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THE CODE OF THE REPUBLIC OF BELARUS ABOUT EDUCATION

of January 13, 2011 No. 243-Z

(as amended on 18-07-2019)

Accepted by the House of Representatives on December 2, 2010

Approved by Council of the Republic on December 22, 2010

General part

Section I. Bases of legal regulation in the field of education

Chapter 1. Basic provisions

Article 1. The main terms applied in this Code and their determinations

1. In this Code the following main terms and their determinations are applied:

1.1. education - purposeful process of forming of spiritual and moral and emotionally valuable sphere of the identity of the student;

1.2. the graduate - person who got education in organization of education, the organization realizing educational programs of postgraduate education;

1.3. vacation - planned breaks for rest in case of education in education presentia;

1.4. quality of education - education compliance to requirements of the educational standard, educational and program documentation of the appropriate educational program;

1.5. person with features of psychophysical development - person having physical and (or) mental violations which limit its social activities and interfere with education without creation for this purpose of special conditions;

1.6. education - training and education for the benefit of the personality, the societies and the states directed to assimilation of knowledge, abilities, skills, forming of the harmonious, versatily developed identity of the student;

1.7. educational activities - the activities for training and education performed by organization of education (the organization realizing educational programs of postgraduate education, other organization which according to the legislation is granted the right to perform educational activities, the individual entrepreneur who according to the legislation is granted the right to perform educational activities);

1.8. the educational program - set of documentation regulating educational process and the conditions necessary for obtaining according to the expected results of certain level of the main education or certain type of additional education;

1.9. educational process - the training and education organized by organization of education (the organization realizing educational programs of postgraduate education, other organization which according to the legislation is granted the right to perform educational activities, the individual entrepreneur who according to the legislation is granted the right to perform educational activities) for the purpose of development by students of contents of educational programs;

1.10. the educational standard - the technical regulatory legal act determining contents of the educational program by means of establishment of requirements to educational process and results of development of its content;

1.11. the student - person accepted for development of contents of the educational program;

1.12. training - purposeful process of the organization and stimulation of educational activities of students for mastering by them knowledge, skills, to development of their creative capabilities;

1.13. The nation-wide qualifier of the Republic of Belarus "Specialties and qualifications" - technical regulatory legal act which determines codes and names of profiles of education, the directions of education, groups of specialties, specialties, the directions of specialties, specializations, qualifications and primary positions of employees (profession of workers) corresponding to them on the Nation-wide qualifier of the Republic of Belarus "Profession of workers and position of employees" and is obligatory for application in case of implementation of educational programs of professional, secondary vocational, higher education, the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education, the educational program of advanced training of leading employees and specialists;

1.14. the organization - the customer of personnel - the organization which declared the need for personnel by the conclusion of the relevant agreement on interaction or about training of the scientist of the top skills (the specialist, the worker, the employee) or by application for training of specialists, workers, employees;

1.15. education - development of contents of the educational program and in the cases provided by this Code, supported by the education document or the document on training;

1.16. education at home - the organization of educational process under which development of contents of educational programs of general secondary education, educational programs of vocational training, educational programs of vocational education, the educational program of additional education of children and youth, the educational program of professional training of working (employees) by the student who temporarily or cannot constantly visit organization of education is performed at home;

1.17. education step - complete grade level and education at one of levels of the main education;

1.18. level of the main education - complete cycle of development of contents of the educational program of the main education;

1.19. participants of educational process are students, legal representatives of minor students, pedagogical workers;

1.20. educational and methodical consolidation in the field of education - the advisory body created on a voluntary basis for the purpose of development of offers on enhancement of scientific and methodical ensuring education, training of specialists, workers, employees;

1.21. organization of education - the legal entity in form of business of organization which main function is implementation of educational activities;

1.22. target training of specialists, workers, employees - training of specialists with the higher education, specialists with secondary vocational education, workers with secondary vocational education, workers with vocational training, employees with vocational training at the expense of means republican and (or) local budgets for the organizations which are in settlements with population less than 20 thousand people in the settlements located in the territory of radioactive pollution or in rural settlements, and also training of workers with vocational training, employees with vocational training at the expense of means republican and (or) local budgets and for the organizations located in other settlements.

2. Other terms are determined in individual clauses of this Code.

Article 2. Bases of state policy in the field of education

1. State policy in the field of education is based on the principles:

1.1. education priority;

1.2. priority of universal values, human rights, humanistic nature of education;

1.3. guarantees of constitutional right of everyone for education;

1.4. ensuring equal access to education;

1.5. obligation of general basic education;

1.6. integration into world educational space during the preserving and development of traditions of education system;

1.7. ecological orientation of education;

1.8. support and development of education taking into account tasks of social and economic development of the state;

1.9. state public nature of management of education;

1.10. secular nature of education.

2. The main directions of state policy in the field of education are:

2.1. providing the rights, freedoms and legitimate interests of citizens in the field of education, including the rights to education as at the expense of means republican and (or) local budgets, and on paid basis;

2.2. ensuring availability of education, including to persons with features of psychophysical development according to their state of health and cognitive opportunities, at all levels of the main education and in case of receipt of additional education;

2.3. creation of special conditions for education by persons with features of psychophysical development and rendering the correctional and pedagogical help to these persons;

2.4. creation of necessary conditions for satisfaction of requests of the personality in education, requirements of society and state for forming of the personality, training of qualified personnel;

2.5. ensuring participation of state bodies and other organizations, including public associations, in educational development;

2.6. implementation of transition to compulsory general secondary education;

2.7. implementation of target training of specialists, workers, employees;

2.8. ensuring succession and continuity of levels of the main education, education steps within one level of the main education;

2.9. ensuring equality of the Belarusian and Russian languages;

2.10. ensuring activities of organizations of education for education implementation, including on forming at citizens of spiritual and moral values, healthy lifestyle, civic consciousness, patriotism, responsibility, diligence.

3. In organizations of education creation and activities of political parties, other public associations pursuing political goals, and also creation and the anonymous or contradicting the legislation other activities of the religious organizations are not allowed.

4. Organizations of education in questions of education based on written applications of students (legal representatives of minor students) in nonlearning time can interact with the registered religious organizations taking into account their influence on forming of spiritual, cultural and state traditions of the Belarusian people. The procedure, conditions, content and forms of such interaction are determined by the Government of the Republic of Belarus in coordination with the President of the Republic of Belarus.

5. Organizational basis of implementation of state policy in the field of education are the development program of education system, the development program of preschool, general secondary, professional, secondary vocational, higher, vocational education, additional education of children and youth and additional education of adults approved by the Government of the Republic of Belarus for the five-year period.

Article 3. The state guarantees of the rights in the field of education

1. Each citizen of the Republic of Belarus has right to education.

2. Citizens of the Republic of Belarus have the right in the public institutions of education, the state organizations realizing educational programs of postgraduate education, free preschool, general secondary, professional, vocational education, additional education of children and youth (except for the additional education of children and youth received at the public children's schools of arts), the additional education of adults got in case of development of contents of the educational program of advanced training of leading employees and specialists, the educational program of advanced training of working (employees), the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education the educational program of retraining of working (employees), the educational program of professional training of working (employees), the educational program of training of leading employees and specialists, the educational program of the special preparation necessary for occupation of separate positions, and on competitive basis - free secondary vocational, higher education if republican and (or) local budgets they receive the corresponding education at the expense of means for the first time, and postgraduate education.

Categories of persons who got secondary vocational, higher education at the expense of means republican and (or) local budgets and have the right to the second and subsequent according to secondary vocational, higher education at the expense of means republican and (or) local budgets, are determined by the President of the Republic of Belarus.

3. The second and subsequent professional, secondary vocational, higher, postgraduate education, the additional education of adults got in case of development of contents of the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education, the educational program of retraining of working (employees) can be received on condition of training in other specialty (the direction of specialty, specialization, profession).

4. Persons with features of psychophysical development in case of education are given correctional and pedagogical help and special conditions for education taking into account features of their psychophysical development are created.

5. The foreign citizens and persons without citizenship who are constantly living in the Republic of Belarus, the foreign citizens and persons without citizenship of the Belarusian nationality who are constantly living in the territory of foreign states and also foreign citizens and stateless persons to which the status of the refugee or shelter in the Republic of Belarus are provided have right to education, equal with citizens of the Republic of Belarus, if other is not established by legal acts, international treaties of the Republic of Belarus. The minor foreign citizens and persons without citizenship who are temporarily living in the Republic of Belarus and also minor foreign citizens and stateless persons to which are provided the status of the refugee, additional protection or shelter in the Republic of Belarus or which petition for provision of the status of the refugee, additional protection or shelter in the Republic of Belarus have the right to preschool, general secondary and vocational education on an equal basis with minor citizens of the Republic of Belarus.

6. For education on specialties (the directions of specialties, specializations) for Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus only citizens of the Republic of Belarus are accepted if other is not established by international treaties of the Republic of Belarus.

7. The right of citizens of the Republic of Belarus to education is provided:

7.1. development of network of organizations of education;

7.2. creation of social and economic conditions for education in the public institutions of education, the state organizations realizing educational programs of postgraduate education, including free;

7.3. financing from means republican and (or) local budgets of functioning of public institutions of education, the state organizations of education providing functioning of education system;

7.4. preserving in public institutions of formation of the places intended for education by citizens at the expense of means republican and (or) local budgets;

7.5. establishment annually founders of public institutions of education, the state organizations realizing educational programs of postgraduate education, target figures of acceptance for education at the expense of means republican and (or) local budgets;

7.6. creation of conditions for education taking into account national traditions, and also individual requirements, capabilities and requests of students;

7.7. provision of possibility of the choice of organization of education, specialty, form of education, level of studying of subjects, subject matters, educational areas, subjects;

7.8. creation of necessary number of places in the organizations for practical training, inservice training of students;

7.9. creation of special conditions for education by persons with features of psychophysical development, their integration into society, socialization;

7.10. development of credit granting system of the citizens getting education on paid basis.

Article 4. The relations regulated by this Code

1. This Code governs the public relations in the field of education including:

1.1. the public relations on realization of the right of citizens to education which purpose is development studying contents of educational programs (the educational relations);

1.2. the public relations connected with the educational relations which purpose is creation of conditions for realization of the right of citizens to education.

2. Civil and other legislation is applied to the public relations in the field of education in the part which is not settled by this Code.

Article 5. Subjects and objects of the educational relations

1. Subjects of the educational relations are students, legal representatives of minor students, pedagogical workers, organizations of education, the organizations realizing educational programs of postgraduate education, and also other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities.

2. Objects of the educational relations are knowledge, abilities, skills, properties and qualities of the identity of students.

Chapter 2. Legislation on education and its action

Article 6. Legislation on education

1. The legislation on education - system of the regulatory legal acts governing the public relations in the field of education which includes the Constitution of the Republic of Belarus, this Code, other acts of the legislation.

2. If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

Article 7. Purposes of the legislation on education

The purposes of the legislation on education are ensuring realization of constitutional right of citizens on education and regulation of the public relations in the field of education.

Article 8. Principles of the legislation on education

The legislation on education is based on the following principles:

compliance of the Constitution of the Republic of Belarus;

compliance to the conventional principles of international law;

ensuring realization of the right of citizens to education;

ensuring availability of education;

education quality assurance;

establishment of responsibility for non-compliance with the legislation on education.

Article 9. Operation of the legislation on education in time, in space and around persons

1. Acts of the legislation on education if other is not established by the Constitution of the Republic of Belarus and other legal acts adopted according to it, have no retroactive force and are applied to the relations which arose:

1.1. after their introduction in action;

1.2. before their introduction in action regarding the rights and obligations which arose after their introduction in action.

2. This Code, other legislation governing the public relations in the field of education are obligatory for application in all territory of the Republic of Belarus. Regulatory legal acts of local authorities and self-government are obligatory for application in the corresponding territory.

3. Acts of the legislation on education, except as specified, established by legal acts and international treaties of the Republic of Belarus, extend to citizens and the organizations of the Republic of Belarus, and also to the foreign citizens who are or performing activities in the Republic of Belarus, stateless persons and to the organizations of foreign states, the international organizations and interstate educations which are or performing activities in the Republic of Belarus.

Article 10. Application of the legislation on education by analogy

1. In cases when the public relations in the field of education are directly not settled by acts of the legislation on education, the legislation regulation governing the similar public relations (analogy of the law) is applied.

2. In case of impossibility of use of analogy of the law of the right and obligation of the Parties in the field of education are determined proceeding from the general beginnings, sense of the legislation, the general principles of the right and the principles of the legislation on education (analogy is right).

3. Application by analogy of the regulations limiting the rights, establishing obligations and responsibility in the field of education is not allowed.

Chapter 3. Education system

Article 11. Education system

1. Education system - set of the interacting components directed to education goal achievement.

2. The purposes of education are forming of knowledge, abilities, skills and intellectual, moral, creative and physical development of the identity of the student.

3. Components of education system are:

3.1. participants of educational process in case of implementation of educational programs;

3.2. educational programs;

3.3. organizations of education;

3.4. the organizations realizing educational programs of postgraduate education;

3.5. other organizations which according to the legislation are granted the right to perform educational activities;

3.6. individual entrepreneurs who according to the legislation are granted the right to perform educational activities;

3.7. the state organizations of education providing functioning of education system;

3.8. educational and methodical associations in the field of education;

3.9. the organizations providing carrying out practical training, practical training or inservice training by students;

3.10. the organizations - customers of personnel;

3.11. the organizations directing workers for development of contents of educational programs of additional education of adults;

3.12. state bodies, the Republic of Belarus subordinate and (or) accountable to the President, the National academy of Sciences of Belarus, republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, local executive and administrative organs, other organizations and physical persons within their powers in the field of education.

4. Education is subdivided into the main, additional and special.

5. The education system includes system of preschool education, system of general secondary education, system of vocational training, system of secondary vocational education, system of the higher education, system of postgraduate education, system of additional education of children and youth, system of additional education of adults, system of vocational education.

Article 12. Main education

1. The main education - training and education of students by means of implementation of educational programs of the main education.

2. The main education in the Republic of Belarus includes the following levels:

2.1. preschool education;

2.2. general secondary education;

2.3. vocational training;

2.4. secondary vocational education;

2.5. the higher education;

2.6. postgraduate education.

3. The unity and continuity of the main education are provided with succession of its levels and coordination of contents of educational programs of the main education.

Article 13. Additional education

1. Additional education - training and education of students by means of implementation of educational programs of additional education.

2. Additional education is subdivided into the following types:

2.1. additional education of children and youth;

2.2. additional education of adults.

Article 14. Vocational education

1. Vocational education - training and education of students which are faces with features of psychophysical development, by means of implementation of educational programs of vocational education at the levels of preschool, general secondary education.

2. Vocational education includes creation of special conditions for receipt of vocational education at the levels of preschool, general secondary education by persons taking into account features of their psychophysical development and correction of the physical and (or) mental violations which are available for them.

Special conditions for receipt of vocational education at the levels of preschool, general secondary education - training and education with the organization pedagogical, medical, social and other types of the help without which development of contents of educational programs of vocational education, including with use of technical means of social resettlement, curricula of vocational education and programs of vocational education, textbooks and education guidances of vocational education, special techniques of training, creation of the adaptive educational circle is impossible or complicated.

Correction of physical and (or) mental violations - system of the psychology and pedagogical, medical and social measures directed to correction and (or) weakening of physical and (or) mental violations.

3. The certificate on general basic education or the certificate on general secondary education are issued to the persons with features of psychophysical development who mastered contents of the educational program of vocational education at the level of general secondary education and successfully passed final assessment for the period of receipt of general basic education or general secondary education respectively. Such persons are considered got respectively the general basic education or general secondary education.

4. The certificate of development of contents of the educational program of vocational education at the level of general secondary education in the form approved by the Ministry of Education of the Republic of Belarus is issued to person with features of psychophysical development who mastered contents of the educational program of vocational education at the level of general secondary education to which the certificate on general basic education or the certificate on general secondary education is granted by organization of education also.

5. Person with features of psychophysical development can exercise the right to vocational education in the presence of the conclusion of the state center of the correctional developing training and rehabilitation.

Article 15. Receipt of the basic and additional education by persons with features of psychophysical development

1. Receipt of preschool or general secondary education by persons with features of psychophysical development includes rendering the correctional and pedagogical help to them.

The correctional and pedagogical help - system of the pedagogical actions organized for persons, which are mastering contents of the educational program of preschool education, educational programs of general secondary education and having resistant or temporary difficulties in their development. Correctional and pedagogical help is given in Items of the correctional and pedagogical help, and also in the centers of the correctional developing training and rehabilitation. The regulations on Item of the correctional and pedagogical help affirm the Ministry of Education of the Republic of Belarus.

2. Receipt of professional, secondary vocational, higher or additional education by persons with features of psychophysical development includes creation of special conditions for receipt of education by them taking into account features of their psychophysical development.

Special conditions for receipt of professional, secondary vocational, higher or additional education by persons with features of psychophysical development - the conditions providing creation of the barrier-free circle, access to information and communication resources by provision by the student which are faces with features of psychophysical development, necessary technical means of social resettlement, pedagogical, medical, social and other types of the help. Pedagogical, medical, social and other types of the help to persons with features of psychophysical development in case of receipt of professional, secondary vocational, higher or additional education by them are organizations of education.

3. Person with features of psychophysical development can exercise the right to the correctional and pedagogical help, creation of special conditions for receipt of professional, secondary vocational, higher or additional education in the presence of the conclusion of the state center of the correctional developing training and rehabilitation or the certificate of development of contents of the educational program of vocational education at the level of general secondary education.

Article 16. Educational programs

1. Educational programs are subdivided into educational programs of the main education, educational programs of additional education and educational programs of vocational education.

2. Educational programs of the main education - educational programs which implementation allows to receive preschool, general secondary, professional, secondary vocational, higher, postgraduate education.

3. Educational programs of additional education - educational programs which implementation allows to get additional education of children and youth, additional education of adults.

4. Educational programs of vocational education - educational programs which implementation allows to get vocational education.

5. Educational programs of the main education, except for educational programs of postgraduate education, educational programs of vocational education, except for the educational program of vocational education at the level of preschool education for persons with intellectual insufficiency, the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education include content (the educational standard and scientific and methodical ensuring education) and resource (personnel and material) providing.

6. Educational programs of postgraduate education, the educational program of vocational education at the level of preschool education for persons with intellectual insufficiency, the educational program of additional education of children and youth, educational programs of additional education of adults, except for the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education include content (scientific and methodical ensuring education) and resource (personnel and material) providing.

7. Educational programs of professional, secondary vocational, higher education, the educational program of retraining of the leading employees and specialists having the higher education the educational program of retraining of the leading employees and specialists having secondary vocational education are implemented on specialties, the directions of specialties, specializations on condition of opening of preparation in them. The educational program of advanced training of leading employees and specialists is implemented on education profiles, the directions of education on condition of opening of preparation on them. The procedure for opening of preparation on education profiles, the directions of education, specialties, the directions of specialties, specializations is established by the Government of the Republic of Belarus. Profiles of education, the direction of education, specialty, the direction of specialties, specializations are determined according to the Nation-wide qualifier of the Republic of Belarus "Specialties and qualifications".

8. Educational programs of postgraduate education are implemented on the specialties corresponding to the nomenclature of professions of scientists of the Republic of Belarus approved by the Highest certifying commission of the Republic of Belarus. The procedure for opening of preparation on specialties for receipt of postgraduate education is established by the Government of the Republic of Belarus.

9. The educational program of additional education of children and youth is implemented on the profiles determined by this Code and regulations on organization of additional education of children and youth or its type.

10. Educational programs of the main education, except for the educational program of preschool education, educational programs of additional education of adults, educational programs of vocational education are subdivided into the types determined by this Code.

Article 17. Education forms

1. Education can be got in internal, correspondence forms of education and in the form of competition.

2. Education full-time - the training and education providing permanent personal participation of the student in regular studies (occupations) and certification organized by organization of education, the organization realizing educational programs of postgraduate education, other organization, the individual entrepreneur which according to the legislation are granted the right to perform educational activities.

Day form of education - education full-time type when education is main type of employment of the student.

Evening form of education - education full-time type when education is combined, as a rule, with other type of employment of the student.

3. The correspondence form of education - the training and education providing mainly independent development of contents of the educational program by the student participating personally only in limited number of studies (occupations) and certification organized by organization of education, the organization realizing educational programs of postgraduate education, other organization, the individual entrepreneur which according to the legislation are granted the right to perform educational activities.

Remote form of education - type of the correspondence form of education when education is performed mainly with use of modern communication and information technologies.

4. Competition - the training and education providing mainly independent development by the student of contents of the educational program, its personal participation only in the certification organized by organization of education, the organization realizing educational programs of postgraduate education.

5. The list of specialties on which education in evening, correspondence forms of education is not allowed affirms the Government of the Republic of Belarus.

Article 18. Education in education system

1. The purpose of education is forming versatily developed, is moral the mature, creative person of the student.

2. Tasks of education are:

2.1. forming of civic consciousness, patriotism and national consciousness on the basis of the state ideology;

2.2. preparation for independent life and work;

2.3. forming of moral, esthetic and ecological culture;

2.4. mastering values and skills of healthy lifestyle;

2.5. forming of culture of the family relations;

2.6. creation of conditions for socialization and self-development of the identity of the student.

3. Education is based on universal, humanistic values, cultural and spiritual traditions of the Belarusian people, the state ideology, reflects interests of the personality, society and state.

4. The main requirements to education are:

4.1. compliance of content, forms and methods of education of the purpose and to education tasks;

4.2. systemacity and unity of pedagogical requirements;

4.3. succession, continuity and the sequence of realization of content of education taking into account age and specific features of students;

4.4. creation of conditions for development of creative capabilities of students, their inclusion in different types of socially important activities.

5. The main components of education are:

5.1. the civil and patriotic education directed to forming at studying active civic stand, patriotism, legal, political and information culture;

5.2. the ideological education directed to forming at the studying knowledge of fundamentals of ideology of the Belarusian state, instilling in younger generation of fundamental values, the ideas, the beliefs reflecting essence of the Belarusian statehood;

5.3. the moral education directed to familiarizing of the student with universal and national values;

5.4. the esthetic education directed to forming at the studying esthetic taste, development of sense of beauty;

5.5. the education of culture of self-knowledge and self-control of the personality directed to forming at the student of need for self-development and social interaction, psychological culture;

5.6. the education of culture of healthy lifestyle directed to forming at the healthy lifestyle studying skills, awareness of the importance of health as values, physical enhancement;

5.7. the gender education directed to forming at the student of ideas of role and vital purpose of men and women in modern society;

5.8. the family education directed to forming at the studying valuable relation to family and education of children;

5.9. the labor and professional education directed to understanding to students of work as personal and social value, understanding of the professional choice, the social importance of professional activity;

5.10. the ecological education directed to forming at the studying valuable relation to the nature;

5.11. the education of culture of safe life activity directed to forming at the studying safe behavior in social and professional activity, everyday life;

5.12. the education of culture of life and leisure directed to forming at the studying valuable relation to material environment abilities reasonablly and effectively to use free time.

Section II. Subjects of the educational relations

Chapter 4. The organizations of education, the organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities

Article 19. Organizations of education

1. Organizations of education are subdivided into the following types:

1.1. organizations of preschool education;

1.2. organizations of general secondary education;

1.3. organizations of vocational training;

1.4. organizations of secondary vocational education;

1.5. institutions of higher education;

1.6. organizations of vocational education;

1.7. organizations of additional education of children and youth;

1.8. organizations of additional education of adults;

1.9. educational and improving organizations of education;

1.10. social and pedagogical organizations;

1.11. special teaching and educational facilities;

1.12. special medical and educational facilities.

2. Organizations of general secondary education, organization of vocational training, organization of secondary vocational education, institution of higher education, organization of vocational education, organization of additional education of adults, special teaching and educational facilities, special medical and educational facilities treat educational institutions.

3. Organizations of formation of the corresponding type taking into account features of the organization of educational process are subdivided into the types determined by this Code.

4. The regulations on the corresponding type and (or) type of organization of education affirm the Government of the Republic of Belarus or the state body authorized by it. Regulations on Suvorov Military School and on cadet school affirm the President of the Republic of Belarus.

5. Organizations of education can realize educational programs of the main education, educational programs of additional education, educational programs of vocational education, the program of education. Educational programs, programs of education which can implement organizations of formation of the corresponding type are established by this Code.

6. Organizations of education can be state and private.

7. The organizations of education performing training on specialties (the directions of specialties, specializations) for Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus, civil aviation, the specialized lyceums, Suvorov Military Schools, cadet schools, high schools and technical training colleges which are in the territory of correctional facilities of criminal executive system of the Ministry of Internal Affairs of the Republic of Belarus, republican unitary production enterprises of Department of execution of punishments of the Ministry of Internal Affairs of the Republic of Belarus medical and labor dispensaries of the Ministry of Internal Affairs of the Republic of Belarus, special teaching and educational facilities and special medical and educational facilities can be only state.

8. The type and type of organization of education are determined during its creation according to implementable educational programs and (or) programs of education.

9. Branches, representations and other separate divisions of organization of education are created according to the procedure, established by the legislation. Creation of branch of organization of formation of republican pattern of ownership is subject to approval of the Ministry of Finance of the Republic of Belarus, utility pattern of ownership - with local executive and administrative organ. The standard regulations on branch, representation and other separate division of organization of education affirm the Ministry of Education of the Republic of Belarus.

10. The status of lead agency of education in the corresponding education system and (or) industry can be provided to organization of professional, secondary vocational, higher education, additional education of adults. The regulations on procedure for recognition of organization of formation of the corresponding type by lead agency of education affirm as the corresponding education system and (or) industry the Government of the Republic of Belarus. According to the decision of the President of the Republic of Belarus the status of lead agency of education in system of additional education of adults can be provided to institution of higher education.

11. The organization of education performs the activities according to this Code, regulations on the corresponding type and (or) type of organization of education, other acts of the legislation, the charter of organization of education.

Article 20. Rights and obligations of organizations of education

1. Organizations of education are independent in implementation of educational, scientific, scientific and technical activities, activities for scientific methodically ensuring education, to matching and placement of personnel and other activities in the limits set by the legislation.

2. The organization of education according to the legislation has the right:

2.1. perform educational activities;

2.2. create structure and the staff list of organization of education;

2.3. perform the activities which are bringing in incomes;

2.4. participate in scientific, scientific and technical, experimental and innovative activities, activities for scientific methodically ensuring education;

2.5. perform check of authenticity of education documents in case of acceptance of persons for education and in the presence of doubts in their authenticity by the direction of requests in the Ministry of Education of the Republic of Belarus about confirmation of the fact of their issue;

2.6. be part of associations (unions) and other associations of non-profit organizations;

2.7. perform international cooperation in the field of education, including foreign trade activity.

2-1. Organizations of general secondary education in the cases provided by this Code can create conditions for the organization of educational and training process or organize educational and training process for the purpose of preparation of sports reserve and (or) high-class athletes. Educational and training process for the purpose of preparation of sports reserve and (or) high-class athletes is performed on the basis of the training programs on separate sports approved by the Ministry of Sport and tourism of the Republic of Belarus according to the legislation.

3. Other rights of organization of education are established by this Code, other acts of the legislation, the charter of organization of education.

4. The organization of education shall provide:

4.1. quality of education;

4.2. development and approval in accordance with the established procedure structural elements of scientific and methodical ensuring the corresponding education, its enhancement;

4.3. matching, employment and placement of personnel, increase in their qualification;

4.4. material logistics of educational process according to the established sanitary standards, rules and hygienic standard rates;

4.5. creation of safe conditions under the organization of educational process;

4.6. development and adoption of regulations for students, employment policies and procedures of organization of education;

4.7. moral and material incentive of students, pedagogical and other employees of organization of education;

4.8. measures of social protection of students;

4.9. creation of necessary conditions for catering services and medical care, accommodation (if necessary) students;

4.10. participation in forming of target figures of acceptance;

4.11. organization of distribution, redistribution, job placement, the subsequent job placement of graduates and control of their employment;

4.12. acquaintance of persons (legal representatives of minors) in case of transfer in organization of education with the certificate on state registration, the charter, special permission (license) for educational activities, certificates on the state accreditation, and according to their requirement - and with educational and program documentation;

4.13. patronage of persons with features of psychophysical development within two years after education in this organization of education according to the Regulations on patronage of persons with features of psychophysical development approved by the Ministry of Education of the Republic of Belarus;

4.14. assistance to authorized state bodies in monitoring procedure behind education quality assurance.

5. Other obligations of organization of education are established by this Code, other acts of the legislation, the charter of organization of education.

Article 21. Creation, reorganization and liquidation of organizations of education

1. Creation, reorganization and liquidation of organizations of education are performed according to the procedure, established by this article and other acts of the legislation.

2. Can be founders of organizations of education:

2.1. President of the Republic of Belarus, Government of the Republic of Belarus;

2.2. state bodies, the Republic of Belarus subordinate and (or) accountable to the President, the National academy of Sciences of Belarus, republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus;

2.3. local executive and administrative organs;

2.4. legal entities and citizens of the Republic of Belarus;

2.5. foreign states, the organizations of foreign states, the international organizations, interstate educations, foreign citizens, stateless persons if other is not established by legal acts, international treaties of the Republic of Belarus.

3. The state classical universities, profile universities (academies, conservatories), the organizations of education performing training on specialties (the directions of specialties, specializations) for Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus are created and will be reorganized according to the decision of the President of the Republic of Belarus, the Government of the Republic of Belarus or the state bodies authorized by them, and liquidated according to the decision of the President of the Republic of Belarus, the Government of the Republic of Belarus or the state bodies authorized by them, court.

4. Specialized lyceums are created and will be reorganized according to the decision of the Government of the Republic of Belarus or the state bodies authorized by it, and liquidated according to the decision of the Government of the Republic of Belarus or the state bodies authorized by it, court.

5. Suvorov Military Schools are created and will be reorganized according to the decision of the President of the Republic of Belarus or the state body authorized by it, and liquidated according to the decision of the President of the Republic of Belarus or the state body authorized by it, court.

6. Cadet schools are created and will be reorganized according to the decision regional (The Minsk city) executive committee, and liquidated according to the decision regional (The Minsk city) executive committee, court.

7. Special teaching and educational facilities are created and will be reorganized according to the decision of the Ministry of Education of the Republic of Belarus, and liquidated according to the decision of the Ministry of Education of the Republic of Belarus, court.

Special medical and educational facilities are created and will be reorganized according to the decision of the Ministry of Education of the Republic of Belarus, regional (The Minsk city) executive committee, and liquidated according to the decision of the Ministry of Education of the Republic of Belarus, regional (The Minsk city) executive committee, court.

8. The decision on liquidation of public institution of general secondary education is made by the founder based on assessment of effects of such liquidation taking into account the number of persons which are subject to training at the level of general secondary education in the territory of the corresponding administrative and territorial unit, and the number of the public institutions realizing educational programs of general secondary education in this territory.

9. Decisions on reorganization and liquidation of public institutions of vocational education are accepted by their founders in coordination with the Ministry of Education of the Republic of Belarus.

10. In case of the termination of activities of organization of education, cancellation, cancellation of special permission (license) for educational activities of organization of education (on its separate divisions, concerning one or several works and (or) services constituting educational activities) the founder takes measures for transfer of students from their consent, the consent of legal representatives of minor students in other organizations of education realizing the appropriate educational programs, according to the procedure, established by the Government of the Republic of Belarus.

Article 22. Charter of organization of education

1. The organization of education acts on the basis of the Charter.

2. In the charter of organization of education are specified:

2.1. the name of organization of education according to requirements of the legislation;

2.2. location;

2.3. type, type of organization of education;

2.4. subject, purposes and tasks of activities;

2.5. information about the founder;

2.6. language (languages) of training and education, the list of implementable educational programs, programs of education, education form, profiles of education, the direction of education, specialty, the direction of specialties, specializations on which training, and also the appropriated qualifications is performed;

2.7. sources and procedure for forming of property of organization of education;

2.8. procedure for management of activities of organization of education, structure and procedure for forming of governing bodies and self-government;

2.9. procedure for control of activities of organization of education;

2.10. procedure for forming of structure and staff list of organization of education;

2.11. competence of the founder;

2.12. procedure for the organization of educational and educational processes;

2.13. data on branches, representations, other separate divisions of organization of education;

2.14. data on creation, reorganization with indication of data on legal succession, renamings of this organization of education with references to relevant decisions of the founder and registering body;

2.15. procedure for reorganization and liquidation of organization of education;

2.16. procedure for modification and (or) amendments in the charter;

2.17. other data, stipulated by the legislation and determined by the founder.

Article 23. Structure of organization of education

1. Organizations of education can have separate divisions and structural divisions in the structure.

2. The branch, representation, other separate division treat separate divisions of organization of education.

3. The library, the hostel, the educational-experimental site (economy), production (industrial practice) workshop, laboratory, research part (the sector, department), institute without the right of the legal entity, faculty, faculty of pre-university preparation, preparatory department, department, the center, educational and methodical management (part, department), department, educational economy, the training ground, the autodrome, the resource center, Item of the correctional and pedagogical help, training and counseling center, industrial practice plant of labor training and professional orientation, the center of preconscription training, children's social shelter, special department, the center of employment and social resettlement for persons with features of psychophysical development, other structural divisions treat structural divisions of organization of education.

4. The structural division can be created as separate division.

5. Organizations of education create the structure according to the legislation, their charters.

Article 24. Change of type of organization of education

1. The type of organization of education can be changed.

2. The decision on change of type of organization of education is made by the founder on own initiative or at the initiative of organization of education in case of set of the following conditions:

2.1. reasons for need of change of type of organization of education;

2.2. compliance of organization of education to criteria of the declared type;

2.3. approvals of the Ministry of Finance of the Republic of Belarus and the Ministry of Economics of the Republic of Belarus (for organization of formation of republican pattern of ownership), the relevant local executive and administrative organ (for organization of formation of utility pattern of ownership), and also with the Ministry of Education of the Republic of Belarus (for organization of the education which is not subordinated to the Ministry of Education of the Republic of Belarus).

Article 25. Management of education of organization

1. Control of organization of education is exercised according to this Code, regulations on the corresponding type and (or) type of organization of education, other acts of the legislation, the charter of organization of education and is under construction on combination of the principles of one-man management and self-government.

2. Direct management of organization of education is performed by his head who is appointed to position and is dismissed according to the procedure, established by this Code and other legal acts.

3. The head of organization of education in activities for management of education of this organization interacts with self-government institutions of organization of education.

4. The main self-government institutions of organization of education is the council headed by the head of organization of education.

Competence, structure and the organization of activities of council of organization of education are determined by the Regulations on council of organization of education approved by the Ministry of Education of the Republic of Belarus.

5. In the cases provided by this Code in organization of education other self-government institutions are created and can be created: faculty meeting, board of trustees, parent committee, trainer's council. Regulations on faculty meeting, the board of trustees, parent committee of organization of education affirm the Ministry of Education of the Republic of Belarus. The regulations on trainer's council affirm the Ministry of Sport and tourism of the Republic of Belarus.

6. According to the decision of the President of the Republic of Belarus in institutions of higher education other self-government institutions which perform the activities according to the procedure, by it determined can be created.

7. Self-government institutions of organization of education are created and perform the activities according to the legislation, the charter of organization of education.

Article 26. Powers of the head of organization of education

1. Head of organization of education:

1.1. acts on behalf of organization of education without power of attorney and bears responsibility for results of its activities;

1.2. issues orders, signs agreements, issues powers of attorney, opens accounts in banks within the competence;

1.3. performs acceptance and dismissal of workers, approves their official (workers) instructions.

2. The head of public institution of education has the right to provide to pupils, students during receipt of secondary vocational education, the higher education of discount from the created training cost on the conditions established by the President of the Republic of Belarus, according to the procedure and the sizes determined by the Government of the Republic of Belarus to make transfer them from paid training on training at the expense of means republican and (or) local budgets on the conditions established by the President of the Republic of Belarus, and according to the procedure, determined by the Government of the Republic of Belarus.

3. The head of private institution of education has the right to provide to pupils, students during receipt of secondary vocational education, the higher education of discount from the created training cost.

4. Other powers of the head of organization of education are established by this Code, other acts of the legislation, the charter of organization of education.

Article 27. The organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities

1. The organizations realizing educational programs of postgraduate education - the scientific organizations, the organizations performing scientific and methodical ensuring postgraduate education, subordinated to National academy of Sciences of Belarus, republican state bodies and realizing the educational programs of postgraduate education, and also the organizations authorized by the President of the Republic of Belarus on implementation of educational programs of postgraduate education and realizing them.

2. Other organizations which according to the legislation are granted the right to perform educational activities, the organizations realizing the educational program of preschool education, educational programs of vocational education, the educational program of additional education of children and youth and (or) the educational programs of additional education of adults determined by this Code.

3. Individual entrepreneurs who according to the legislation are granted the right to perform educational activities, - individual entrepreneurs who realize the educational program of preschool education, educational programs of vocational education and (or) educational programs of additional education of adults determined by this Code.

4. The organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities perform educational activities according to this Code, other acts of the legislation, their constituent documents.

Article 28. The rights and obligations of the organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs which according to the legislation are granted the right to perform educational activities

1. The organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities are independent in implementation of educational, scientific, scientific and technical activities, activities for scientific methodically ensuring education, to matching and arrangement of pedagogical workers in the limits set by the legislation.

2. The organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities have the right according to the legislation:

2.1. perform educational activities;

2.2. participate in scientific activities, activities for scientific methodically ensuring education;

2.3. perform international cooperation in the field of education, including foreign trade activity.

3. Other rights of the organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs which according to the legislation are granted the right to perform educational activities are established by this Code, other acts of the legislation, their constituent documents.

4. The organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs who according to the legislation are granted the right to perform educational activities shall provide:

4.1. quality of education;

4.2. development and approval in accordance with the established procedure structural elements of scientific and methodical ensuring the corresponding education, its enhancement;

4.3. material logistics of educational process according to the established sanitary standards, rules and hygienic standard rates;

4.4. creation of safe conditions under the organization of educational process;

4.5. moral and material incentive of students, pedagogical workers;

4.6. acquaintance of persons (legal representatives of minors) in case of transfer with the certificate on state registration, constituent documents, special permission (license) for educational activities, certificates on the state accreditation, and according to their requirement - and with educational and program documentation;

4.7. patronage of persons with features of psychophysical development within two years after education in other organization, at the individual entrepreneur who according to the legislation grants the right to perform educational activities, according to Regulations on patronage of persons with features of psychophysical development;

4.8. assistance to authorized state bodies in monitoring procedure behind education quality assurance.

5. Other obligations of the organizations realizing educational programs of postgraduate education, other organizations, individual entrepreneurs which according to the legislation are granted the right to perform educational activities are established by this Code, other acts of the legislation, their constituent documents.

Article 29. The state accreditation of organizations of education, other organizations which according to the legislation are granted the right to perform educational activities, confirmation of the state accreditation

1. The state accreditation of organization of education (other organization which according to the legislation is granted the right to perform educational activities) - activities of state bodies for establishment of compliance of educational activities of organization of education (other organization which according to the legislation is granted the right to perform educational activities) to the legislation on education, contents and qualities of the provided education to requirements of educational standards, educational and program documentation of educational programs.

2. Following the results of carrying out the state accreditation of organization of education (other organization which according to the legislation is granted the right to perform educational activities) the decision on accreditation of organization of education is made (other organization which according to the legislation is granted the right to perform educational activities) or about refusal in accreditation of organization of education (other organization which according to the legislation is granted the right to perform educational activities).

3. In the presence of the decision on accreditation of organization of education (other organization which according to the legislation is granted the right to perform educational activities) it is considered accredited and to it the certificate (certificates) on the state accreditation is issued.

4. The decision on accreditation of organization of education (other organization which according to the legislation is granted the right to perform educational activities) establishes the right of organization of education (other organization which according to the legislation is granted the right to perform educational activities) to issue to graduates (persons who mastered contents of the educational program of advanced training of leading employees and specialists) of education documents.

5. The state accreditation of organizations of education, other organizations which according to the legislation are granted the right to perform educational activities is carried out:

5.1. on compliance to the declared type - for organizations of general secondary, professional, secondary vocational, higher, vocational education, and also for organizations of additional education of the adults realizing the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education, and (or) the educational program of advanced training of leading employees and specialists;

5.2. on each specialty - for specialties on which educational programs of secondary vocational education, educational programs of the higher education, the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education are implemented;

5.3. on education profile, the direction of education - for profiles of education, the directions of education on which the educational program of advanced training of leading employees and specialists in other organization which according to the legislation is granted the right to perform educational activities is implemented.

6. The state accreditation of organizations of education, other organizations which according to the legislation are granted the right to perform educational activities is performed:

6.1. on compliance to the declared type - within the first year after creation of organization of education or change of its type, but not later than four months before completion of training of the first graduates;

6.2. in the specialty, on which the educational program of the higher education of the I step providing qualification of the specialist with the higher education, the educational program of the higher education of the I step providing qualification of the specialist with the higher education and integrated with educational programs of secondary vocational education - on the third year of the first preparation on this specialty is implemented;

6.3. in the specialty, on which the educational program of the higher education of the II step creating knowledge, skills of scientific and pedagogical and research work and providing the master's degree, the educational program of the higher education of the II step with profound training of the specialist, providing master's degrees, educational programs of secondary vocational education, the educational program of retraining of the leading employees and specialists having the higher education, the educational program of retraining of the leading employees and specialists having secondary vocational education not later than four months before completion of the first preparation (retraining) on this specialty are implemented;

6.4. on education profile, the direction of education - prior to implementation of advanced training on the corresponding profile of education, the direction of education.

7. The organization of education, other organization which according to the legislation is granted the right to perform educational activities shall confirm the state accreditation.

8. Confirmation of the state accreditation is carried out:

8.1. on compliance to the declared type, on education profile, the direction of education at least once in five years from the date of receipt of the appropriate certificate about the state accreditation;

8.2. in the specialty along with confirmation of the state accreditation on compliance to the declared type.

9. In case of non-confirmation of the state accreditation the organization of education (other organization which according to the legislation is granted the right to perform educational activities) loses the corresponding state accreditation.

10. Confirmation of the state accreditation is the basis for preserving behind organization of education (other organization which according to the legislation is granted the right to perform educational activities) the rights to issue to graduates (persons who mastered contents of the educational program of advanced training of leading employees and specialists) of education documents.

11. Regulations on procedure for carrying out the state accreditation of organizations of education, other organizations which according to the legislation are granted the right to perform educational activities and confirmations of the state accreditation, samples of certificates on the state accreditation affirm the Government of the Republic of Belarus.

Chapter 5. Students, legal representatives of minor students. Social protection of students

Article 30. Students

Treat students:

the graduate student (graduated in a military academy) - person mastering contents of the educational program of postgraduate study (graduate military course) providing scientific qualification "Researcher" in day or correspondence form of education;

the pupil - person mastering contents of the educational program of preschool education, the educational program of vocational education at the level of preschool education, the educational program of vocational education at the level of preschool education for persons with intellectual insufficiency;

the doctoral candidate - person mastering contents of the educational program of doctoral studies in day form of education;

the cadet - person mastering content of one of types of educational programs of secondary vocational education or the educational program of the higher education of the I step providing qualification of the specialist with the higher education or the educational program of the higher education of the I step providing qualification of the specialist with the higher education and integrated with educational programs of secondary vocational education for specialties (the directions of specialties, specializations) for Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus, civil aviation;

the undergraduate - the student studying at the II step of the higher education;

the listener - person from among officers of Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, the ordinary and commanding structure of law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus, a getting first higher education on education profile "Health care", the higher education of the II step, the second or subsequent higher education on specialties (the directions of specialties, specializations) for Armed Forces of the Republic of Belarus, other troops and military forming of the Republic of Belarus, law-enforcement bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the State committee of judicial examinations of the Republic of Belarus, bodies of financial investigations of the State Control Committee of the Republic of Belarus, bodies and divisions on emergency situations of the Republic of Belarus, and also person from among the managerial personnel, the faces included in reserves of the managerial personnel who is getting higher education the I step in Academy of management in case of the President of the Republic of Belarus or person mastering content of one of types of educational programs of additional education of adults, except for the educational program of training of leading employees and specialists;

the job seeker - person mastering content of one of types of educational programs of postgraduate education in the form of competition;

the trainee - person mastering contents of the educational program of training of leading employees and specialists;

the student - person mastering content of one of types of educational programs of the higher education;

the pupil - person mastering content of one of types of educational programs of general secondary education, educational programs of vocational training, educational programs of secondary vocational education, or the educational program of additional education of children and youth, or the educational program of vocational education at the level of general secondary education, or the educational program of vocational education at the level of general secondary education for persons with intellectual insufficiency.

Article 31. Basic rights of students

1. Students, except for the students specified in Items 3 and 4 of this Article according to this Code and other acts of the legislation have the right on:

1.1. education according to educational programs;

1.2. transfer in other organization of education, other organization realizing educational programs of postgraduate education, according to the procedure, established by the Government of the Republic of Belarus;

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