue.

License requirements

The licensing regulations establish the following requirements for applicants in 2018:

own or rented building (premises) corresponding to the declared educational programs;
sanitary and epidemiological conclusion for this premises;
logistical 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 teaching staff or engaged under a civil contract with professional education and work experience.

For a complete list of requirements, depending on the type of education, see the text of the Resolution.

The regulations governing the licensing of educational activities do not clearly address the issue of the organizational and legal form of the licensee. The Law on Education No. 273-FZ gives the following concept of an educational organization: “a non-profit organization that carries out educational activities as its main activity on the basis of a license.” The concept of “organization providing training” means a legal entity that conducts this activity as an additional activity.

educational organizations;
organizations providing training;
individual entrepreneurs carrying out 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:

application for a license;
a document confirming the right to use the premises (a copy of the certificate of ownership, lease or sublease agreement);
a copy of the LLC charter or a copy of the individual entrepreneur registration certificate;
a copy of the Unified State Register of Legal Entities or Unified State Register of Entrepreneurs;
a copy of the tax registration certificate of an LLC or individual entrepreneur;
copies of the conclusions of the SES and State Fire Supervision 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 of conditions for obtaining education by students with disabilities;
certificate of logistics;
confirmation of payment of state duty in the amount of 7,500 rubles;
list of documents.

Certificate forms are available on the Ministry of Education website.

Procedure for obtaining a license

Licensing of educational activities is carried out by Rosobrnadzor and regional executive bodies. You must contact Rosobrandzor if you plan to open:

higher education institution;
organizations of federal significance;
a Russian organization located outside the Russian Federation;
foreign organization in 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. Contacts of these institutions are published on the Rosobrandzor website; 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 requirements and standards.
Obtain a conclusion from the SES and fire inspection for the premises.
Develop and approve educational programs.
Make sure that the teachers of your organization have the necessary documents on education, qualifications, and work experience.
Purchase furniture, equipment, technology, educational literature, and 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 deficiencies are found in them, they are returned to the applicant for revision (for up to 30 days). After this, the stage of checking the accuracy of the submitted information begins, not only documentary, but also with an on-site visit. Within 60 days from the date of registration of the application, officials issue permission or refusal to obtain a license.

Refusal must be motivated and is possible on two grounds: unreliable information or lack of conditions for the learning process. The state fee in case of refusal is not refunded.

What happens if you work without a license?

For the provision of educational services without a license, administrative, tax and criminal liability is provided. The fines can reach 500 thousand rubles, and the term of imprisonment can be up to five years. Of course, such severe punishment is applied extremely rarely when work without a license has caused major damage or large-scale 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 confirming receipt of education or advanced training is not recognized;
students studying in an unlicensed organization cannot receive a tax deduction for training costs;
serious advertising sources do not accept advertisements from such organizations.

The legislation regulating the sphere of educational services in Russia has changed quite significantly in recent years. On the one hand, now training can be carried out not only by government agencies, but also by commercial organizations, on the other hand, compulsory licensing of any such activity has been introduced. That is why the question of whether an educational license is needed in a particular case has become particularly relevant.

If you need a turnkey educational license without unnecessary bureaucracy, then order its registration from professionals.

Legislative acts determining the need for an educational license

Before considering the types of services when a license for educational activities is needed, it is necessary to list the main legislative acts regulating the field of education at present. These include:

Law “On Education in the Russian Federation” No. 273-FZ, issued on December 29, 2012
Law “On Licensing...” No. 99-FZ, signed on May 4, 2011
Decree of the Government of the Russian Federation No. 966, dated October 28, 2013

The first two mentioned Federal Laws contain the main provisions regulating the provision of educational services. The recently adopted Law on Education contains especially many innovations. It contains an affirmative answer to the current and burning question of whether an educational license is needed.

Developed and signed somewhat later, Resolution No. 966 contains a specific list of services when an educational license is needed, as well as a description of cases when obtaining one is not required.

Types of educational services that require a license to provide

The above legislative acts provide for the mandatory receipt of a license for educational activities if an organization or individual entrepreneur provides services in preschool, general, vocational, additional vocational education or vocational training. For a more accurate idea of the specific types of educational activities that are subject to licensing, each of them should be considered separately.

Preschool and secondary general education

A type of educational activity that absolutely every person encounters. After changes are made to federal legislation, such services can be provided by both non-profit and commercial organizations. At the same time, they are required to obtain a license.

Professional education

One of the most common types of educational services. It includes four levels:

secondary vocational;
higher education with a bachelor's degree;
higher education with a master's or specialist's degree;
higher education with the training of specialists of the highest category (postgraduate studies, internship, residency).

Only educational organizations have the right to provide vocational education.

Additional professional education

This type of educational services can only be provided by non-profit organizations. There are two main types of educational programs, the purpose of which is:

training;
professional retraining.

Professional education

Educational services for vocational training can also be provided by any organization, both commercial and non-profit. There are three types of programs:

training of workers by profession, employees by position;
retraining of workers and employees;
advanced training of workers and employees.

The types of services listed above contain an almost complete list of situations when a license for educational activities is required.

Cases when a license for educational activities is not required

Currently, current legislation provides for only one case when a license for educational activities is not required. It represents a situation in which the service is provided personally by an officially registered individual entrepreneur. However, he cannot hire other specialists, working only independently. Examples of such activities are the services of a tutor, a private teacher with the necessary work experience and education. Also, without a license, personal running of clubs, sections or studios is allowed, carried out by an individual entrepreneur without the involvement of additional specialists.

Before the entry into force of Resolution No. 966, obtaining a license was not required in cases where, as a result of study, certification was not carried out and a final document on the education received was not issued. Examples of such situations are trainings, seminars or lectures. Recent changes have led to the fact that this activity can be carried out without a license, but this is due to the fact that it is not educational. According to the new classification, such services are classified as cultural or leisure.

1. Educational activities are subject to licensing in accordance with the legislation of the Russian Federation on licensing of certain types of activities, taking into account the features established by this article. Licensing of educational activities is carried out by types of education, by levels of education, by professions, specialties, areas of training (for vocational education), by subtypes of additional education.

2. Applicants for a license to carry out educational activities are educational organizations, organizations providing training, as well as individual entrepreneurs, with the exception of individual entrepreneurs carrying out educational activities directly.

3. Licensing of educational activities is carried out by a licensing body - a federal executive body exercising control and supervision functions in the field of education, or an executive body of a constituent entity of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education, in accordance with the powers established by this Federal law.

4. The license to carry out educational activities (hereinafter also referred to as the license) has an annex, which is an integral part of it. The annex to the license contains information about types of education, levels of education (for vocational education, also information about professions, specialties, areas of training and qualifications assigned to the relevant professions, specialties and areas of training), subtypes of additional education, as well as addresses of places of implementation of educational activities, with the exception of places where educational activities are carried out under additional professional programs and basic vocational training programs. For each branch of an organization carrying out educational activities, a separate annex to the license is drawn up, also indicating the name and location of such branch. The form of the license, the form of the annex to the license and the technical requirements for these documents are established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.

5. Re-issuance of a license, along with the cases established by the legislation of the Russian Federation on licensing of certain types of activities, is carried out by the licensing authority in the following cases:

1) reorganization of legal entities in the form of merger if the acquired legal entity has a license;

2) reorganization of legal entities in the form of their merger if one reorganized legal entity has a license or licenses from several reorganized legal entities.

6. Re-issuance of a license, depending on the basis for its re-issuance, is carried out in full or in part of the corresponding application.

7. When reorganizing an organization carrying out educational activities in the form of joining it with another organization carrying out educational activities, re-issuance of a license is carried out on the basis of the licenses of such organizations.

8. In order to ensure the implementation of educational activities by an organization carrying out educational activities and resulting from the reorganization of the licensee in the form of division or separation, the licensing authority grants such an organization a temporary license in accordance with the license of the reorganized licensee. The temporary license is valid for one year.

9. An application for a temporary license and the documents attached to it are submitted to the licensing authority no later than fifteen working days from the date of making the relevant changes to the unified state register of legal entities.

10. The licensing body makes a decision to grant a temporary license within a period not exceeding ten working days from the date of receipt of the license applicant’s application for a temporary license and the documents attached to it.

11. The form of the application for a temporary license, as well as the list and forms of documents attached to it, are established by the federal executive body exercising control and supervision functions in the field of education.

12. The licensing authority makes a decision to return the application and the documents attached to it to the license applicant or licensee with a reasoned justification for the reasons for the return, along with the cases established by the legislation of the Russian Federation on licensing of certain types of activities, if one of the following grounds is present:

1) licensing of educational activities of a license applicant or licensee in accordance with this Federal Law is not within the competence of the licensing body;

2) educational activities are applied for licensing under educational programs that the license applicant or licensee, in accordance with this Federal Law, does not have the right to implement;

3) in accordance with the provisions on licensing educational activities, the licensee has an unfulfilled order from the federal executive body exercising control and supervision functions in the field of education, or an executive body of the constituent entity of the Russian Federation exercising powers delegated by the Russian Federation for state control (supervision) in field of education.

13. Licensing of the educational activities of educational organizations, the founders of which are religious organizations, is carried out on the proposals of the relevant religious organizations (if such religious organizations are part of the structure of centralized religious organizations, on the proposals of the relevant centralized religious organizations). When licensing the educational activities of religious educational organizations, information is provided on the qualifications of teaching staff who have theological degrees and theological titles.

14. The Ministry of Foreign Affairs of the Russian Federation collects and transmits to the licensing authority applications from foreign institutions of the Ministry of Foreign Affairs of the Russian Federation as license applicants or licensees for the grant or renewal of licenses and documents attached to such applications.

15. Licensing requirements and conditions established in the regulations on licensing of educational activities must take into account the features of:

1) confirmation of the legal grounds for the use by religious educational organizations of the premises in which educational activities are carried out, as well as the educational qualifications of the teaching staff of these organizations;

2) requirements for buildings, structures, structures, premises and territories of foreign institutions of the Ministry of Foreign Affairs of the Russian Federation, where educational activities are carried out, as well as for the organization of educational activities in them;

Law of July 3, 2016 N 305-FZ.

16. Features of licensing of educational activities of educational organizations that implement educational programs containing information constituting state secrets and are under the jurisdiction of the federal executive body in the field of security, the federal executive body exercising the functions of developing state policy, legal regulation , control and supervision in the field of state security, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of defense, the federal executive body exercising the functions of developing and implementing state policy and legal regulation in sphere of internal affairs, for the development of state policy in the field of migration, a federal executive body exercising functions for the development and implementation of state policy and legal regulation in the field of activities of the National Guard troops of the Russian Federation, in the field of arms trafficking, in the field of private security activities and in the field of private security, the federal executive body exercising the functions of developing state policy, legal regulation, control and supervision in the field of trafficking in narcotic drugs, psychotropic substances and their precursors, in the field of combating their illicit trafficking, other educational organizations implementing educational programs containing information constituting a state secret are determined by the regulations on licensing of educational activities.

(see text in the previous edition)

Educational activity is the provision of services in the field of education, training, personal or professional development. They can be provided by private companies and government agencies.

The main condition for conducting this activity is obtaining an appropriate license, the registration of which has many nuances.

For what types of activities is it needed?

Permission must be obtained in the following situations:

non-profit companies (private and public), whose main goal is to provide educational services and not profit;
commercial companies whose work is based on profits received from sales of services;
divisions of operating companies (their branches);
individual entrepreneurs (IP) who hire employees;
scientific enterprises.

All of these entities must provide services under one or more education programs, the list of which is specified in the Government Decree:

professional secondary or higher;
preschool;
complete, basic or initial general;
training in residency, postgraduate studies, assistantships, postgraduate studies;
undergoing retraining (qualification and professional);
additional education;
training.

Permission is not required to be obtained for individual teaching activities, raising and supporting children without implementing educational programs, or for one-time classes (seminars, internships or lectures). In the first case, the activity is subject to taxes. Therefore, it is mandatory, otherwise criminal liability may be applied.

The document provides the right to benefits, including tax benefits. The Law “On Education” exempts the relevant activities from all tax contributions, including on land.

Requirements and conditions of receipt

Obtaining a permit is a labor-intensive and time-consuming procedure. The applicant experiences the main difficulties at the initial stage, recruiting specialists, selecting premises and installing special equipment in it:

First of all, you need to prepare title documents for the premises and buildings where the training will be conducted. All facilities must meet fire and sanitary and epidemiological requirements. They must be built, repaired and operated. The necessary furniture and equipment must be installed inside in accordance with age standards and legal requirements. When planning to feed students, the kitchen and dining room must be equipped according to sanitary standards.
The next condition is the availability of educational programs developed and approved by the institution and corresponding to current standards. All available profiles must be agreed upon and attached to the set of documents.
Staffing with specialists with specialized education, qualifications, and experience is documented.
Coordination of the program by the manager, attachment of the necessary certificates.

All collected documents are supplemented by an application and compiled into a general set for inventory. During delivery, original documentation is provided to compare it with photocopies or certified by a notary. When sending documents by mail, they must be notarized.

After registration of the application, verification of all conditions by a specially created commission of experts within a month. Based on the inspection, a conclusion is issued, approved by all specialists.

If the information provided does not correspond to the actual implementation of the activity, sanctions are imposed on the applicant. The reason for refusal of a license may be non-payment state fees in the amount of 7.5 thousand rubles(Clause 92 of Article 333.33 of the Tax Code).

What documents will be required?

The list of required documents includes:

completed application;
original document confirming the identity of the applicant;
for a legal entity - notarized copies of constituent documentation;
copies of certificates certified by a notary: on amendments, tax accounting and state registration;
documentation on the ownership of premises, objects, territories;
document on material and technical equipment, conditions of catering facilities, health protection;
developed educational programs and curricula;
information about specialists (copies of work records and diplomas);
conclusions of the Ministry of Emergency Situations, SES, fire supervision on the compliance of objects with established requirements;
a document confirming the availability of conditions for people with disabilities;
information about electronic and distance learning;
receipt of payment of state duty;
a list of all documentation.

Other documents may be added to the list, depending on the type of institution and the chosen educational program.

The procedure for obtaining permission is discussed in detail in the following video:

Where should I submit them?

The head of the company submits a complete set of documents to the licensing structure. In the constituent entities of the Russian Federation these are regional, republican and regional ministries, committees, and departments. Documents can also be submitted to the Federal Service for Supervision in Education and Science.

The licensing authority accepts the set of documentation in accordance with the inventory and puts a mark. The inventory indicates the date from which the verification process begins.

Ministry specialists should no more than 3 days check the completeness and accuracy of the applicant’s documents; if deficiencies are identified, they are returned for revision (within 1 month).

If there are no complaints about the documents, their verification begins (accuracy of information, compliance of conditions with regulatory requirements). Upon agreement with the applicant, in accordance with his legal rights, on-site control may be carried out.

Refusal or approval of permission is accepted within 2 months from the date of registration of the application.

Receiving a refusal

The grounds for refusal of a license from an individual entrepreneur may be:

court decision banning teaching activities;
recognition of incapacity;
having a criminal record for serious crimes;
the presence of certain diseases;
lack of educational qualification.

General conditions for refusal include:

non-compliance with established requirements;
providing incorrect or distorted information;
presence of a previously revoked permit.

The applicant is notified within 3 days by notification by registered mail or in person. The decision must contain a justification indicating legislative acts.

Composition of the document

The license must contain the following information:

name of the structure that provided the document;
registration number and date of the decision to provide;
location and name of the applicant;
TIN of the licensee;
duration of action.

The document has an appendix that reflects educational programs, specialties and areas of training, duration of study, assigned qualifications, maximum number of students, etc.

Validity and price

An institution can obtain a permit for a certain period of time (for 1 year) or for an indefinite period. Cost of document preparation (payment of state duty) equal to 7.5 thousand rubles.

If the applicant cannot or does not want to deal with the registration on his own, then he can turn to the services of a special legal organization.

What happens if you work without a license?

Institutions carrying out educational activities without permission are classified as illegal entrepreneurs.

In accordance with Art. 14.1 of the Administrative Code, administrative liability is imposed on legal entities with a fine of 2 to 50 thousand.
According to Art. 171 of the Criminal Code may provide for criminal punishment - arrest for six months, forced labor for 20 days or a fine of up to 300 thousand rubles.
For some persons, criminal prosecution is envisaged with sanctions of up to 500 thousand rubles. or imprisonment for 5 years.
According to Art. 19.20 part 1 for non-profit companies, unlicensed activities are subject to a fine of up to 250 thousand rubles.

In each situation, serious penalties are provided for the absence of a document, in which the losses are not commensurate with the costs of obtaining documentation.

Do tutors need a license for educational activities? Returning to the topic of the need to obtain a license, we can talk separately about those who do not need it. Individual entrepreneurs who directly carry out educational activities themselves: tutoring, English teaching, drawing or modeling studios, etc., may not obtain an educational license.

By hiring workers whose duties are not related to teaching, an entrepreneur also may not obtain a license and can safely work legally.

In all other cases, educational activities cannot be carried out without a license.

Until 2013, according to the law, a license was not needed if, based on the results of training, certification was not carried out and the corresponding diplomas were not issued. Most often, such training includes trainings, lectures and seminars, conducted rather as elective training.

This type of training, with the entry into force of changes in current legislation, is not subject to licensing. Now such training programs belong to the class of leisure or cultural, rather than educational, and therefore an educational license is not required to conduct them.