External - a person enrolled in an organization that carries out educational activities according to state-accredited educational programs, to pass the intermediate and state final certification.

Thus, the student is not enrolled in an educational organization on a permanent basis, and in accordance with Article 28 federal law is responsible only for organizing and conducting intermediate and final certification, as well as for ensuring the appropriate academic rights of the student.

Certification of external students is divided into intermediate (in all subjects curriculum for students receiving education in the form of family education or self-education) and the state final for the course of basic or secondary general education. The deadlines for submitting an application for passing an interim attestation as an external student, as well as the forms for passing an interim attestation, are established by the educational organization.

To pass the intermediate certification, the student must be enrolled in an educational organization. At the same time, he receives the status of "external" and is included in the contingent of students educational organization for the period of passing the intermediate certification. An external student admitted to an educational organization for passing intermediate and (or) final certification is a student and has all the academic rights granted to students in accordance with Part 3 of Art. 34 of the Federal Law.

1) housing, including service and (or) hostel, in accordance with the legislation of the Republic of Kazakhstan;

2) annual paid leave of 56 calendar days for teaching staff and equivalent persons of secondary education organizations and educational organizations implementing educational programs of technical and vocational, post-secondary, higher and postgraduate education; 42 calendar days - for teaching staff of educational and methodological support organizations, preschool and additional education.

2. Pedagogical workers of education working in rural areas:

1) by decision of local representative bodies, salaries and tariff rates increased by at least twenty-five percent in comparison with the rates of pedagogical workers engaged in pedagogical activity in urban conditions;

2) social support is provided for paying utility bills and purchasing fuel at the expense of budgetary funds in the manner and in the amount approved by local representative bodies.

2-1. Pedagogical workers of education working in rural areas are provided with additional measures of social support provided for by the legislation of the Republic of Kazakhstan.

2-2. Pedagogical workers of education working in rural areas, having livestock in their personal property, are provided with fodder, land for grazing livestock and haymaking by decision of local representative and executive bodies.

3. Pedagogical employees of educational organizations are paid annually at the expense of the relevant budgets:

1) in government organizations education allowance for health improvement once in a calendar year upon granting them the next labor leave in the amount determined by the labor legislation of the Republic of Kazakhstan;

2) the holder of the title "The best teacher of the university" - a state grant in the amount of 2000-fold monthly calculation index, the directions of spending of which are determined by the Government of the Republic of Kazakhstan;

3) the holder of the title "Best teacher" - a reward in the amount of 1000 times the monthly calculation index.

Footnote. Article 53 as amended by the laws of the Republic of Kazakhstan dated 12.24.2008 N 111-IV (shall be enforced from 01.01.2009); dated October 24, 2011 No. 487-IV (shall be enforced upon expiration of ten calendar days after its first official publication); dated November 13, 2015 No. 398-V (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 02.07.2018 No. 165-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

Commentary on article 53

Art. 53 of Law No. 273-FZ clearly defines the basis for the emergence of educational relations. Such a basis is the administrative act of the organization carrying out educational activities, on the admission of a person to study in this organization or to pass an intermediate certification and (or) state final certification. Thus, by far not in all cases it is necessary to conclude an agreement on education. By general rule, the order of the head on enrollment is sufficient.

Accordingly, the rights and obligations of the student, provided for by the legislation on education and local regulations of the organization carrying out educational activities, arise for the person accepted for training from the date specified in the administrative act on the admission of a person for training.

However, in accordance with Part 2 of Art. 53 of Law No. 273-FZ, an agreement is required:

In the case of the implementation of educational activities by an individual entrepreneur (an agreement on education will serve as the basis for the emergence of relations instead of an order, from the date of its conclusion, the rights and obligations of the student will arise);

In case of admission to training at the expense of individuals and (or) legal entities (in this case, the contract is concluded before the order is issued, which is the basis for the emergence of relations, the rights and obligations of the student will arise from the moment the order is issued).

In addition, according to part 3 of Art. 53 of Law No. 273-FZ in case of admission to targeted training the issuance of an administrative act on the admission of a person for training in an organization carrying out educational activities is preceded by the conclusion of an agreement on targeted admission and an agreement on targeted training.

The procedure for concluding an agreement on education is provided for in Art. 54 of Law No. 273-FZ.

In accordance with Part 5 of Art. 53 of Law No. 273-FZ, the rights and obligations of the student, provided for by the legislation on education and local regulations of the organization carrying out educational activities, arise for the person accepted for training, from the date specified in the administrative act on the admission of a person for training or in the education agreement concluded with an individual entrepreneur.

This provision of Law No. 273-FZ provides for the start of training. Admission documents are issued before the start educational process, therefore, it is impossible to link the moment of the emergence of educational relations (issuance of an admission order, the conclusion of an education agreement) to the beginning of the educational process. The date of the start of training or passing the intermediate certification and (or) the state final certification is mandatory indicated in the documents that are the basis for the emergence of legal relations in the field of education (in the order and (or) contract). In the case when Law No. 273-FZ provides for two grounds for admission - admission to study in educational programs of preschool education or at the expense of individuals and (or) legal entities, as well as admission to targeted education - the date of commencement of training is mandatory, as an essential condition of the contract, is indicated in the relevant contract. Since the order is issued on the basis of an agreement on education (on targeted education), it indicates the date specified in the agreement.

Author - Yankevich Semyon Vasilyevich,
cand. legal Sci., junior researcher
Federal Center for Educational Legislation

Comment as of 06/01/2016

Legislative base of the Russian Federation

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• FEDERAL LAW dated December 29, 2012 N 273-FZ (as amended on May 7, 2013 with amendments that entered into force on May 19, 2013) "ON EDUCATION IN THE RUSSIAN FEDERATION"

Article 53. Emergence of educational relations

3. In the case of admission to targeted education in accordance with Article 56 of this Federal Law, the issuance of an administrative act on the admission of a person to study in an organization engaged in educational activities is preceded by the conclusion of an agreement on targeted admission and an agreement on targeted education.

1. The basis for the emergence of educational relations is the administrative act of the organization engaged in educational activities, on the admission of a person to study in this organization or to pass an intermediate certification and (or) state final certification, and in the case of educational activities by an individual entrepreneur - an agreement on education.

2. In the case of admission to study under educational programs of preschool education or at the expense of individuals and (or) legal entities, the issuance of an administrative act on the admission of a person to study in an organization carrying out educational activities is preceded by the conclusion of an agreement on education.

Commentary on Art. 53 of the Law "On Education in the Russian Federation"

The commented article is an innovation of the legislation on education, and for the first time regulates the moment, as well as the tools that fix the fact of the emergence of educational relations.

The basis for the emergence of educational relations is the administrative act on the admission (enrollment) of a person to an educational organization for training or for passing intermediate and state (final) certification. If educational activities are carried out by an individual entrepreneur, then such a basis is an agreement on education. The administrative act, in practice, is usually an order to enroll in the number of students (students).

At the same time, the relevant agreement is the primary basis for issuing such an administrative document. Accordingly, the enrollment order is issued on the basis of an educational agreement concluded between the parties (the applicant (his parent, legal representative) and the educational organization).

The contract as a legal fact expresses the conscious actions of persons aimed at the emergence of the corresponding rights and obligations of its parties.

There are two types of contracts in education:

1) an agreement on education, concluded in the following cases:

admission to study in educational programs of preschool education;

additional educational programs;

training at the expense of individuals and (or) legal entities;

2) an agreement on targeted admission and targeted training.

From the moment of admission (enrollment), the person accepted for training has the rights and obligations of the student, provided for by the legislation of the Russian Federation on education and local regulations of the organization.

The legislator has so far determined the grounds for the emergence of educational relations only for training in educational programs of preschool education.

The conclusion of the contract only in writing allows the most weak side- the student (pupil), his parents in the event of a dispute with the educational institution (as a body endowed with authority) to protect their rights more effectively.

However, the complex nature of the obligations to receive education implies the possibility of regulating the public obligations of the student and the educational organization due to the weak regulatory regulation of the academic component of educational relations in the legislation.

A reasonable parity of local normative and contractual regulation of participants in educational activities is needed. A step in the right direction would be to enshrine in the educational legislation the obligation educational institutions conclude a similar agreement with persons studying at the expense of budgetary funds, regardless of the level, type and form of education.

Article 53. Emergence of educational relations

4. The rights and obligations of a student, provided for by the legislation on education and local regulations of an organization carrying out educational activities, arise for a person accepted for training from the date specified in the administrative act on the admission of a person for training or in an agreement on education concluded with an individual entrepreneur.

Part 1 Art. 54 of the Law on Education requires the conclusion of a tripartite agreement. In practice, many counterparties are against the conclusion of a tripartite agreement.

In accordance with Art. 53 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Law on Education), an education agreement is the basis for the emergence of educational relations in the event of educational activities by an individual entrepreneur, admission to preschool educational programs education and admission of students at the expense of individuals and (or) legal entities.

An education agreement is an agreement under which an educational organization undertakes to provide educational services for the implementation of a certain educational program in relation to a person accepted for training, and a person accepted for training must master this educational program and pay for educational services.

In accordance with Art. 779 of the Civil Code of the Russian Federation (CC RF), the rules of the chapter on the contract for the provision of services for compensation apply, among other things, to contracts for the provision of training services. Thus, the contract on education has a civil law nature.

Are there any restrictions for those who want to educate their children in the form of family education? Parental education? Family financial situation? I have submitted an application to the school stating that we have chosen a family form of education for my child. The director said that

0cm; text-align: justify; text-indent: 35.45pt; line-height: 150%"> In accordance with Part 4 of Article 43 of the Constitution of the Russian Federation, basic general education is mandatory. At the same time, parents provide children with basic general education. A similar provision is provided for in Article 63 of the Family Code of the Russian Federation.

0cm;text-align:justify;text-indent:35.45pt;line-height:150%">The Federal Law "On Education in the Russian Federation" provides for various forms of education and training, taking into account the needs and capabilities of the individual. Thus, part 2 of article 63 establishes that general education can be obtained both in organizations engaged in educational activities and outside them. Outside of organizations carrying out educational activities, education and training is provided in the family form. The form of obtaining general education and the form of education for a specific basic general education program are determined by the parents of a minor student. When choosing by the parents of a minor student the form of general education and the form of education, the opinion of the child is taken into account (Part 4 of Article 63 of the Federal Law).

Considering that Article 43 of the Constitution of the Russian Federation guarantees the general availability and free of charge of basic general education in state or municipal educational institutions and enterprises, parents, choosing to receive education in the family form, refuse to receive education in educational organizations and assume, among other things, obligations arising from the family form of education (outside educational institutions).

In what cases is the conclusion of an agreement on education between a university and a student mandatory when studying at the expense of the federal budget of the Russian Federation?

For students, the law does not provide for the obligation to conclude an agreement with an educational organization upon admission to study at a university at the expense of the federal budget of the Russian Federation.

The need to conclude an agreement with a university may arise, for example, if a student applies for a presidential grant during training, but this contract will not be an agreement on education. (Decree of the President of the Russian Federation of December 7, 2015 No. 607 “On measures of state support for persons who have shown outstanding abilities”).

The conclusion of the contract by the student at face-to-face education at the expense of federal budget appropriations, it is also possible in the case of targeted admission. In accordance with Part 3 of Art. 53 of the Federal Law "On Education in the Russian Federation" (hereinafter - No. 273-FZ), a student's admission to a university for targeted education must be preceded by the conclusion of two agreements - an agreement on targeted admission and an agreement on targeted education.

As indicated in Part 3 of Art. 56 No. 273-FZ in this situation, the student himself concludes only an agreement on targeted training, and the second party in it is not a university, but some government agency of the Russian Federation or a state enterprise, for example, the Ministry of Justice, the Ministry of Internal Affairs, Rosatom, Roskosmos. Most often, such an agreement provides for the obligation of the student in the future to work for a certain period in any state department. The conclusion of these agreements is regulated by Decree of the President of the Russian Federation of December 21, 2009 No. 1456.

Only students who have reached the age of 18 have the opportunity to conclude such an agreement. At the same time, it is necessary to unlearn at least 2 years on the bachelor's / specialist's program, and before graduation should not be less than 1 year. For masters - not earlier than six months from the beginning of training and one year before graduation.

What documents and photocopies of documents should be in the personal files of students in accordance with the law on education and not contradict the law "On the Protection of Personal Data"?

Currently, the Procedure for Admitting Citizens to Study in Educational Programs of Primary General, Basic General and Secondary General Education, approved by the Order of the Ministry of Education and Science of the Russian Federation dated January 22, 2014 No. 32, is in force.

Is it necessary to conclude two agreements with parents (legal representatives) in a preschool educational organization: an agreement on education and an agreement on supervision and care? Is it possible to prescribe all legal relations in one contract?

Relations between the preschool educational organization and the parents (legal representatives) of the pupil are regulated by the contract.

Is it obligatory for an educational organization to conclude an agreement on education with each student or his parents (legal representatives) if he is studying at the expense of the relevant budget?

Article 53 of the Federal Law "On Education in the Russian Federation" provides for the following mandatory cases of concluding an agreement on education.

Code of the Republic of Belarus on Education
Article 53

1. Pedagogical workers are obliged:

1.1. carry out their activities at a professional level, ensuring the implementation of educational programs, education programs;

1.2. comply with legal, moral and ethical standards;

1.3. respect the honor and dignity of students and other participants in the educational process, pupils;

1.4. raise your professional level to pass certification;

1.5. lead a healthy lifestyle, promote it among students;

1.6. comply with the special conditions necessary for education by persons with special needs of psychophysical development;

1.7. undergo a preliminary medical examination upon admission to work and periodic medical examinations in the manner established by the Ministry of Health of the Republic of Belarus.

2. Other duties of teaching staff are established by legislation, constituent documents and other local regulatory legal acts of educational institutions, organizations implementing educational programs of postgraduate education, other organizations, individual entrepreneurs who, in accordance with the legislation, have been granted the right to carry out educational activities, their labor or civil legal contracts.

3. Pedagogical workers are prohibited from using educational and upbringing processes for political purposes or to induce students to take actions that are contrary to the Constitution of the Republic of Belarus and legislation.

About education
Article 53. Social guarantees

1. Pedagogical workers have social guarantees for:

1) housing, including service and (or) hostel, in accordance with the legislation of the Republic of Kazakhstan;

2) annual paid leave of 56 calendar days for teaching staff and equivalent persons of secondary education organizations and educational organizations implementing educational programs of technical and vocational, post-secondary, higher and postgraduate education; 42 calendar days - for teaching staff of educational and methodological support organizations, preschool and additional education.

2. Pedagogical workers of education working in rural areas:

1) by decision of local representative bodies, salaries and tariff rates increased by at least twenty-five percent in comparison with the rates of pedagogical workers engaged in pedagogical activities in urban conditions are established;

2) social support is provided for paying utility bills and purchasing fuel at the expense of budgetary funds in the manner and in the amount approved by local representative bodies.

2-1. Pedagogical workers of education working in rural areas are provided with additional measures of social support provided for by the legislation of the Republic of Kazakhstan.

2-2. Pedagogical workers of education working in rural areas, having livestock in their personal property, are provided with fodder, land for grazing livestock and haymaking by decision of local representative and executive bodies.

3. Pedagogical employees of educational organizations are paid annually at the expense of the relevant budgets:

1) in state educational organizations, a health improvement allowance once in a calendar year upon granting them the next labor leave in the amount determined by the labor legislation of the Republic of Kazakhstan;

2) the holder of the title "The best teacher of the university" - a state grant in the amount of 2000 times the monthly calculation index, the directions of spending of which are determined by the Government of the Republic of Kazakhstan;

3) the holder of the title "Best teacher" - remuneration in the amount of 1000 times the monthly calculation index.

Footnote. Article 53 as amended by the laws of the Republic of Kazakhstan dated 12.24.2008 N 111-IV (shall be enforced from 01.01.2009); dated October 24, 2011 No. 487-IV (shall be enforced upon expiration of ten calendar days after its first official publication); dated November 13, 2015 No. 398-V (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 02.07.2018 No. 165-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).

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1. The basis for the emergence of educational relations is the administrative act of the organization engaged in educational activities, on the admission of a person to study in this organization or to pass an intermediate certification and (or) state final certification, and in the case of educational activities by an individual entrepreneur - an agreement on education.

2. In the case of admission to study under educational programs of preschool education or at the expense of individuals and (or) legal entities, the issuance of an administrative act on the admission of a person to study in an organization carrying out educational activities is preceded by the conclusion of an agreement on education.

3. In the case of admission to targeted training in accordance with Article 56 of this Federal Law, the issuance of an administrative act on the admission of a person to study in an organization engaged in educational activities is preceded by the conclusion of an agreement on targeted training.

4. The rights and obligations of a student, provided for by the legislation on education and local regulations of an organization carrying out educational activities, arise for a person accepted for training from the date specified in the administrative act on the admission of a person for training or in an agreement on education concluded with an individual entrepreneur.

Commentary on Art. 53 of the Law "On Education in the Russian Federation"

The commented article is an innovation of the legislation on education, and for the first time regulates the moment, as well as the tools that fix the fact of the emergence of educational relations.

The basis for the emergence of educational relations is the administrative act on the admission (enrollment) of a person to an educational organization for training or for passing intermediate and state (final) certification. If educational activities are carried out by an individual entrepreneur, then such a basis is an agreement on education. The administrative act, in practice, is usually an order to enroll in the number of students (students).

At the same time, the relevant agreement is the primary basis for issuing such an administrative document. Accordingly, the enrollment order is issued on the basis of an educational agreement concluded between the parties (the applicant (his parent, legal representative) and the educational organization).

The contract as a legal fact expresses the conscious actions of persons aimed at the emergence of the corresponding rights and obligations of its parties.

There are two types of contracts in education:

1) an agreement on education, concluded in the following cases:

admission to study in educational programs of preschool education;

additional educational programs;

training at the expense of individuals and (or) legal entities;

2) an agreement on targeted admission and targeted training.

From the moment of admission (enrollment), the person accepted for training has the rights and obligations of the student, provided for by the legislation of the Russian Federation on education and local regulations of the organization.

The legislator has so far determined the grounds for the emergence of educational relations only for training in educational programs of preschool education.

The conclusion of an agreement only in writing allows the weakest party - the student (pupil), his parents, in the event of a dispute with an educational institution (as a body endowed with authority) to more effectively protect their rights.

However, the complex nature of the obligations to receive education implies the possibility of regulating the public obligations of the student and the educational organization due to the weak regulatory regulation of the academic component of educational relations in the legislation.

A reasonable parity of local normative and contractual regulation of participants in educational activities is needed. A step in the right direction would be to enshrine in the educational legislation the obligation of educational institutions to conclude such an agreement with persons studying at the expense of budgetary funds, regardless of the level, type and form of education.

Article 53. Emergence of educational relations

1. The basis for the emergence of educational relations is the administrative act of the organization engaged in educational activities, on the admission of a person to study in this organization or to pass an intermediate certification and (or) state final certification, and in the case of educational activities by an individual entrepreneur - an agreement on education.

2. In the case of admission to study under educational programs of preschool education or at the expense of individuals and (or) legal entities, the issuance of an administrative act on the admission of a person to study in an organization carrying out educational activities is preceded by the conclusion of an agreement on education.

3. In the case of admission to targeted training in accordance with Article 56 of this Federal Law, the issuance of an administrative act on the admission of a person to study in an organization engaged in educational activities is preceded by the conclusion of an agreement on targeted training.

4. The rights and obligations of a student, provided for by the legislation on education and local regulations of an organization carrying out educational activities, arise for a person accepted for training from the date specified in the administrative act on the admission of a person for training or in an agreement on education concluded with an individual entrepreneur.