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A training center worked in Sevastopol. Not at a state institution or department, but simply LLC. This company taught people how to manage small boats: because Sevastopol. This is a useful skill for making money: you can learn how to ride people on boats and motor boats, or just fish yourself.

The company developed its own training program and used the standard development of the Ministry of Emergency Situations. Courses were paid, but not mandatory. If you want - study, if you don't want - get rights without these courses.

The company did not consider that it was engaged in educational activities for which a license was required. But the transport prosecutor's office came and issued a fine of 40 thousand rubles. The case reached the Supreme Court. If you teach someone something, you will learn a lot of interesting things.

Why did the prosecutor issue a fine?

The company was fined for doing business without a license. According to the law, if a license is needed for a business, but it is not, a legal entity is fined 40-50 thousand rubles, and an individual entrepreneur - 4-5 thousand.

The prosecutor's office decided that since the company teaches someone something, then this is an educational activity. And it is legally licensed. Teaching without a license is a violation.

The company did not agree to pay the fine and went to challenge it in the courts. She even succeeded at first, but the prosecutor did not give up. So they sued for more than a year, until the Judicial Board of the Supreme Court put an end to this case.

What did the courts say?

You can fine for the lack of a license only if it is mandatory. Not all activities are licensed.

With schools and universities, everything is clear - this is basic education, it needs a license. But according to the law, a license is also needed for additional education.

Two instances considered that the courses offered by the company are not additional education. They are optional and do not affect anything. You can get the right to drive small boats without these courses. And if a person has completed courses, this does not give him any advantages in obtaining rights and certification.

The firm developed its own program, and it did not approve it in any bodies. A certificate after these courses fixes only their completion and is not officially considered a confirmation of professional qualifications.

Such courses do not seem to fall under the laws on education and licensing. We decided that the prosecutor was wrong, the first instance too - the fine should be canceled.

The case turned out to be complex and important: it was transferred to the judicial board for consideration. It was also included in the fifth review of judicial practice for 2017. This is not the case with every case.

Here are the conclusions of the three judges, taking into account the arguments of all parties.

Education is a process of upbringing and learning. It is also a set of knowledge, skills, values, experience and competence. That is, education is not only a kindergarten, school or university.

The purpose of education is the development of a person in various areas: creative, moral, physical, professional. These are not necessarily math lessons, a certificate of labor protection specialist or residency at a medical university.

It turns out that courses for drivers of boats and boats are education. Students receive some skills and knowledge. And the company conducts internal exams and checks how the material is learned.

If the firm is engaged in education, it is an educational activity. It needs a license. So the state controls that educational services do not harm anyone. A license for educational activities must be obtained necessarily, and not optional.

The fact that these courses do not affect anything and are not needed for obtaining rights is not an argument for not obtaining a license. And this does not mean at all that the activity is not educational.

The prosecutor was right. The fine is legal, but the company cannot work without a license.

Outcome. The decision of the first instance was upheld. The company will pay 40 thousand rubles for organizing courses without a license. And if she continues to work like this, she will be fined again and may even be closed.

Who is affected by this judgment?

This decision concerns everyone who organizes courses, trainings and schools. It is not necessary to teach children or issue state diplomas. If you give someone knowledge in your own program, in your courses people get any kind of skills and then they can apply them in everyday life, it is quite possible that you do not have the right to work without a license.

Even if you only motivate people to get an education in your courses and trainings, this can also be a licensed activity.

I personally teach people. Do I also need a license?

If you teach people personally and at the same time have the status of an individual entrepreneur, a license is not needed. But for this you must have the appropriate education and work experience. No one can teach anything.

If you teach courses without IP status, this is a reason to fine you on a different basis.

For example, an English tutor does not need a license. But if he unites with other teachers and opens a private school, he is needed. But if he teaches at this school alone, and hires only a cleaning lady, then a license is not needed. There are more nuances, we do not give a complete guide. If you work in this segment, study the regulatory documents for your business or consult an expert.

What happens if you don't get a license?

The inspection may be scheduled, but it may also be unscheduled. The authorized body can learn about the fact of violation in any way, for example, from your students or competitors.

How to arrange courses and trainings so as not to pay a fine?

Make sure you have an educational activity. To begin, study the Supreme Court's findings from this case. Then read the articles of laws referred to by the Judicial Board.

As you can see, local courts interpret the same rules of law in their own way. Get opinions from different authorities. Send requests to the education department in your region, the prosecutor's office, Rosobrnadzor. Requests can be sent electronically or by mail. Now you don't even have to go anywhere.

Do not ask verbally. Prepare the same requests, in which you describe in detail what you do, what OKVEDs you work for, whom, what and why you teach. Attach your training program, tell us how you organize the educational process and how you confirm your qualifications upon completion of your studies.

Do not try to hide the meaning of the work with the correct wording in the contracts. If the prosecutor's office or anyone else comes with a check, it will not help. The court will get to the bottom of your business and figure out if you are actually teaching people or just giving them a set of webinars and links to study. And if there is a disgruntled student who paid you money, the inspectors will have even more evidence.

Collect responses from authorized bodies. If you are told that a license is not needed, and during the check it turns out that this is an error, there will be an argument to challenge the fine. You will prove that you wanted to do everything according to the law and did something for this.

If you need a license, get one. Find out what you need specifically and how much it costs. The Internet is full of information about what to do and where to go. There are firms that will help you get a license - you don't even have to do anything.

The license for educational activity is long and costs money. But it's definitely cheaper than paying fines. If you get a license, you will have an advantage over your competitors. For example, maternity capital will be allowed to be spent on your courses, and diplomas and certificates will be more valuable in the professional community.

Get the paperwork right. If you are sure that you do not need a license, but do not want to check it in court, contact a lawyer. He will help to draw up the documents correctly so that neither competitors nor the prosecutor have a chance to hold you accountable.

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

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

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

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

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

1) reorganization of legal entities in the form of affiliation if the merging legal entity has a license;

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

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

7. When an organization carrying out educational activities is reorganized in the form of joining another organization carrying out educational activities, the license is reissued on the basis of licenses of such organizations.

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

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

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

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

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

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

2) for licensing, educational activities are declared for educational programs that the license applicant or licensee, in accordance with this Federal Law, is not entitled to implement;

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

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

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

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

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

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

Law of July 3, 2016 N 305-FZ.

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

(see text in previous edition)

Professional education employees of organizations for up to 72 hours, carried out by specialists and highly skilled workers of these organizations in order to deepen and maintain the level of qualification of the organization's employees, their regular certification, adaptation of newly hired workers to the specifics of production, working conditions, traditions of the workforce, reflecting information about the training in the qualification profile without issuing documents on education or qualifications is not subject to licensing for the right to conduct educational activities.

This activity falls under the action not of the law "On Education", but of the Labor Code, and specifically Chapter 32 of the Labor Code "Student Agreement". During the apprenticeship, it is not the employee who pays the employer for his training, but the employer pays the specified training to the employee, paying a scholarship of at least the minimum wage (now 5205 rubles)

This is not pure education, but rather professional training.

The student agreement may contain a condition on the need to work for a given employer for a certain time. Wherein

Article 207
Persons who have successfully completed apprenticeship, when concluding an employment contract with the employer, under the contract with which they were trained, are not subject to a probationary period.

If, upon completion of the apprenticeship, without good reason, the student does not fulfill his obligations under the contract, including not starting work, he, at the request of the employer, returns to him the scholarship received during the apprenticeship, and also reimburses other expenses incurred by the employer in connection with the apprenticeship.

At the same time, according to

Decree of the Government of the Russian Federation of March 31, 2009 N 277
(as amended on 09/24/2010)
"On Approval of the Regulations on Licensing Educational Activities"

2. Not subject to licensing:

a) educational activities in the form of one-time lectures, internships, seminars and other types of training that are not accompanied by final certification and the issuance of documents on education and (or) qualifications;

b) individual labor pedagogical activity, including in the field of vocational training.

Thus, you can either conclude an employment contract with these persons with the conclusion of a student contract, and then you can carry out as a legal entity (of course, you will have to register this legal entity first, for example, in the form of an LLC) vocational training for your employees, providing them with all the guarantees, provided by the TC.

Or, as an individual entrepreneur, you can carry out one-time lectures, internships, seminars that are not accompanied by final certification and the issuance of documents on education (note that they are one-time, not systematic), or carry out individual labor pedagogical activities in the field of prof. preparation.

Individual labor pedagogical activity is carried out in accordance with

Article 48 of the Education Law

Individual labor pedagogical activity

1. Individual labor pedagogical activity, accompanied by the receipt of income, is considered as entrepreneurial and is subject to registration in accordance with the legislation of the Russian Federation.

2. Individual labor pedagogical activity is not licensed.

3. Unregistered individual labor pedagogical activity is not allowed. Individuals engaged in such activities in violation of the legislation of the Russian Federation shall be liable in accordance with the legislation of the Russian Federation. All revenues received from such activities are subject to collection in the income of the relevant local budget in the prescribed manner.

In September 2013, a new version of the law "On Education in the Russian Federation" No. 273-F3 came into force. Along with other provisions, the article on licensing educational organizations has undergone significant changes. This point is extremely important, since educational centers (dance schools, foreign language courses, yoga studios, creativity centers) operate in the general education system.

What organizational and legal forms require a license?

According to the Law, almost all organizations conducting educational activities are subject to licensing (Article 91, paragraph 2): activity directly.
Another innovation is that individual entrepreneurs who involve other pedagogical workers in the implementation of educational activities had to obtain a license before 01/01/2014 (Article 108, paragraph 10).

What activities are subject to licensing?

The range of types of education, according to the new law "On Education", is quite wide (Article 91, clause 1): by subspecies of additional education”. A license for foreign language courses is required in the same way as for a dance school.

Who issues the license?

The issuance of educational licenses takes place at two levels (Article 91, paragraph 3): “by the federal executive body exercising the functions of control and supervision in the field of education, or by the executive body of the constituent entity of the Russian Federation exercising the delegated powers of the Russian Federation in the field of education” . This body is the Federal Service for Supervision of Education and Science. In Moscow, the executive body is the Department of Education of the City of Moscow.

List of required documents

Charter (notarized copy);

Certificates of state registration and amendments (notarized copies);

Decision on creation and changes (copies certified by the head);

Title documents for the premises involved in the educational process;

Information about the organization of the educational process (create a file):

1.1. The name of the program.
1.2. Development period.
1.3. Type, level of education.
1.4. Lecturer, leader.
1.4.1. FULL NAME.
1.4.2. Basic education, advanced training, retraining.
1.4.3. Academic degree, qualification category, honorary title.
1.4.4. Pedagogical experience is general (of which in this discipline).
1.4.5. Main place of work, position; conditions of involvement in labor activity in the organization.

Material and technical means that are used (computers, projectors, library resource, etc.).

Conclusions of the SES and the Ministry of Emergency Situations.

For individual entrepreneurs, this list is relevant, with the exception of items related to legal entities (Charter, Decision on creation).

Terms and payment

The term for preparing documents for licensing is from 3 working days. The term for consideration of documents by the licensing authority is 45 working days. The license fee (since 2013) is 6,000 rubles. The bill for the work of the expert commission is paid separately (about 6000 rubles)

How long does it take to have a license?

For individual entrepreneurs, the deadline for issuing a license is January 1, 2014. All other types of organizations are required to issue a license before January 1, 2016. The validity of licenses for educational activities, issued earlier, continues. They must be re-registered before 01/01/2016 (Article 108, paragraph 9).

Is it worth using intermediaries?

For registration of an educational license, intermediary firms take from 30,000 rubles. up to 100,000 rubles If the intermediary company works without the use of corruption schemes, then you still have to collect the entire package of documents, and you will not save time. The intermediary firm only helps to determine the list of documents. Checking your premises by the Ministry of Emergency Situations and SES will also take the allotted time. It will not be possible to get an educational license very quickly. If an intermediary company promises to issue a turnkey license in 2 days, in this case you are supporting corruption by ordering their services. To conduct a preliminary examination of documents, you can go to a free 15-minute consultation with the Department of Education. You will be competently told all the details, but you will have to stand in line for 30-40 minutes.

Penalties for working without a license

For the implementation of educational entrepreneurial activities without a license, you can be held criminally liable under Article 171 of the Criminal Code of the Russian Federation. Punishment under this article can be a fine of up to 300 thousand rubles, compulsory work up to 480 hours, arrest for up to six months. If it is proved that the activity was carried out by a group of persons by prior agreement, then fines can reach 500 thousand rubles, and sentence to forced labor and imprisonment for up to 5 years.

Can students be issued certificates?

Paragraph 15 of Article 60 directly says that now training centers have the right to issue any documents that can only be invented: even diplomas, certificates or certificates, even medals: “organizations engaged in educational activities have the right to issue to persons who have mastered educational programs, according to which it is not provided for the final certification, documents on training according to the model and in the manner that are established by these organizations independently.

Case Study - Training Center

“When we started filling out the documents, we found out a lot of interesting details, for example, any curriculum can be specified. Most of the time was spent inspecting the premises, even had to measure the level of microbes and show the evacuation plan in case of fire. Don't tell SES that you use computers! Otherwise, they may be forced to measure the level of radiation. By the way, the license is issued indefinitely. But, if the lease term of the premises is limited, then the license can be given for the lease term.
Anastasia Fomina, Head of the training center "National Project", Moscow

Another case from practice - foreign language courses

“Checking the premises is a completely unpredictable process, it can take several weeks, it's as lucky. Everything else is quite simple, it took only one day to collect the rest of the documents. Getting an educational license for foreign language courses turned out to be easier than we thought.”
Kristina Gugnyaeva, head of foreign language courses "Deutschkurse", Moscow

Summary

an educational license is required for all legal forms, except for self-employed entrepreneurs who do not hire teachers

a license is required for all types of training centers: foreign language courses, dance schools, training centers and others.

The license must be issued before January 1, 2016. For individual entrepreneurs, the deadline is January 1, 2014.

there is no need to contact intermediaries. Legally, intermediaries will not be able to quickly obtain approval from the Ministry of Emergency Situations and the SES.

the most difficult stage is obtaining certificates from the Ministry of Emergency Situations and SES for your premises

Usually it takes 1-2 weeks for the whole process of preparing documents

Obtaining licenses for educational activities is a rather laborious process. However, its presence is necessary for work and, as a result, gives the owner a number of advantages:

- legalizes the activities of an educational institution;
- confirms the proper level of the training center (availability of classrooms, teaching aids, etc.), which strengthens the business reputation of the organization;
- gives the right to the training center to issue to its students a document of its own sample on the courses taken, which is an additional marketing tool.

For entities providing services in the field of education with the involvement of teaching staff, a state license for educational activities is mandatory. The issuance of this permit is carried out in a strictly established legal order. Consider further, .

Who is required to have a permit?

License for the right to carry out educational activities needed:

1. Preschool institutions.
2. Schools.
3. Vocational training institutions. These include universities, colleges, schools, etc.
4. Organizations of additional education. This category includes courses, various linguistic centers for adults and children.
5. Institutions of other forms of education and training.

Exceptions

The legislation establishes a list of cases when it is not necessary to obtain a license. These exceptions include:

1. One-time seminars, lectures, after which certification is not carried out and certificates are not issued on official forms.
2. Entrepreneurs who personally give individual lessons without the involvement of other teachers. In particular, we mean private speech therapists, tutors, etc.

Process complexity

Before that, the institution needs to carry out a number of preparatory activities. The regulation, which regulates the process of issuing a permit, provides for certain conditions for interested parties. The need to comply with them makes the whole procedure quite laborious and lengthy. It is worth saying that several months may pass from the date of registration of the organization to the moment of obtaining a license. At the same time, collecting the necessary papers is far from the most difficult stage.

Before that, you should carefully study the requirements for the premises, teaching staff, equipment, and curricula. Their set will depend on the type of organization, the age of the students, the time they will be in the classroom. Special attention should be paid to sanitary and fire regulations, methodological recommendations for the development of programs. A mandatory step is the formation of a preliminary schedule.

room

It is not enough for an educational institution to have only a legal address. The institution needs a room that meets the objectives of the activity and all established standards. Depending on the type of establishment, there may be requirements for the minimum number of rooms, dimensions, the presence of separate entrances, the condition of the territory, etc.

The interested subject will have to independently study the SNiPs and SanPiNs, select the appropriate prescriptions for a particular type of activity and select a room. It will need to be corrected. To do this, make repairs using the recommended materials, install an alarm, provide the necessary temperature conditions, and so on.

After the completion of all work, employees of the State Fire Supervision and SES are invited. They conduct an audit and draw up a safety report. We should not forget that equipment, furniture, inventory must also comply with the established requirements. All goods that are purchased must have a certificate. If it is intended to provide students with food, it is necessary to equip the kitchen and the dining room separately. Compliance with their standards is checked by Rospotrebnadzor.

Programs and Staff

A license is issued to an institution only if all the established requirements are met. These include, among other things, the availability of training programs. For a person who has never done this, it is quite difficult to develop them on their own. The fact is that all programs must comply with the Federal State Educational Standard. Their compilation can be entrusted to teachers accepted into the staff. In extreme cases, you can take the plans of other institutions as a sample or involve an experienced methodologist under the contract.

Each program must be approved by the signature of the management of the organization. Before submitting, it is necessary to form a teaching staff. Qualifications, experience and others are confirmed by the relevant papers. Additionally, you should purchase methodological and educational literature, technical equipment.

Required papers

Only a registered subject can do this, the following must be presented to the authorized body:

1. A notarized copy of the Articles of Association.
2. The decision to form a legal entity or to amend the constituent documentation.
3. St. OGRN. If there were changes in the Unified State Register of Legal Entities, then an extract is presented. All these papers must be certified by a notary.
4. St. TIN.

Additionally

Attached to the above papers are:

1. Title documents for the building/premises and territory (if the institution occupies the entire building). It can be a lease, a certificate of ownership, etc.
2. Director-approved study programs. If necessary, they are coordinated and certified with the relevant institution.
3. Educational plans. They indicate the type of education, the name of the program, the time of its development, the level, the teaching staff.
4. Information about employees. In particular, copies of work books and diplomas are presented.
5. Certificate certifying the material and technical security of the activity. It is drawn up on a form approved by the Ministry of Education and Science and signed by the head.
6. Sanitary conclusion on the suitability of the premises for training. It is issued by Rospotrebnadzor.
7. A document on the availability of conditions for the provision of food, ensuring the health of students (if necessary).
8. Act of the State Supervision.
9. A copy of the receipt confirming the payment of the fee.

If a license is issued for a structural unit, a decision on its creation is additionally attached, as well as a certificate of state registration and a Regulation on the organization of its work.

Where to apply?

The above papers are handed over to the authorized body along with an application and a copy of the manager's passport. Materials can be brought in person or sent by mail. The authorized body may be a regional, republican, regional ministry, committee or Department of Education. A similar procedure has been established for entrepreneurs providing services in the field of education with the involvement of teachers. For them, the list of securities will not include constituent documentation. All other activities are similar to those carried out by the legal entity. However, it should be noted that registrars claim that it is much more difficult for an entrepreneur to obtain a license than for organizations.

Procedure

Department of Education accepts papers according to the inventory and supplies a mark. The process of issuing a permit takes place in several stages:

Within 60 days, a decision is made to grant permission or to refuse it. This period starts from the date of registration of the application. If the specialists recognize the inexpediency of issuing a permit based on the results of the inspection, an appropriate response is sent to the person concerned. It must state the reasons for the refusal. It is worth noting that dissatisfaction of the application is allowed if the information that was provided is unreliable, or the conditions that the subject created are not suitable for conducting educational activities. The interested subject may challenge the refusal of the authorized structure in court. The term of validity of a license for educational activities is not limited. However, the bodies of the Ministry of Education and Science can suspend or withdraw it in case of violation by the legal entity or entrepreneur of the established requirements.

Reissuance of a license for educational activities

It may be required for:

1. The need to supplement the previously issued permit with information about the addresses of the provision of services in the field of education, about branches or training programs.
2. Change of location or name of the institution.
3. The emergence of a new institution during the reorganization of a legal entity.
4. Termination of the implementation of educational programs.

Reissuance of a license for educational activities will require additional paperwork from the person concerned. For example, during the reorganization, you will need to present an appropriate decision, extracts from the Unified State Register of Legal Entities, a new charter. The legislation also provides for a temporary license for educational activities. It is issued for a year. Such permission is necessary for legal entities providing services in the field of education that have arisen in connection with the reorganization of the institution in the form of separation or division.

In some cases, the subject may renew the license. The law sets out the conditions under which this is allowed. Documents for license renewal will need to include a paper confirming the existence of a previously issued permit. In practice, this procedure is rarely used. As a rule, interested persons carry out renewal of the license.

A responsibility

The complexity of the procedure for obtaining a license often becomes the reason for the violation of legislative requirements by many organizations and entrepreneurs. Meanwhile, work without permits involves:

1. Administrative responsibility in the form of recovery from 2 thousand rubles. (for individuals) up to 50 thousand (for organizations).
2. Punishment in the form of a fine up to 300 thousand rubles, up to 5 years in prison with a penalty of up to 500 thousand rubles.

These types of liability are provided for commercial organizations providing educational services without a license. As for state institutions, they have no choice but to work with the permission of the Ministry of Education and Science. If the educational institution has committed a violation of the law, the Code of Administrative Offenses (Article 19.20, part 1) establishes a fine. Its value is up to 250 thousand rubles. It is worth saying that the consequences that occur when violations are committed are incommensurable with the efforts that must be made to obtain a license.