Article 54 Education Law. Agreement for the provision of educational services between legal entities

It is worth noting that situations can be different: from sending an employee to a higher educational institution for additional education, to sending an employee to various retraining courses. In this case, the employer is forced to conclude 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 the essential conditions of the training agreement. 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 the way they are formulated by law. In this article, we will consider the features of the conclusion and verification of an agreement on 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 contract, it is necessary to indicate the names of the parties - who is the performer and who is the customer, as well as indicate the persons authorized to act on their behalf when concluding the training contract. The contractor can be an individual entrepreneur or a legal entity providing educational services. If the executor is a non-profit organization, then its constituent documents must provide for the possibility of carrying out activities that generate income, this activity must comply with the goals of creating the organization, and the non-profit organization must have sufficient property to provide educational services. The contractor can be both an educational organization (professional educational organization, educational organization of higher education, organization of additional professional education), and an organization that provides training, but does not have the status of an educational one. It is advisable to also reflect in the agreement information about the availability of the contractor's accreditation to provide services for the relevant educational program. Considering the above, it is reasonable for the customer to take measures to verify the constituent documents and the availability of accreditation with the contractor. Any capable person, both natural and legal, who orders services can act on the customer's side. An education contract can be concluded directly by the person who will be trained, or constitute an agreement for the provision of educational services to a third party (student). In this case, the customer is obligated to pay, 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 contract

An agreement on the provision of paid educational services (a training agreement) is an agreement under which one party (performer) undertakes to provide educational services, and the other party (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 in this section it is necessary to reflect its type, level or focus. Training can be carried out according to the main (type: training of qualified workers or employees, training of middle-level specialists) or an additional educational program. The focus can be determined in the contract by indicating the profession, specialty, qualification awarded 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 both directly in the text of the agreement, or be placed in a separate appendix. In this section of the agreement, 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, a certificate of training. If the students are not a party to the contract being concluded, then the parties must agree in the text of the contract or in the appendix to it information about the students, as well as the requirements for them (education level, work experience, age, etc.) The contract reflects the availability and forms control of students, and also the issue of receiving documents by students confirming the completion of training is being considered.

3. Terms of service provision

The term for the 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 the term, then 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 the 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 course of the term (period of study), as well as the moment of the end of the period of study. Also, the parties have the right to determine interim terms. The moment of the beginning of the course of the period can be determined by indicating a calendar date or event (for example, an advance payment by the customer, signing a contract). The moment of the end of the training period is determined in a similar way.

4. Procedure for the provision of services

This section of the contract assumes that the parties agree on the following conditions: the form and place of provision of services, technologies used in the provision of services, the schedule of classes, the admissibility of attracting sub-contractors, the procedure for registering the results of the provision of services, the procedure for enrolling students for training, student responsibilities. When concluding a contract for training under an educational program, the parties determine the form of training (full-time, part-time or part-time), as well as the admissibility of the use of e-learning and distance technologies. Undoubtedly, the use of the latter methods can be extremely convenient for the customer-employer; moreover, distance learning often involves significantly lower costs compared to training that involves the presence of the student at the place of service. However, the customer of educational services should take into account that the Ministry of Education and Science of the Russian Federation establishes a list of professions in which training cannot be exclusively e-learning or distance technologies. The condition of who (the contractor or the customer) provides the equipment and software for the training can be essential. In order to avoid conflicts, it is advisable to define this in the text of the agreement. It is also necessary to reflect what methodological materials and access to what information resources (library, archive) the performer provides. Given the fact that training can take place while the employee is performing his job functions, the customer may be interested in agreeing on the training schedule. In this case, the schedule and intensity of the load are reflected by the parties in the text of the contract or in the annex 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 in the contract, the parties have the right to provide for the admissibility of attracting third parties to the provision of educational services (sub-executors), as well as establish a list of permissible sub-executors and the requirements for them. If in the contract the parties have not reflected the requirements for third parties involved by the contractor for the provision of services, then the right to choose a sub-contractor is given 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 registering 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 the intermediate terms agreed 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 the event that the other party avoids signing it.

5. Quality of services

In this section of the agreement, the parties agree on the requirements for the quality of the educational services provided. In particular, the parties have the right to indicate that the services must comply with the mandatory requirements or the requirements contained in the regulatory documents. Also, the parties can 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, the simplicity and accessibility of the presentation of the material. The organization of the educational process includes conditions for sufficient material and technical support of the educational process, proper educational and methodological support, the state 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 successful completion of the final certification, exam, and credit by students. The services provided may not meet the quality requirements agreed by the parties. In this connection, it is advisable in the contract to provide for the consequences of the provision of services of inadequate quality. We can talk about gratuitous elimination of deficiencies (in this case, the contract specifies the deadline for elimination) or reimbursement of the customer's expenses for elimination (then the contract must agree on the term for payment of compensation).

6. Price of services

The price condition is an essential condition of the contract for the provision of paid educational services. Thus, the parties cannot ignore it. Payment can be made both in cash and by other counter-provision (provision of services, performance of work, etc.) The price can be agreed by the parties by indicating a fixed amount, applicable tariffs or by indicating tariffs (prices) for similar services established by a state or municipal authority. If the scope of services is significant, the parties can agree on the preparation of the estimate. Taking into account the fact that educational services can be provided for a significant period of time, it is reasonable to agree in the contract a condition on the procedure and limits for price changes due to inflation or an increase in the exchange rate 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 a condition on the inclusion of the contractor's costs in the contract price or the procedure for reimbursing these costs.

7. Payment for services

In this section, the parties determine the procedure and terms of payment for the contractor's services by the customer. Since a 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 a service can be advanced. When using prepayment, the parties can agree on a condition for the payment of interest for the use of a commercial loan. However, in practice, a commercial loan clause 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 settlements. As a rule, a non-cash form of payment is used by means of payment orders. But the parties can use other methods of making settlements. Regardless of the chosen form of cashless settlement, the parties must determine the moment when the customer is considered to have fulfilled the obligation to pay. The contract may provide for a condition on payment for the rendered educational services by other counter provision (transfer of things, 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 terms for performing the necessary actions, as well as the requirements for the quality of the counter grant.

8. Responsibility of the parties

In this section, the parties agree on the conditions of occurrence and the amount of liability for violation of the agreement on the provision of paid educational services. The most common liability is forfeit. As a rule, the customer violates the term of payment for the provided educational services. However, other violations may also be committed, entailing the obligation to pay a forfeit. For example, failure to provide the necessary equipment or software, if the corresponding obligation is imposed by the contract on 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 ban agreed by the parties or involvement of a sub-contractor not agreed by the parties, delay in the provision of services (a violation of the start or end of the provision of services, as well as intermediate terms, agreed by the parties at the conclusion of the contract), delay in gratuitous elimination of deficiencies, as well as delay in reimbursement of the customer's expenses for the elimination of deficiencies. The parties must agree on the maximum amount of the forfeit payable, as well as the ratio of losses and forfeit. And also establish the procedure for compensation for losses arising from one of the parties in case of violation of the terms of the contract.

9. Modification and termination of the contract

In this section, the parties agree on the conditions and procedure for terminating and changing the education contract. 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 changing and terminating an agreement on the provision of paid educational services is essential. The parties determine the grounds for terminating 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, there may be a violation of the terms for the provision of services or the involvement of third parties in execution in the presence of a prohibition. The contractor may also be given the right to demand termination of the contract, for example, if the customer violates the terms of payment for the services rendered (failure to make an advance payment, violation of intermediate payment terms). Also, the parties may include in the text of the agreement the provision of the law on the customer's right to refuse to execute the agreement 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 conflicts that arise. The parties indicate the court competent to consider all disputes arising. It is advisable to agree on a claim procedure for considering contradictions in the contract. To do this, it is required to agree on the procedure and term for sending a claim and responding to it. If in the agreement the parties have established a mandatory direction of the claim before going to court, then non-compliance with the claim procedure prevents going to court.

11. Final provisions

The final clauses indicate the duration of the contract. It is advisable to indicate that, regardless of the term specified in the contract, the obligations arising from the contract continue to exist until the moment of their fulfillment (for example, the obligation to pay for services). The parties have the right to establish the procedure and terms for familiarizing students with the terms of the training agreement. This section also indicates the procedure for sending legally significant messages (letters, claims). As noted, you can get a fully drafted contract, similar to the above steps, using the ConsultantPlus "Contract Designer" program. The author thanks Nadezhda Braginets, the legal adviser of OJSC IPZ, for help in preparing the material.

1. An education contract is concluded in simple written form between:

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

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

2. The education contract 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 period of mastering the educational program (duration training).

3. The agreement on education, 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, except for an increase in the cost of these services, taking into account the inflation rate 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 as of the date 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 the coverage 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 of individuals and (or) legal entities. The grounds and procedure for reducing the cost of paid educational services are established by a local regulatory act and are communicated to students.

6. An education contract cannot contain conditions that limit the rights of persons entitled to receive education of a certain level and focus and who have applied 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 the 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 agreement, such conditions shall not apply.

7. Along with the grounds established by Article 61 of this Federal Law for the termination of educational relations 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 that if the 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 of the contract for the provision of paid educational services by the organization carrying out educational activities are indicated in the contract.

9. The rules for the provision of paid educational services are approved by the Government of the Russian Federation.

10. Model forms of contracts on education are approved by the federal executive body responsible for the development of state policy and legal regulation in the field of education.

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

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

2. The education contract 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 training, the period of mastering the educational program (duration training).

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

10. Model forms of contracts on education for basic general education programs, educational programs of secondary vocational education and additional general education programs are approved by the federal executive body responsible for the development and implementation of 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, which is responsible for the development and implementation of state policy and legal regulation in the field of higher education. The approximate form of an agreement on additional vocational education is approved by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of higher education, in agreement with the federal executive body responsible for the development and implementation of state policy and regulatory legal regulation in the field of general education.

(see text in previous edition)

Art. 53 of the Law on Education is an innovation of the legislation on education, and for the first time regulates the moment, as well as the instruments 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 education agreement. The administrative act, in practice, is usually an order for admission to the number of students (students).

At the same time, the primary basis for the issuance of such an administrative document is the corresponding agreement. 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 deliberate 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) a contract on education, concluded in the following cases:
- - admission to training 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 vested with authority), to more effectively protect their rights.

However, the complex nature of education obligations 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.

Reasonable parity of local regulatory and contractual regulation of participants in educational activities is required. A step in the right direction would be to consolidate 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 55 of the Law on Education is an innovation in educational legislation, since the previously existing educational laws did not contain independent articles regulating general requirements for the admission of citizens to study in an educational organization.

Article 55 of the Education Law sets out the principles, general procedure and conditions for admission to study.

At present, a specific mechanism for admitting citizens to study, depending on the level of education and the specifics of the educational program, is fixed and is being developed in a number of by-laws. These include:

Order of the Ministry of Education and Science of Russia dated January 22, 2014 No. 32 "On approval of the Procedure for admitting citizens to study in educational programs of primary general, basic general and secondary general education";

Order of the Ministry of Education and Science of Russia dated 22.03.2012 No. 221 "On approval of the Procedure for admitting citizens to educational institutions of primary vocational education";

Order of the Ministry of Education and Science of Russia dated January 15, 2009 No. 4 (as amended on March 14, 2012) "On approval of the Procedure for admission to state-accredited educational institutions of secondary vocational education";

Order of the Ministry of Education and Science of the Russian Federation of 01/09/2014 No. 3 "On approval of the Procedure for admission to study in educational programs of higher education, bachelor's programs, specialist programs, master's programs for the 2014/15 academic year"

At the same time, issues of admitting citizens to study that are not regulated by law can be regulated directly by educational organizations at the local level, i.e. in local regulations.

Art. 54 Education Act in the latest valid version dated December 30, 2012.

There are no new revisions of the article that have not entered into force.

An education contract is concluded in simple written form between:

1) an organization carrying out educational activities and a person enrolled in training (parents (legal representatives) of a minor);
2) an organization carrying out educational activities, a person enrolled in training, and an individual or legal entity undertaking to pay for the education of the person enrolled in training.

The education contract 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 study, the period of mastering the educational program (duration of study) ...

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, except for an increase in the cost of these services, taking into account the inflation rate provided for by the main characteristics of the federal budget for the next financial year and planning period.

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 as of the date of the contract.

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 coverage 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 a local regulatory act and are communicated to students.

An education contract 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 training (hereinafter referred to as applicants), and students or reduce the level of provision of guarantees to them in comparison with the conditions established by law about education. If conditions limiting the rights of applicants and students or reducing the level of guarantees provided to them are included in the agreement, such conditions shall not apply.

Along with the grounds established by Article 61 of this Federal Law for the termination of educational relations on 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 if the proper fulfillment of the obligation to provide paid educational services became impossible due to the actions (inaction) of the student.