Vacation after GIA in the law on education. Algorithm for providing holidays to students with graduates of HSE
Commissioner for students in Russia Artem Chromov will defend the right of students to provide them with postgraduate holidays. He sent a draft letter to educational organizations with explanations on this issue to the Ministry of Education of Russia.
Recall that according to the current legislation, graduates have the right to provide them with postgraduate holidays after passing the total certification (part 17 of Art. 59 of the Federal Law of December 29, 2012 No. 273-FZ). Vacations studying by the main professional educational programs After passing the total certification are provided according to their application within the expiration date corresponding primary educational programAt the end of which the student is deducted in connection with education. Timing of such holidays, as a rule, make up about two monthsafter the final certification.
At the same time during the holidays behind students all rights persiststipulated by the current legislation, including the right to delay military service, to receive a scholarship, for accommodation in the hostel, on a preferential passage to public transport etc.
The Commissioner explains that the positions of Part 17 of Art. 59 of the Federal Law of December 29, 2012 No. 273-FZ imply duty Educational organization in the presence of an appropriate application from the learner to provide a learning vacation until the expiration date of the relevant main educational program is fully. The grounds for reducing the period of such holidays on the initiative of the educational organization or refusal of the students in the provision of postgraduate holidays in the presence of a submitted statement does not provide legislation.
"In this way, educational organization It is obliged to provide the opportunity to submit learning applications for the provision of postgraduate holidays, as well as satisfy such statements in full in the event of a successful passage of students who submitted a statement, final certification, "says Artem Chromium. In addition, the provision of student postgraduate holidays does not hinder the issuance of a document on Higher education.
However, according to student ombudsman, many educational organizations or refuse to accept from students applications to provide such vacations or leave them without consideration, or provide holidays not in full. In this regard, the Commissioner comes from graduates of universities on the provision of postgraduate vacations to them.
Commissioner for students in Russia intends to seek strict compliance universities of Russian legislation, including norms relating to the provision of postgraduate holidays.
We in the Union Union Organization of the South Africa for several years study the phenomenon of postgraduate holidays, which is due to the exercise of public control and legal support of students in its provision.
The fact of the presence of postgraduate holidays is enshrined by the Federal Law of December 29, 2012 №273-FZ "On Education in Russian Federation" According to Part 17 of Article 59 of this Federal Law, "Studying on the main professional educational programs after passing of final certification are provided by their vacation application within the expiration date of the relevant basic educational program, after which the student is deducted in connection with education." As a rule, the regulatory time framework for undergraduate programs, specialist, magistracy in the country's universities is four years, five years and two years, respectively. From this it follows that in the event of the beginning of the student's training in the university on September 1, the period of development of the relevant educational program should be completed on August 31 of the latter school year. At the same time, it's no secret that all graduation balls will rattling at the end of June - the maximum in early July.
How it was?
The use of student rights to postgraduate holidays has been practiced for several years. On the eve of the protection of the diploma, students who need it to write a statement about the provision of postgraduate holidays. After that, the graduate formally maintains the status of the student, during this period it still continues to possess all academic rights. Also, in accordance with the Housing Code of the Russian Federation, he remains the right to accommodate in the "Student Tariffs" dormitory, and on the basis of the Federal Law "On Military Responsibilities and military service"It is distributed to the postponement from the call.
Moreover, in cases where the student in postgraduate vacation is a state employee, he receives it state scholarship. Also within the limits provided for by the legislation of funds for the organization of cultural, physical education and sports, health work with students, it can realize his right to improvement (for example, to obtain a preferential ticket to the student camp), and within the framework of the states allocated by the state for material support to realize their right on the payment of material assistance in a difficult life situation.
What's new?
Now all of the listed remains. However, according to the regulatory and legal framework of scholarships, operating until December 27, 2016, studying during the postgraduate holidays received a scholarship of the minimum, so-called regulatory size. Starting from 2017, according to the order of the Ministry of Education and Science of the Russian Federation No. 1663 for students who are in postgraduate leave, the payment of increased state academic scholarship and state social scholarships.
Previously, universities were chitri, and the use of the right to postgraduate holidays was becoming an obstacle to the issuance of a document on education. Without having a diploma, it was impossible to submit documents for admission to the magistracy and graduate school. Now, in accordance with the updated on November 29, 2016, the editors of the filling, accounting and issuance of documents on higher education and the qualifications and their duplicates, approved by the Order of the Ministry of Education and Science of Russia dated February 13, 2014 No. 112, the diploma is issued to the face that completed training on the educational program and Successfully passed state final certification. The deadline for issuing a diploma is fixed - no later than 8 business days after the duty of protection. Thus, today, the use of a student of the graduation rate of the right to postgraduate holidays does not impede the issuance of a diploma.
Two sides of the medal
In early 2017, representatives of the trade union with participation in the development of a plan-schedule of expenditure of the university scholarship funds paid special attention to financial services to the need to take into account the costs of graduates who probably use their right to postgraduate holidays. With the massive use of this right, the threat of the devastation of the scholarship of the Foundation is simply inevitable. And if in September, the number of students, which will be taught with certificate to receive state social assistance? This is possible - we do not know the social status of the guys who will come to the first course.
In addition, services were informed student hostels. One should work out the question of the potential workload of the hostels until the beginning of the new school year. But what about the necessary period on the sanitary treatment of residential premises after evicting graduates? It may simply be time left for it.
As we all know, realizing the right to postgraduate holidays, some of the proming students are engaged in admission to a magistracy or graduate school. The importance and significance of the support of such guys is obvious. The scholarship is paid, and the hostel is provided on student rates.
The other side of the medal is the opportunity to take advantage of state support in the period of "legitimate evasion" from the call. There is a question about the feasibility of supporting such persons ...
As you can see, there are a lot of problems. On the one hand, you need to fully support our students. On the other hand, it is necessary to look at the situation from all points of view and take an adequate, weighted position.
Like most colleagues across the country, we collected a trade union asset, brought up current legal information, but first of all asked for special attention to the socially unprotected categories of students. After all, many guys really need time for inclusion in adulthood, to enter the labor market. They are really vital and place in the hostel, and scholarships.
But where does the edge of rational ends and only consumer relations begins? How to be when there is a desire to "survive" finally at the state, at the university? Unfortunately, such moods also exist.
Whatever it looks strange, working in a trade union organization, you begin to understand the importance of the careful and rational use of public facilities and opportunities. After all, our task is not assisted in the development budget funds, And to protect social interests, to draw the attention of administrative services to the guys who need to be supported and protected.
In accordance with clause 47 Model position about educational institution Higher vocational education (Further), approved by the Decree of the Government of the Russian Federation of 14.02.2008 No. 71, a student, after passing the total certification, according to his personal statement, it can be provided within the deadline for the development of the basic educational program of the VPO (postgraduate leave), at the end of which deduct From students.
Vacation duration (postgraduate vacation) is determined by the requirements of the state educational Standard (State), Federal Educational Standard (GEF), Original Educational Standard (OROS) VPO, in accordance with which the student is trained.
Procedure for providing holidays (postgraduate leave):
Prior to the commencement of the final certification, held according to the order of the final state certification (form No. 40 of the album), each student coming down his studies can submit a personal application to the study part of its faculty / branch on the name of the vacation (postgraduate vacation). Student's statement is visiting
Students who have not submitted applications for the provision of vacation (postgraduate holidays), after the end of the final state certification, are subject to deductions from the university upon completion of training. At these students, the educational unit is preparing an order for the deductions of students in connection with the completion of training (form No. 20 of the album).
The submission documents are issued to these students after the exit of the order of deductions.
Students who submitted a statement on the provision of vacation (postgraduate holidays) are considered not completed training. For such students, an order for the provision of vacation (postgraduate leave) is published within the deadline for the development of the main educational program established by State, Gos, Oros VPO.
The submission documents of HSE are issued only after the end of the vacation (postgraduate leave) on the basis of an order of deduction.
Students who are studying at the expense of the federal budget and receive a scholarship, the payment of scholarships is extended for the entire drug period (postgraduate leave).
After the end of the vacation (postgraduate holiday), an order to deduct students is published. Further, students are issued on the end of the university.
Joyful time for students - graduates End of learning. And neither the military registration and enrolls nor draft commissions can overstead of this joy, because in accordance with paragraphs. "A" of paragraph 2 of Art. 24 of the Federal Law of 28.03.1998 N 53-FZ "On Military Duty and Military Service" (hereinafter - "Zovs"), the right to delay from calling for military service to have citizens full-time In educational institutions with state accreditation in the relevant areas of training (specialties). Delays are provided during training, but not over the regulatory deadlines for the development of the main educational programs.
Providing a delay from calling for military service should ensure the implementation of all citizens to be called for military service, the constitutional right to education, so this delay should be provided for the period necessary to obtain the formation of an appropriate view.
In the legislation, this period is defined as "the normative term for mastering the main educational programs." If a citizen has not stopped his training ahead of time and passed full course learning and fulfilled all the requirements of the educational program, then the period of action by the postponement ended after the deduction from the educational institution in connection with education (completion of training), and not on the day of the transfer of the latter exam or protection thesisHow often it is incorrectly interpreted by military commissariats and invited commissions. So, in accordance with paragraph 4. Article 61 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation", the basis for the termination of educational relations is the administrative act of an organization that carries out educational activities on the contribution of the student from this organization. 
Let me remind you with paragraph 17 of Article 59 of the Law "On Education in the Russian Federation", studying on the main professional educational programs after the passage of final certification are provided by their vacation application within the expiration date of the relevant basic educational program, after which the student is deducted due to With education. Since training begins on September 1, then the holidays within the deadline for the development of the main educational program may end not earlier than August 31 per year of graduation.
Application in the name of the rector is better to submit to the beginning of the final certification, but if you did not have time, then it is possible in the process. The text of the application is the simplest: "I ask you to give me a holiday with" ___ "______20__ for" ___ "__________20__ years." Before applying, it must be fused in the dean (actually, you can leave there, and they will already give the rector for the signature).
The law does not provide for the possibility of refusal, it means to refuse an educational institution you are not entitled! If suddenly refuse, the refusal must be immediately appealing to the Regional Department of Education and the Prosecutor's Office. After the end of the final certification, you will need to take a certificate for the military registration and enlistment office, indicating the date of graduation (i.e., the date of the end of the holidays) and that's it! And before the next call, no one has the right to disturb with all sorts of absurd challenges to the draft board.
Also, the attention should be focused on the following important points:
1.Tudent, who submitted a statement for the provision of holidays is considered not completed training. For such students, an order for the provision of holidays within the term of mastering the main educational program is published. Scholarship and the right to stay in the hostel persist at the student and for the time of the final holiday.
2. The deductions are issued at the end of the holidays and, accordingly, the student's diploma also receives at the end of the vacation. Accordingly, if you need a diploma earlier than September 1, then after July 15 (expiration date) you need to request a holiday before the date when you need a diploma.
In general, everything is easier simple. But this concerns only those students who did not care for visiting the military enrollment to the end of their studies. Those who went to their heads in the current appeal of a medical examination, it is worth making sure that the valiant appeal did not carry absentee decision About the call. If this happened, then together with the holidays, you need to urgently pursue the appealing of this decision. And then the call to the army at least before the autumn you also do not threaten.
Maxim Burmitsky
"Actual status of issues of network interaction of educational organizations: solutions that can be prepared before vacation care."
In the turnover of the educational organization, there is no cash settlement, payments from the population for additional formation are carried out on non-cash payment. How can I use CCT in this case?
Vacation graduate school
Question
Hello.
I was prompted to contact you one problem: I am a pensioner of the Ministry of Defense of the Russian Federation. My daughter is 18 years old, she is a graduate of the school in 2015. I and family members were given a ticket to the Ministry of Defense of the Russian Federation in July. The school received a certificate that it is a student, in accordance with the calendar training schedule until 31.08. The draft certification is not suitable for paying compensation for travel to the place of recreation. Require a certificate of training in an educational institution for full-time, but it cannot be a student at this time, since all enrollments in educational establishments Take place at the end of August, after the end of the vacation. It turns out that two months she has no status? Upon completion of the holidays, it turned out that the school, to the request of the military registration and enlistment office (for unknown reasons, perhaps administered by administrative pressure, the town of small) replied that the daughter was excluded from the SOS after receiving the certificate, i.e. issued two mutually exclusive documents (reference - 25.06, contributed -23.06).
Please explain whether the vacation is provided to a school graduate and on what basis? I ask, help, addressed all sorts of organs, no one wants to understand essentially. Thank you.
Answer:
Public relations arising in the field of education are the subject of regulation of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation" (hereinafter referred to as the Federal Law No. 273-FZ).
Relationships in the field of education are also regulated by the Constitution of the Russian Federation, other federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, containing norms regulating relations in the field of education.
Order of the Ministry of Education and Science of Russia of August 30, 2013 No. 1015 approved the procedure for organizing and implementing educational activities Basic secondary programs - educational programs of the initial general, basic general and medium general Education (hereinafter referred to No. 1015).
In accordance with the legislation on education, the educational organization independently approves syllabus and an annual calendar learning schedule (Articles 28, 30 of the Federal Law No. 273-FZ, paragraphs 9, 10 of the procedure No. 1015). Federal state bodies, Organs state power constituent entities of the Russian Federation public administration in education, organs local governmentsThe management of education is not entitled to change the curriculum and the calendar curriculum of organizations carrying out educational activities (part 10 of Article 13 of the Federal Law No. 273-FZ).
In accordance with Article 34 of the Federal Law No. 273-ФЗ, academic rights are provided, including the right to vacation - planned breaks in obtaining education for recreation and other social goals in accordance with the legislation on education and the calendar curriculum (paragraph 11 of part 1 of the article 34 of the Federal Law No. 273-FZ).
In accordance with paragraph 17 of about the order No. 1015, it was established that students are provided by holidays in the process of mastering general education programs.
Thus, holidays are planned breaks provided by students in obtaining education in the process of mastering general education programs.
Obtaining education at school (mastering in school with state accreditation of basic educational programs) is completed by the state final certification (Article 59 of the Federal Law No. 273-FZ).
Persons who successfully passed the state final certification on educational programs of secondary general education are issued a certificate of an average general education confirming the acquisition of the general formation of the relevant level (Article 60 of the Federal Law No. 273-FZ, paragraph 20 No. 1015).
In accordance with paragraph 22 of the order of filling, accounting and issuing certificates, the main and secondary general education and their duplicates (approved by the order of the Ministry of Education and Science of Russia dated February 14, 2014 N 115) certificates and applications to them are issued no later than ten days after the date of publication. administrative act on the contribution of graduates.
It should be noted that difficulties have previously arisen with the call of graduates of schools for military service, and by the spring of 2011, the situation was so aggravated that the Ministry of Education and Science of Russia in a letter dated 04.04.2011 No. 03-196 was forced to give clarification "On the situation with a call for military service of graduates XI (XII) classes entering universities. "
At the same time, in the summer of 2011, a federal law of 28.06.2011 N 167-FZ was adopted "On Amendments to Article 24 of the Federal Law" On Military Duty and Military Service ", which was enshrined by the right of school graduates, successfully passed the state final certification According to the educational program of secondary general education, for a postponement from calling for military service for the period up to October 1, the passage of the specified certification.
The final date of the deferment of this category of persons specified by the legislator is due to the fact that, first of all, on October 1, as a rule, a staffing has already happened training groups And the student set is stopped. Secondly, from October 1, the second stage of the call is beginning - autumn, which lasts until December 31.
Thus, the changes made to Article 24 of the Federal Law "On Military Duty and Military Service" make it possible to all graduates of the eleventh grades, which have reached the period of the spring call from April 1 to July 15 of the draft age (i.e., 18) and Received a certificate, implement the constitutional right to education.
It should be noted that the Federal Law of the N 273-FZ "On Education in the Russian Federation" was adopted on December 29, 2012, that is, after making the above changes to Article 24 of the Federal Law "On Military Duty and Military Service".
Federal Law No. 273-FZ provides for the possibility of providing the vacation after passing the total certification only for students on the main professional educational programs. Thus, according to part 17 of Article 59 of the Federal Law No. 273-ФЗ, students in the main professional educational programs after the passage of final certification are provided by their vacation application within the expiration date of the relevant basic educational program, after which the studies are deducted in connection with education.
In accordance with Part 17 of Article 59 of Federal Law No. 273-FZ:
Educational programs on educational programs of secondary vocational education after the passage of final certification are provided by their vacation application within the term of the development of the relevant educational program of secondary vocational education, at the end of which the contribution of students in connection with the receipt of education (see paragraph 38 Order of the Ministry of Education and Science of Russia from 14.06.2013 N 464 "On approval of the procedure for organizing and implementing educational activities on educational programs of secondary vocational education) ;
According to the educational program on educational programs higher education His holidays are provided after passing the final (state final) certification (see paragraph 39 of the Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1367 (Ed. of January 19, 2010) "On approval of the procedure for organizing and implementing educational activities on educational programs of higher education - undergraduate programs , specialist programs, magistracy programs ").
At the same time, a similar rule on the possibility of providing the holidays after passing a total certification for school students in the main general educational program of secondary general education by Federal Law No. 273-FZ and other regulatory legal acts is not provided.
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