This means there is room for education agreements. Conditions of admission under contracts for the provision of paid educational services

It is worth noting that situations can be different: from sending an employee to a higher educational institution to receive additional education, to sending him to various retraining courses. In this case, the employer is forced to enter into an agreement with an educational or other organization that provides relevant training services. The provision of educational services is regulated by the provisions of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”. The provisions of the law contain a list of essential terms of the training contract. It should be noted that when concluding a training agreement, the parties cannot establish rules that limit the rights of applicants and students in comparison with how they are formulated by law. In this article we will look at the features of concluding and verifying an agreement for the provision of paid educational services. As in the previous article, when making recommendations, we will use the algorithms offered by the program represented by the legal system.

1. Preamble

In the preamble of the agreement, it is necessary to indicate the names of the parties - who is the contractor and who is the customer, as well as indicate the persons authorized to act on their behalf when concluding a training agreement. The contractor can be an individual entrepreneur or a legal entity providing educational services. If the performer is a non-profit organization, then its constituent documents must provide for the possibility of carrying out income-generating activities, this activity must correspond to the goals of creating the organization, and the non-profit organization must have sufficient property to provide educational services. The contractor can be either an educational organization (professional educational organization, educational organization of higher education, organization of additional professional education), or an organization that provides training, but does not have educational status. It is also advisable to include in the contract information about whether the contractor has accreditation to provide services under the relevant educational program. Considering the above, it is reasonable for the customer to take measures to check the constituent documents and the accreditation of the contractor. On the customer’s side, any capable person, both an individual and a legal entity, ordering services can act. An education contract can be concluded directly by the person who will undergo training, or it can be an agreement for the provision of educational services to a third party (student). In this case, the customer is responsible for payment, but the student receives the service. This presupposes the possibility of concluding a tripartite agreement. In the preamble of such an agreement, in addition to the contractor and the customer, it is indicated who the student is, as well as the person authorized to act on his behalf when concluding the contract.

2. Subject of the agreement

An agreement for the provision of paid educational services (training agreement) is an agreement under which one party (the contractor) undertakes to provide educational services, and the second party (the customer) undertakes to pay for these services. Thus, the subject of the contract is the provision of training services. If the contract provides for training in an educational program, then this section must reflect its type, level or focus. Training can be carried out according to the main one (type: training of qualified workers or employees, training of mid-level specialists) or according to an additional educational program. The focus can be defined in the contract by indicating a profession, specialty, assigned qualification or otherwise. If the contract provides for the provision of one-time services (lectures or seminars), then it is necessary to describe their content and scope. The nature of the services provided can be described either directly in the text of the contract or in a separate appendix. In this section of the contract, the parties determine the availability of final certification, as well as the form of its implementation. If necessary, the contract can reflect the receipt by students who have not passed the final certification of a certificate of training. If the students are not a party to the agreement being concluded, then the parties must agree in the text of the agreement or in the appendix to it information about the students, as well as the requirements for them (level of education, work experience, age, etc.) The agreement reflects the availability and forms control of students, and the issue of students receiving documents confirming completion of training is also being considered.

3. Terms of service provision

The period of provision of educational services (duration of training) is an essential condition of the training contract. This circumstance means that if the parties do not agree on a period, the contract may be recognized as not concluded, which means that the customer, as well as the contractor, will not have the right to demand fulfillment of the terms of the contract by the other party. In this section, it is necessary to agree on the moment of the beginning of the term (study period), as well as the moment of the end of the study period. The parties also have the right to determine intermediate deadlines. The moment the period begins to run can be determined by indicating a calendar date or event (for example, the customer making an advance payment, signing an agreement). The end of the training period is determined similarly.

4. Procedure for provision of services

This section of the agreement requires the parties to agree on the following conditions: the form and place of provision of services, the technologies used in the provision of services, the schedule of classes, the admissibility of attracting subcontractors, the procedure for registering the results of the provision of services, the procedure for enrolling students in training, the responsibilities of the student. When concluding a contract for training in an educational program, the parties determine the form of training (full-time, part-time or part-time), as well as the admissibility of using e-learning and distance technologies. Undoubtedly, the use of the latest methods can be extremely convenient for the customer-employer; moreover, distance learning often involves significantly lower costs compared to training that requires the presence of the student at the place of service provision. However, the customer of educational services must take into account that the Ministry of Education and Science of the Russian Federation establishes a list of professions for which training cannot be used exclusively by e-learning or distance technologies. The condition regarding who (the contractor or the customer) provides the equipment and software for training may be of significant importance. To avoid conflicts, it is advisable to define this in the text of the contract. It is also necessary to reflect what teaching materials and access to what information resources (library, archive) the contractor provides. Considering the fact that training can take place while the employee is performing his job functions, the customer may be interested in coordinating the training schedule. In this case, the schedule and intensity of the load are reflected by the parties in the text of the agreement or in an appendix to it. Not the entire volume of educational services can be provided by the contractor independently. For example, individual seminars can be conducted by persons invited by the performer. To resolve such situations, the parties have the right to provide in the contract for the admissibility of involving third parties in the provision of educational services (sub-contractors), as well as establish a list of permissible sub-contractors and the requirements for them. If the parties to the contract do not reflect the requirements for third parties engaged by the contractor to provide services, then the right to select a sub-contractor is granted to the contractor. In this case, the customer will not be able to influence the choice of the person involved in the execution. Another condition that the parties must agree on in this section of the contract concerns the procedure for processing the results of the provision of services. As a rule, we are talking about signing an act of services rendered. It can be signed both at the end of the entire period of study, and at the end of intermediate periods agreed upon by the parties (month, semester, year). The parties determine the requirements for the form and content of the act, as well as for the persons authorized to sign it. It is permissible to agree on the form of the certificate of services rendered. It is advisable to establish in the contract the terms for signing the act, as well as the admissibility of drawing up a unilateral act in case the other party evades signing it.

5. Quality of services

In this section of the agreement, the parties agree on the requirements for the quality of educational services provided. In particular, the parties have the right to indicate that the services must comply with mandatory requirements or requirements contained in regulatory documents. The parties can also agree on their own requirements by indicating the level of professional training, the procedure for conducting classes, the organization of the process and the results of the provision of services. Requirements for conducting classes may include strict adherence to the educational program, the use of certain educational techniques and teaching methods, simplicity and accessibility of the presentation of the material. The organization of the educational process includes conditions for sufficient material and technical support for the educational process, appropriate educational and methodological support, the condition of the classrooms, the availability of information about the time and place of classes, the customer’s access to information about the attendance and progress of students. Requirements for the result of the provision of services can be formulated by indicating the students’ successful completion of the final certification, exam, or test. The services provided may not meet the quality requirements agreed upon by the parties. In this connection, it is advisable to provide in the contract the consequences of providing services of inadequate quality. We can talk about eliminating defects free of charge (in this case, the contract specifies a period for elimination) or reimbursement of the customer’s expenses for elimination (in which case the contract must specify a period for payment of compensation).

6. Price of services

The price clause is an essential condition of the contract for the provision of paid educational services. Thus, the parties cannot ignore it. Payment can be made either in cash or by other consideration (provision of services, performance of work, etc.) If the terms of the contract require the payment of a sum of money, then the parties determine the currency in which the price is expressed. The price can be agreed upon by the parties by indicating a fixed amount, the applicable tariffs, or by indicating the tariffs (prices) for similar services established by a state or municipal body. If the volume of services is significant, the parties can agree on the preparation of an estimate. Considering the fact that educational services can be provided over a significant period of time, it is reasonable to agree in the contract on the procedure and limits for price changes due to inflation or an increase in the exchange rate of the currency in which the price is expressed. In conditions of exchange rate instability, it is advisable to avoid setting prices in foreign currency. As noted above, the provision of educational services involves the use of equipment, teaching materials, etc. In this section, the parties agree on the condition for including the contractor’s costs in the contract price or the procedure for compensating these costs.

7. Payment for services

In this section, the parties determine the procedure and terms for payment of the contractor’s services by the customer. Since the contract for the provision of paid educational services can be concluded for a significant period, payment can be made in installments after the expiration of the billing period (month, week, etc.) The provision of services can be prepaid. When using prepayment, the parties can agree on the payment of interest for using a commercial loan. However, in practice, the provision of a commercial loan is rarely included in the contract, since all the risks associated with prepayment can be settled by reducing the price. The contract may also establish a condition for payment after the provision of services or a mixed payment procedure. This section should agree on the procedure for making calculations. As a rule, non-cash payment via payment orders is used. But the parties can also use other methods of making payments. Regardless of the chosen form of non-cash payment, the parties must determine the moment when the customer is considered to have fulfilled the obligation to pay. The contract may provide for payment for educational services provided through other consideration (transfer of an item, performance of work or provision of services). In these cases, in this section of the contract it is necessary to agree on the procedure and timing of the necessary actions, as well as the requirements for the quality of the consideration.

8. Responsibility of the parties

In this section, the parties agree on the conditions for the occurrence and the amount of liability for violation of the agreement on the provision of paid educational services. The most common measure of liability is a penalty. As a rule, the customer violates the deadline for payment for the educational services provided. However, other violations may be committed that entail the obligation to pay a penalty. For example, failure to provide the necessary equipment or software, if the corresponding obligation is assigned by the contract to the customer. In turn, the contractor may commit the following violations of the terms of the contract: involvement of third parties in the provision of services in the presence of a prohibition agreed upon by the parties or involvement of a sub-contractor not agreed upon by the parties, delay in the provision of services (a violation of the start or end date for the provision of services, as well as intermediate deadlines, may be committed, agreed upon by the parties at the conclusion of the contract), delay in eliminating defects free of charge, as well as delay in reimbursement of the customer’s expenses for eliminating defects. The parties must agree on the maximum amount of the penalty amount to be paid, as well as the ratio of losses and penalties. And also establish a procedure for compensating for losses incurred by one of the parties in case of violation of the terms of the contract.

9. Change and termination of the contract

In this section, the parties agree on the conditions and procedure for terminating and amending the education agreement. The possibility of changing and terminating the contract by agreement of the parties or in court is being considered. It should be noted that the condition on the procedure for amending and terminating the contract for the provision of paid educational services is essential. The parties determine the grounds for termination of the contract in court, that is, they list those violations of the terms of the contract that they consider significant. Among the violations committed by the contractor, which may give the customer the opportunity to demand termination of the contract, may be violation of the terms of provision of services or the involvement of third parties in performance when there is a ban. The contractor may also be given the right to demand termination of the contract, for example, if the customer violates the deadlines for payment for services provided (failure to make an advance payment, violation of intermediate payment deadlines). The parties can also include in the text of the contract a legal provision on the customer’s right to refuse to perform the contract in the event of significant deficiencies in the services provided, as well as in the event that the contractor does not eliminate the violations committed.

10. Dispute resolution

In this section, the parties determine the procedure for resolving emerging contradictions. The parties indicate the court authorized to consider all arising disputes. It is advisable to agree in the contract on the claims procedure for considering contradictions. To do this, it is necessary to agree on the procedure and deadline for filing a claim and responding to it. If the parties have established in the contract the obligatory filing of a claim before going to court, then failure to comply with the claim procedure prevents going to court.

11. Final provisions

The final provisions specify the duration of the contract. It is advisable to indicate that, regardless of the period specified in the contract, the obligations arising from the contract continue to exist until they are fulfilled (for example, the obligation to pay for services). The parties have the right to establish the procedure and timing for familiarizing students with the terms of the training agreement. This section also specifies the procedure for sending legally significant communications (letters, claims). As noted, you can obtain a fully drafted contract, similar to the above steps, by using the ConsultantPlus “Contract Designer” program. The author thanks the legal adviser of JSC "IFZ" Nadezhda Braginets for her assistance in preparing the material.

In Russia, having a general secondary education, can once receive a higher or specialized secondary education on a budgetary basis at a state university. This means that the state pays for the student’s education. A student who passes the exam with “good” or “excellent” marks is paid a scholarship. Anyone who has only “A” grades in their transcript can count on an increased scholarship. There are also budget places in some non-state universities, but they are usually very few. They usually enter the budget department on a competitive basis, having passed unified state exams according to a list approved by the higher education institution and posted on the official website. Some higher education institutions are given the right to conduct additional entrance tests - for example, an interview or a creative competition.

A student may be expelled from a budget department for academic debt. It is possible to recover, but the procedure in most cases is paid, and you can continue training only on a contract basis.

Contract form

In the contract form, the student pays for training himself. He enters a higher educational institution also on a competitive basis, but at the same time he also enters into a bilateral agreement with the university or. The contract, among other things, specifies the amount and terms of payment. Payment can be made immediately for the semester or monthly, this is determined by the university. A student can be expelled not only for academic debt, but also for...

The amount of payment can be changed, and most often upward.

State order in education

In recent years, a system of state procurement in education has been increasingly practiced in Russia. This is also a contract form of training, but it is not the student who pays, but the enterprise that needs a specialist of one or another profile. A tripartite agreement is concluded between the student, the higher education institution and the enterprise. In addition to paying for specialist training, the company can provide the student with some social services - pay for accommodation in a dormitory, travel to and from the place of study, as well as increase the scholarship. The company also provides the opportunity to undergo an internship where the person will work. After graduation, a student is required to work at an enterprise for several years. If it is, he must reimburse the company for its costs. Admission to higher and secondary specialized institutions is also carried out on a competitive basis.

Mixed forms

In small localities, a partially paid form of education is also practiced. For example, a university opens a branch, rents premises, invites teachers. Students admitted to the budget department do not pay for training, but the remaining expenses fall on their shoulders, that is, they pay money for renting premises and paying for utilities. In any case, it is much cheaper than training on a contract basis.

In the case of educational activities carried out by an individual entrepreneur and admission of students at the expense of individuals and (or) legal entities, the basis for the emergence of educational relations is an education agreement.

In accordance with Part 1 of Art. 54 of Law No. 273-FZ, the educational agreement is concluded in simple written form between:

1) an organization carrying out educational activities and a person enrolled in education (parents (legal representatives) of a minor);

2) an organization carrying out educational activities, a person enrolled in training, and an individual or legal entity that undertakes to pay for the education of the person enrolled in training.

The education agreement has a civil legal nature, being an agreement for the provision of paid services. Under a contract for the provision of services for a fee, the contractor undertakes to provide services on the instructions of the customer (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.

According to Art. 434 of the Civil Code of the Russian Federation, an agreement in writing can be concluded by drawing up one document signed by the parties, as well as by exchanging documents via postal, telegraph, teletype, telephone, electronic or other communication, which makes it possible to reliably establish that the document comes from a party to the agreement. The written form of the contract is considered to be complied with if a written proposal to conclude a contract is accepted in the manner of acceptance, expressed in the performance by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (payment of the appropriate amount, etc.) , unless otherwise provided by law, other legal acts or specified in the offer.

In accordance with Part 2 of Art. 54 of Law No. 273-FZ, the education agreement must indicate the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), form of education, period of study educational program (duration of study).

More detailed legal regulation of the procedure for concluding educational agreements was provided in the Decree of the Government of the Russian Federation of August 15, 2013 No. 706 “On approval of the Rules for the provision of paid educational services.”

According to clause 12 of the Rules for the provision of paid educational services

a) the full name and company name (if any) of the performer - a legal entity; surname, name, patronymic (if any) of the performer - individual entrepreneur;

b) location or place of residence of the performer;

c) name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;

d) location or place of residence of the customer;

e) last name, first name, patronymic (if any) of the representative of the contractor and (or) customer, details of the document certifying the authority of the representative of the contractor and (or) customer;

f) last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);

g) rights, duties and responsibilities of the performer, customer and student;

h) the full cost of educational services, the procedure for their payment;

i) information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);

j) type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);

k) form of training;

l) terms of mastering the educational program (duration of study);

m) the type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);

o) the procedure for changing and terminating the contract;

o) other necessary information related to the specifics of the paid educational services provided.

An education agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted an application for admission to study, and students or reduce the level of guarantees provided to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.

The agreement will be concluded in accordance with the general rules of civil law. Until the age of 14, it is concluded by the parents (legal representatives) of the student; in the period from 14 to 18 years, the agreement is formally concluded by the minor themselves, but always with the written consent of the parents; those over 18 years of age (or an emancipated person who married before this age) sign the agreement directly student.

Often there are conflict situations when the contract requires changes due to the fact that the legislative regulation of a particular issue has changed. The student (or his legal representatives) refuses to make changes to the contract. Such a conflict can only be resolved in court.

Often the student also refuses to enter into an agreement when the educational organization insists on it. The issue is also resolved in court, but in general the consequences will vary depending on whether the conclusion of the contract is mandatory on the basis of Part 2 of Art. 53 of Law No. 273-FZ. If the existence of such an agreement is assumed (for example, preschool education or paid educational services), then before the agreement is concluded, the student’s enrollment simply will not take place; it will not be possible to issue an order for enrollment, because there will be no reason for its publication.

The education agreement, concluded upon admission to study at the expense of an individual and (or) legal entity, indicates the full cost of paid educational services and the procedure for their payment.

According to Art. 424 of the Civil Code of the Russian Federation, in cases provided for by law, prices (tariffs, rates, rates, etc.) established or regulated by authorized state bodies and (or) local government bodies are applied. In accordance with clause 4, part 1, art. 17 of the Federal Law of 06.10.2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”, in order to resolve issues of local importance, local government bodies of settlements, municipal districts and urban districts have the authority to set tariffs for services provided by municipal enterprises and institutions, and work performed by municipal enterprises and institutions, unless otherwise provided by federal laws. Thus, local governments have the right to set tariffs for paid educational services for additional general development programs provided by municipal educational institutions. It should be noted that government bodies do not have similar powers in relation to state educational institutions.

An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.

An organization carrying out educational activities has the right to reduce the cost of paid educational services under an agreement on the provision of paid educational services, taking into account the covering of the missing cost of paid educational services at the expense of this organization’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of students.

If a lack of paid educational services is detected, including their provision not in full, provided for by educational programs (part of the educational program), the customer has the right, at his choice, to demand:

a) provision of educational services free of charge;

b) a proportionate reduction in the cost of paid educational services provided;

c) reimbursement of expenses incurred by him to eliminate deficiencies in the paid educational services provided on his own or by third parties.

The customer has the right to refuse to fulfill the contract and demand full compensation for losses if the shortcomings of paid educational services are not eliminated by the contractor within the period established by the contract. The customer also has the right to refuse to fulfill the contract if he discovers a significant deficiency in the paid educational services provided or other significant deviations from the terms of the contract.

If the contractor violated the terms for the provision of paid educational services (the start and (or) end dates for the provision of paid educational services and (or) intermediate terms for the provision of paid educational services) or if during the provision of paid educational services it became obvious that they would not be carried out on time, The customer has the right to choose:

assign the contractor a new period during which the contractor must begin providing paid educational services and (or) complete the provision of paid educational services;

entrust the provision of paid educational services to third parties at a reasonable price and require the contractor to reimburse the expenses incurred;

demand a reduction in the cost of paid educational services;

terminate the contract.

The customer has the right to demand full compensation for losses caused to him in connection with the violation of the start and (or) completion dates for the provision of paid educational services, as well as in connection with shortcomings of paid educational services.

In addition, the inclusion in the education agreement of conditions that infringe on the rights of consumers entails administrative liability.

Thus, by Resolution of the Seventeenth Arbitration Court of Appeal dated September 16, 2013 No. 17AP-8002/2013-AKU in case No. A50-6183/2013 in satisfying the requirement to cancel the decision to prosecute under Part 2 of Art. 14.8 of the Code of Administrative Offenses of the Russian Federation for the inclusion in the contract of conditions that infringed on the rights of consumers was rejected, since the presence of an imputed administrative offense in the applicant’s actions and the absence of violations of the procedure for bringing to administrative responsibility were confirmed.

In accordance with Part 7 of Art. 54 of Law No. 273-FZ, the education agreement terminates in connection with the receipt of education (completion of training), as well as ahead of schedule on the following grounds:

a) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue mastering the educational program to another organization carrying out educational activities;

b) at the initiative of an educational organization in the event of expulsion as a disciplinary measure applied to a student who has reached the age of fifteen years, in the event of failure of a student in a professional educational program to fulfill his obligations to conscientiously master such an educational program and implement the curriculum, as well as in the event of a violation of order admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization;

c) due to circumstances beyond the control of the student or parents (legal representatives) of the minor student and the educational organization, including in the event of liquidation of the educational organization.

In accordance with clause 21 of the Rules for the provision of paid educational services, at the initiative of an educational organization, an education agreement can be terminated unilaterally in the following case:

Sample forms of education agreements are approved by the federal executive body that carries out the functions of developing state policy and legal regulation in the field of education. The following forms of agreements are currently approved:

After the introduction of an educational agreement between students and educational organizations of preschool education, the question arose about the need to conclude an agreement on supervision and care.

The provisions of Law No. 273-FZ do not require the conclusion of a separate agreement for training in preschool education programs and for the provision of supervision and care services. This is also not provided for by the Procedure for organizing and carrying out educational activities for basic general education programs - educational programs for preschool education, approved by Order of the Ministry of Education and Science of Russia dated August 30, 2013 No. 1014.

Art. 54 of Federal Law No. 273-FZ establishes only the mandatory terms of the education agreement. Based on the general principles of civil law, it is permissible to conclude an agreement that contains elements of various agreements (Part 3 of Article 421 of the Civil Code of the Russian Federation). Consequently, the inclusion in such an agreement of the regulation of issues of supervision and care does not contradict the law.

It must be emphasized that fees for supervision and care under no circumstances can be considered as the cost of educational services. If the implementation of preschool education programs is financed from the appropriate budget, then this agreement will not relate to the agreement for the provision of paid educational services, despite the presence of fees charged to parents (legal representatives) for the supervision and care of children.

The entrepreneurial approach to education has led to stimulation of the process of creating a market for paid educational services that has high economic attractiveness. However, due to the rapid expansion of the market for paid educational services, there has been a significant increase in the number of lawsuits filed to protect the rights of consumers of paid educational services.

In judicial practice, emerging after the entry into force of Federal Law No. 273-FZ, the following most common types of claims can be identified in defense of the rights and interests of students and parents (legal representatives) of students in the provision of paid educational services:

on violation of students’ rights to quality education;

on violation of the rights of students in accredited educational institutions to defer conscription for military service;

about violation of guarantees of universal access and free education.

However, most of the disputes are related to the inconsistency with the legislation of the Russian Federation, in particular, the provisions of Federal Law No. 273-FZ of the provisions of the agreement on the provision of educational services.

Thus, the Supreme Court of the Russian Federation upheld the decision of previous authorities to hold the non-state educational institution of the private secondary school "Romashka" liable for violation of the requirements established by the legislation on education for the conduct of educational activities, expressed in the conduct of educational activities by representative offices of educational organizations or violation of the rules for the provision of paid educational services (Part 1, Article 19.30 of the Code of Administrative Offenses of the Russian Federation).

As noted in the Resolution of the Supreme Court of the Russian Federation dated July 2, 2015 No. 5-AD15-14, clause 12 of the Rules for the provision of paid educational services approved by the Resolution of the Government of the Russian Federation dated August 15, 2013 No. 706, a list of necessary information is defined that must contain an education agreement.

During a scheduled on-site inspection of the institution on April 9 and 16, 2014 by authorized officials of the Department of State Supervision and Control in Education of the Moscow Department of Education, on the basis of a corresponding order dated March 25, 2014, the absence of contracts for the provision of paid educational services concluded institution with the parents (legal representatives) of minor students (the director of the institution refused to provide these agreements to the inspectors), and the presented form of a sample agreement between the institution and the child’s parents on the provision of paid educational services does not contain all the necessary information provided for in clause 12 of the Rules for the provision of paid educational services . In addition, no documents have been submitted confirming by whom and when the form of agreement was approved, which does not allow establishing the start date of its application in the institution.

The actions of an institution that had the opportunity to comply with the requirements of the legislation on education are qualified under Part 1 of Art. 19.30 Code of Administrative Offenses of the Russian Federation.

This conclusion is confirmed in other judicial acts.

It should be noted that in accordance with current legislation, the provisions of the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” apply to the agreement for the provision of paid educational services. For example, they are applied in terms of recognition of the terms of such an agreement as violating the rights of consumers in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer protection, and are declared invalid in this case (Part 1 of Article 16 of the Law “On the Protection of Rights consumers"). Such conditions include the following:

the condition that upon termination of the contract with the student, previously paid amounts will not be returned;

a condition under which retaking tests and exams is paid according to the tariffs in force at the time of payment;

a condition according to which, when a previously expelled student is reinstated, a new contract is drawn up and a reinstatement fee is charged in addition to the basic cost of education;

a condition on the admission of an applicant to entrance examinations after payment of the first year of study and expenses associated with the work of the admissions committee;

a condition on the establishment in contracts, in addition to tuition fees, of “gratuitous lump sums for the maintenance of an educational institution.”

A rather interesting case from judicial practice is the decision of the Thirteenth Arbitration Court of Appeal dated April 2, 2009 in case No. A56-42097/2008 on the claim of the non-state educational institution of higher professional education "St. Petersburg Humanitarian University of Trade Unions" against the Office of the Federal Service for Supervision in the Field protection of consumer rights and human well-being in St. Petersburg, in which the court rejected the claim due to the following: the court concluded that the inclusion in the contract for the training of a specialist with higher education of conditions forcing the applicant to purchase one service with the obligatory purchase of others services (subscribe and study the magazine “Very um”, purchase a plastic card “Visa Electron” from a bank, etc.), indicates an infringement of consumer rights established by law and entails administrative liability provided for in Part 2 of Art. 14.8 Code of Administrative Offenses of the Russian Federation.

The inclusion in an education agreement of conditions that infringe upon the rights of consumers established by law - students and parents (legal representatives) of students - is the most common subject of disputes considered by the courts.

From September 4 to October 1, 2014, an official of Rospotrebnadzor conducted a scheduled on-site inspection of the institution’s compliance with mandatory requirements in the field of consumer protection at the representative office of the federal state budgetary educational institution of higher professional education “Moscow State Industrial University” in Vologda.

Based on the results of the inspection, an act was issued to stop violations of consumer rights by concluding new agreements on the provision of paid educational services.

In accordance with paragraph 1 of Art. 16 of the Law “On the Protection of Consumer Rights”, contract terms that infringe on consumer rights in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of consumer rights protection are declared invalid.

According to Art. 43 of the same Law, for violation of consumer rights established by laws and other regulatory legal acts of the Russian Federation, the seller (performer, manufacturer, authorized organization or authorized individual entrepreneur, importer) bears administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

In this case, the institution included in contracts for the provision of paid educational services conditions that infringed on the rights of consumers established by law.

In particular, the Rospotrebnadzor department considered that the Moscow State Industrial University unreasonably included clause 1.5 in the contracts, according to which an educational organization of higher education has the right to unilaterally increase the cost of tuition specified in clause 1.4 of the contract (the full cost of training), taking into account the level of inflation, provided for by the main characteristics of the federal budget for the next financial year and planning period, based on the order of the rector of the Moscow State Industrial University.

In addition, the regulatory authorities accused the educational organization of unlawfully including in clauses 3.1 and 3.8 of the contracts conditions that infringed on the rights of consumers.

According to clause 3.8 of agreements concluded by the institution, they can be terminated by the Moscow State Industrial University unilaterally if the parties have not reached an agreement to bring it in accordance with clauses 1.5, 2.2.2 of this agreement.

Clause 3.1 of the contract establishes that the contract can be terminated by a citizen at any time during its validity, and Moscow State Industrial University if the citizen fails to comply with clauses 2.2.1, 2.2.2 of the contract.

In accordance with clause 2.2.1 of the agreement, the citizen undertakes, within ten days from the date of conclusion of the agreement, to pay for the 1st semester of study in the amount of 17,000 rubles.

According to clause 2.2.2 of the agreement, before September 10 in the autumn semester and before February 10 in the spring semester of each subsequent semester, the citizen undertakes to familiarize himself with the order of the rector of the educational organization on payment of tuition at the Institute of Distance Education of the Moscow State Industrial University, and to conclude an additional agreement to this agreement, receive a receipt for tuition fees and pay for the student’s education.

In accordance with Part 7 of Art. 54 of Federal Law No. 273-FZ along with the established Art. 61 of Federal Law No. 273-FZ on the grounds for termination of educational relations on the initiative of an organization carrying out educational activities, an agreement on the provision of paid educational services can be terminated unilaterally by this organization in the event of delay in payment of the cost of paid educational services, as well as in the event that proper execution obligations to provide paid educational services became impossible due to the actions (inaction) of the student.

The grounds for unilateral termination by an organization carrying out educational activities of an agreement on the provision of paid educational services are specified in the agreement.

According to Part 1 of Article 61 of Law No. 273-FZ, educational relations are terminated due to the student’s expulsion from the organization engaged in educational activities:

1) in connection with obtaining education (completion of training);

2) ahead of schedule on the grounds established by part 2 of this article.

Part 2 of Art. 61 of Federal Law No. 273-FZ determines that educational relations can be terminated early in the following cases:

1) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue mastering the educational program to another organization carrying out educational activities;

2) on the initiative of an organization carrying out educational activities, in the event of expulsion as a disciplinary measure applied to a student who has reached the age of fifteen years, in the event of failure by a student in a professional educational program to fulfill his obligations to conscientiously master such an educational program and implement the curriculum, as well as in the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization;

3) due to circumstances beyond the control of the student or parents (legal representatives) of a minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.

Clause 21 of the Rules for the provision of paid educational services also provides that, at the initiative of the contractor, the contract can be terminated unilaterally in the following case:

a) application to a student who has reached the age of 15 years of expulsion as a disciplinary measure;

b) failure by students in a professional educational program (part of an educational program) to fulfill obligations to conscientiously master such an educational program (part of an educational program) and implement the curriculum;

c) establishment of a violation of the procedure for admission to an organization carrying out educational activities, which resulted, through the fault of the student, in his illegal enrollment in this educational organization;

d) late payment of the cost of paid educational services;

e) the impossibility of properly fulfilling obligations to provide paid educational services due to the actions (inaction) of the student.

As follows from the Resolution of the Fourteenth Arbitration Court of Appeal dated May 13, 2015 in case No. A13-15563/2014, from an analysis of the specified provisions of the legislation of the Russian Federation on education, the court found that the grounds for unilateral termination of the contract for the provision of educational services contained in paragraph 2.2 .2 the agreement, referenced in clauses 3.1 and 3.8 of the agreement, are not provided for by current legislation, therefore, they violate the rights of students established by law.

Another violation of the rights and legitimate interests of students, as follows from judicial practice, is the establishment of a condition for payment of educational services under the contract in the order of 100% prepayment - as excluding the right of choice of the consumer.

On November 27, 2013, the Office of Rospotrebnadzor for the Samara Region conducted a scheduled on-site inspection of the Non-State Educational Institution of Higher Professional Education MI "REAVIZ" (hereinafter referred to as NOU VPO MI "REAVIZ"), based on the results of which an inspection report was drawn up.

As a result of the analysis of contracts concluded by NOU VPO MI "REAVIZ" with consumers, it was established that they included conditions that infringed on the consumer's rights established by law, and violations of Art. 16, paragraph 2, art. 17, 37 of the Law “On Protection of Consumer Rights” and clause 8 of the Rules for the provision of paid educational services.

According to clause 3.2 of agreements No. 030913-94-SU dated September 3, 2013, No. 11091-89-SU dated September 3, 2013, No. 090913-Yu2-PP dated September 3, 2013, September 5, 2013. No. 050913-149-PS payment for educational services under the contract is made by the customer in the order of 100% prepayment by transferring funds to the contractor’s bank account no later than September 13, 2013.

According to clause 3.3 of the agreement dated October 21, 2013 No. 100432, payment for educational services under this agreement is carried out by the customer by transferring funds to the contractor’s bank account in advance, with payments divided by semester in equal shares.

The Office of Rospotrebnadzor for the Samara Region recognized these conditions as infringing on the rights of consumers, since they exclude the right of choice of the consumer granted to him by Art. 37 of the Law “On Protection of Consumer Rights”. According to this standard, the consumer is obliged to pay for the work performed by the contractor in full after its acceptance by the consumer. With the consent of the consumer, the work can be paid for by him at the conclusion of the contract in full or by issuing an advance.

The court concluded that the provisions of civil law and education legislation do not provide for payment for services not provided. The above clauses of the contracts, which provide for the consumer’s obligation to pay for services not performed by the institution, contradict the legislation of the Russian Federation.

In addition, the regulatory authorities identified another violation of the procedure for concluding contracts for the provision of paid educational services by this educational organization - the establishment of a condition for changing the cost of services by the institute on a unilateral basis - notification.

According to clause 3.2 of the agreement dated October 21, 2013 No. 100432, from the second academic year and (or) subsequent academic years, the cost of services under this agreement can be changed by the institute unilaterally. At the same time, the cost of services changes accordingly. The Institute is obliged to notify the customer in writing about the increase in the cost of services no later than 30 calendar days before the start of the second and (or) subsequent academic year, respectively.

The decision of the Eleventh Arbitration Court of Appeal dated July 22, 2014 in case No. A55-2363/2014 notes that this provision contradicts clause 8 of the Rules for the provision of paid educational services, according to which an increase in the cost of paid educational services after the conclusion of an agreement is not allowed.

At the same time, according to paragraph 3 of Art. 54 of Federal Law No. 273-FZ, the agreement concluded upon admission to study at the expense of an individual and (or) legal entity indicates the full cost of paid educational services and the procedure for their payment.

The agreement cannot contain conditions that limit the rights of persons to receive education of a certain level and focus, who have applied for admission to study, and students or reduce the level of guarantees provided to them in comparison with the conditions established by the legislation of the Russian Federation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.

The court ordered the non-state educational institution of higher professional education MI "REAVIZ" to bring agreements on the provision of paid educational services in accordance with the legislation of the Russian Federation and renew educational agreements with students in order to comply with guarantees for the implementation of their rights to education.

A significant number of violations of the legislation on education regarding the conclusion of contracts for the provision of paid educational services are committed by individual entrepreneurs carrying out educational activities. Currently, the number of legal cases initiated by prosecutors and parents (legal representatives) of students is increasing.

Periodic inspections of the activities of individual entrepreneurs carrying out educational activities demonstrate that violations of the Rules for the provision of paid educational services and the provisions of Federal Law No. 273-F3 are allowed, namely:

As an analysis of judicial practice shows, the expansion of the market for paid educational services and the enshrinement of the concept of “education agreement” in legislation, the need for clear and detailed regulation of educational relations - educational organizations, on the one hand, and students and parents (legal representatives) of students, on the other parties - in accordance with the agreement on the provision of paid educational services will increase.

See in more detail: Resolution of the Thirteenth Arbitration Court of Appeal dated April 2, 2009 in case No. A56-42097/2008 // Access from ATP “ConsultantPlus”.

See in more detail: Resolution of the Fourteenth Arbitration Court of Appeal dated May 6, 2015 in case No. A44-7765/2014 // Access from ATP “ConsultantPlus”; Resolution of the Fourteenth Arbitration Court of Appeal dated May 29, 2014 in case No. A44-129/2014 // Access from ATP “ConsultantPlus”; Resolution of the Seventeenth Arbitration Court of Appeal dated September 16, 2013 No. 17AP-8002/2013-AKU // Access from ATP “ConsultantPlus”.

See in more detail: Appeal ruling of the Moscow City Court dated May 6, 2015 in case No. 33-14168/2015 // Access from ATP “ConsultantPlus”; Resolution of the Moscow City Court of March 4, 2015 No. 4a-4413/14 // Access from ATP “ConsultantPlus”; Appeal ruling of the Moscow City Court dated October 22, 2014 in case No. 33-36328/2014 // Access from ATP “ConsultantPlus”; Determination of the Moscow City Court dated September 29, 2014 No. 4g/3-9783/14 // Access from ATP “ConsultantPlus”.

Conditions for admission to OGBPOU SATT for training under agreements for the provision of paid educational services

Paid educational services provided by the contractor include:

Training in educational programs of secondary vocational education in excess of the established target figures;

Training in 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;

Training in additional professional programs;

The cost of paid educational services is determined by the cost estimate for paid educational services.

Enrollment in the number of students studying is carried out by order of the director.

A written contract is concluded with the customer for the provision of paid educational services.

The Contractor, before concluding the contract and during its validity period, provides the customer with reliable information about himself and about the paid educational services provided, ensuring the possibility of their correct choice.

The agreement is concluded in simple written form and contains the following information:

Full name of the performer - legal entity;

Location of the performer;

Name or surname, first name, patronymic (if any) of the customer, telephone number of the customer;

Location or place of residence of the customer;

Last name, first name, patronymic (if any) of the representative of the contractor and (or) customer, details of the document certifying the authority of the representative of the contractor and (or) customer;

Last name, first name, patronymic (if any) of the student, his place of residence, telephone number (indicated in the case of the provision of paid educational services in favor of a student who is not a customer under the contract);

Rights, duties and responsibilities of the performer, customer and student;

The full cost of educational services, the procedure for their payment;

Information about the license to carry out educational activities (name of the licensing authority, number and date of registration of the license);

Type, level and (or) focus of the educational program (part of an educational program of a certain level, type and (or) focus);

Form of training;

Time frame for completing the educational program (duration of study);

Type of document (if any) issued to the student after he has successfully completed the relevant educational program (part of the educational program);

The procedure for changing and terminating the contract;

Other necessary information related to the specifics of the paid educational services provided.

Admission to the group of paid educational services is carried out upon the personal application of citizens.

SAMPLE

AGREEMENT No.__

for training in educational programs of secondary vocational education

Regional state budgetary professional educational institution "Sursky Agrotechnological College" operating on educational programs of secondary vocational education on the basis of license RO No. 035792, issued by the Committee for Supervision and Control in the Sphere of Education of the Ulyanovsk Region on February 20, 2012. indefinitely

Hereinafter referred to as the “Contractor”, represented by director Fomin Yuri Nikolaevich, acting on the basis of the Charter and

__________________________

(Full name / name of legal entity)

hereinafter referred to as the “Customer”, represented by _____________________________________
(job title, full name of customer representative)

acting on the basis ____________________________________ details of the document certifying the authority of the Customer’s representative)

_____________________________________________________________________________
(Full name of the person enrolled in training)

hereinafter referred to as the “Student”, collectively referred to as the Parties, have entered into this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

1.1. The Contractor undertakes to provide educational services, and the Student/customer (delete what is unnecessary) undertakes to pay for training in the educational program of secondary vocational education.

____________________________

(form of training, code, name of profession, specialty or area of ​​training)

within the federal state educational standard or educational standard in accordance with the curriculum, including individual ones, and educational programs of the Contractor.

1.2. The period for completing the educational program (duration of study) at the time of signing the Agreement is _____________.

The duration of training according to the individual curriculum, including accelerated training, is __________________________.

(number of months, years)

1.3. After the student has mastered the educational program and successfully passed the state final certification, he is issued a ______________________________________________________________________________
(document on education and qualifications)

2. Interaction between the parties

2.1. The performer has the right:

2.1.1. Carry out the educational process independently,

Establish rating systems, forms, order and frequency

Interim certification of the Student;

2.1.2. Apply incentives and measures to the Student

Disciplinary action in accordance with Russian legislation

Federations, the constituent documents of the Contractor, this Agreement and

Local regulations of the Contractor.

2.2. The Customer has the right to receive information from the Contractor on issues

Organizing and ensuring proper provision of services,

Provided for by Section I of this Agreement.

2.3. The student is granted academic rights in accordance with

"On education in the Russian Federation". The student also has the right:

2.3.1. Receive information from the Contractor on issues of organization and

Ensuring the proper delivery of Title I services

Actual agreement;

2.3.2. Use in the manner prescribed by local regulations

Acts, property of the Contractor necessary for the development of educational

Programs;

2.3.3. Take in the manner established by local regulations

Acts, participation in socio-cultural, recreational and other

Events organized by the Contractor;

2.3.4. Receive complete and reliable information about the assessment of your

Knowledge, abilities, skills and competencies, as well as the criteria for this assessment.

2.4. The performer is obliged:

2.4.1. Enroll a student who has completed the established

Legislation of the Russian Federation, constituent documents,

Local regulations of the Contractor, conditions of acceptance, as

__________________________________________________________________;

2.4.2. Provide the Customer with information containing information about

Providing paid educational services in the manner and volume that

2012 N 273-FZ "On education in the Russian Federation" * (7);

2.4.3. Organize and ensure proper provision

Educational services provided for in Section I of this Agreement.

Educational services are provided in accordance with the federal

State educational standard or educational

Standard, curriculum, including individual, and schedule

Performer's activities;

2.4.4. Provide the Student with the provisions of the selected

The educational program, the conditions for its development;

2.4.5. Accept payment from the Student and (or) Customer for

Educational services;

2.4.6. Provide the student with respect for human dignity,

Protection from all forms of physical and mental violence, insults

Personality, protection of life and health * (8).

2.5. The Customer and (or) Student are obliged to promptly pay

Payment for educational services provided to the Student, specified

In Section I of this Agreement, in the amount and manner determined

This Agreement, as well as provide payment documents,

Confirming such payment.

III. Cost of educational services, terms and procedure for their payment

3.1. Full cost of educational services for the entire period of study

The student is _____________________________________________________ rubles.

Increase in the cost of educational services after imprisonment

of this Agreement is not permitted, except for an increase in the cost

The specified services taking into account the level of inflation provided for by the main

Characteristics of the federal budget for the next financial year and

Planning period

3.2. Payment is made in full on the first day of training by bank transfer to the account specified in Section VIII of this Agreement.

IV. Procedure for amending and terminating the Agreement

4.1. The conditions under which this Agreement is concluded may be

Changed by agreement of the Parties or in accordance with legislation

Russian Federation.

4.2. This Agreement may be terminated by agreement of the Parties.

4.3. This Agreement may be terminated at the initiative of

The Contractor unilaterally in the cases provided for in paragraph

21 Rules for the provision of paid educational services, approved

2013 N 706 (Collection of Legislation of the Russian Federation, 2013,

N 34, art. 4437).

4.4. This Agreement is terminated early:

At the initiative of the Student or parents (legal representatives)

A minor Student, including in case of transfer

A student to continue mastering the educational program in another

Organization carrying out educational activities;

At the initiative of the Contractor, in case of application to the Student,

Having reached the age of fifteen years, expulsion as a disciplinary measure

Penalties in case of non-compliance by the Student with professional

Educational program responsibilities for conscientious mastery of such

educational program and implementation of the curriculum, as well as in the case

Establishing a violation of the procedure for admission to an educational organization,

Which, through the fault of the Student, resulted in his illegal enrollment in

Educational organization;

Due to circumstances beyond the control of the Student or parents

(legal representatives) of the minor Student and

the Contractor, including in the event of liquidation of the Contractor.

4.5. The Contractor has the right to refuse to fulfill obligations under

Agreement subject to full compensation for losses to the Student.

4.6. The student has the right to refuse to fulfill this Agreement

Subject to payment to the Contractor for the actual expenses incurred by him.

V. Responsibility of the Contractor, Customer and Student

5.1. For failure to fulfill or improper fulfillment of your obligations

Under the Agreement, the Parties bear the responsibility provided for

The legislation of the Russian Federation and this Agreement.

5.2. If a lack of educational services is detected, including

Provisions not to the full extent provided for by educational

Programs (part of the educational program), the Customer has the right to

Require your choice:

5.2.1. Free provision of educational services.

5.2.2. A proportionate reduction in the cost of educational services provided

Services.

5.2.3. Reimbursement of expenses incurred by him to eliminate deficiencies

Educational services provided by oneself or third parties.

5.3. The Customer has the right to refuse to fulfill the Agreement and demand

Full compensation for losses if, within _____ period, educational deficiencies

The services have not been repaired by the Contractor. The customer also has the right to refuse

Execution of the Agreement, if they discover a significant deficiency in the services provided

Educational services or other significant deviations from the conditions

Agreement.

5.4. If the Contractor violated the terms of provision of educational services

(start and (or) completion dates for the provision of educational services and (or)

Intermediate terms for the provision of educational services) or if during

Providing an educational service, it became obvious that it would not

Provided on time, the Customer has the right to choose:

5.4.1. Assign a new period to the Contractor, during which

The Contractor must begin providing educational services and (or)

Complete the provision of educational services;

5.4.2. Instruct third parties to provide educational services for

A reasonable price and require the contractor to reimburse the costs incurred

Expenses;

5.4.3. Demand a reduction in the cost of educational services;

5.4.4. Terminate the contract.

VI. Contract time

6.1. This Agreement comes into force from the date of its conclusion

by the Parties and is valid until the Parties fully fulfill their obligations.

VII. Final provisions

7.1. The information specified in this Agreement corresponds to

Information posted on the official website of the Contractor on the Internet

"Internet" as of the date of conclusion of this Agreement.

7.2. Under the period of provision of educational services (period

training) is understood as the period of time from the date of issue of the order

Enrollment of the Student in an educational organization before the publication date

Order on completion of training or expulsion of the Student from

Educational organization.

7.3. This Agreement is drawn up in _______ copies, one for each

Each side. All copies have the same legal force.

Changes and additions to this Agreement may only be made in

In writing and signed by authorized representatives of the Parties.

7.4. Changes to the Agreement are formalized by additional agreements to

Agreement.

VIII. Addresses and details of the parties

Executor:

Customer (student representative):

OGBPOU SATT 433240, Russian Federation, Ulyanovsk region, Sursky district, r.p. Surskoye, Lenina street, building No. 47 INN 7319003577 Gearbox 731901001 BIC 047308001 r/account 40601810573084000001 Director of OGBPOU SATT____________________ Fomin Yu.N. M.P. "__" ________ 20__

________________________________________________ (FULL NAME.) Registration address ________________________________________________ ________________________________________________ ________________________________________________ Passport details: No.________ series ________________________________ Issued by whom and when ______________________________ ________________________________________________ ________________________________________________ signature _________________ ______________________ (FULL NAME.) Student: Residence address ____________________________ _________________________________________________ _________________________________________________ Passport details No.__________ series _______________________________ Issued by whom and when _________________________________ _________________________________________________ _________________________________________________ signature _________________ /_______________________/ (FULL NAME.)

1) an organization carrying out educational activities and a person enrolled in education (parents (legal representatives) of a minor);

2) an organization carrying out educational activities, a person enrolled in training, and an individual or legal entity that undertakes to pay for the education of the person enrolled in training.

2. The education agreement must indicate the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), the form of education, the duration of the educational program (duration training).

3. The education agreement, concluded upon admission to study at the expense of an individual and (or) legal entity (hereinafter referred to as the agreement on the provision of paid educational services), indicates the full cost of paid educational services and the procedure for their payment. An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.

4. The information specified in the contract for the provision of paid educational services must correspond to the information posted on the official website of the educational organization on the Internet on the date of conclusion of the contract.

5. An organization carrying out educational activities has the right to reduce the cost of paid educational services under an agreement on the provision of paid educational services, taking into account covering the missing cost of paid educational services at the expense of this organization’s own funds, including funds received from income-generating activities, voluntary donations and targeted contributions from individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by local regulations and are brought to the attention of students.

6. The education agreement cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have submitted applications for admission to study (hereinafter referred to as applicants), and students or reduce the level of guarantees provided to them in comparison with the conditions established by legislation on education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the contract, such conditions are not subject to application.

7. Along with the grounds for termination of educational relations established by Article 61 of this Federal Law at the initiative of an organization carrying out educational activities, an agreement on the provision of paid educational services may be terminated unilaterally by this organization in the event of a delay in payment of the cost of paid educational services, as well as in the event if proper fulfillment of the obligation to provide paid educational services has become impossible due to the actions (inaction) of the student.

8. The grounds for unilateral termination by an organization carrying out educational activities of an agreement on the provision of paid educational services are indicated in the agreement.

10. Model forms of educational agreements for basic general education programs, educational programs of secondary vocational education and additional general education programs 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. Sample forms of agreements on higher 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 higher education. The approximate form of an agreement on additional professional education 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, in agreement with the federal executive body exercising the functions of developing and implementing state policy and regulatory legal regulation in the field of general education.

(see text in the previous edition)