of February 17, 2014 No. 120
About procedure for conducting pedagogical examination of projects of the regulatory legal acts and regulatory legal acts concerning questions of training and education
According to part 4 of article 94 of the Federal law "About Education in the Russian Federation" Government of the Russian Federation decides:
1. Approve the enclosed Rules of conducting pedagogical examination of projects of the regulatory legal acts and regulatory legal acts concerning questions of training and education.
2. Recommend to executive bodies of subjects of the Russian Federation to organize conducting pedagogical examination concerning the projects of the regulatory legal acts and regulatory legal acts concerning questions of training and education, for the purpose of identification and prevention of establishment of the provisions promoting negative impact on quality of training in educational programs of certain level and (or) orientation and condition of their development by students by them.
3. Realization of the powers provided by this resolution is performed within the number of employees of the Ministry of science and the higher education of the Russian Federation and the Ministry of Public Education of the Russian Federation, and also budgetary appropriations provided to the ministries in the federal budget on management and management in the field of the established functions established by the Government of the limiting Russian Federation.
4. Add Item 12 of Rules of preparation of regulatory legal acts of the federal executive bodies and their state registration approved by the order of the Government of the Russian Federation of August 13, 1997 No. 1009 "About approval of Rules of preparation of regulatory legal acts of federal executive bodies and their state registration" (The Russian Federation Code, 1997, No. 33, Art. 3895; 2006, No. 29, Art. 3251; 2009, No. 2, Art. 240; No. 12, Art. 1443; 2010, No. 9, Art. 964; 2012, No. 27, Art. 3739; No. 38, Art. 5102; No. 52, the Art. 7507), after the paragraph of the tenth the paragraph of the following content:
"data on results of conducting pedagogical examination of regulatory legal act (in case of its carrying out).".
5. Add the paragraph third Item 53 of Regulations of the Government of the Russian Federation approved by the order of the Government of the Russian Federation of June 1, 2004 No. 260 "About Regulations of the Government of the Russian Federation and Regulations on the Russian Government Office" (The Russian Federation Code, 2004, No. 23, Art. 2313; 2012, No. 41, Art. 5635; 2013, No. 17, Art. 2180; No. 24, Art. 3013; No. 38, the Art. 4831), after the proposal of the first the offer of the following content: "In case of carrying out concerning the project of regulatory legal act of pedagogical examination in the cover letter data on results of conducting such pedagogical examination are also specified.".
Russian Prime Minister
D. Medvedev
Approved by the Order of the Government of the Russian Federation of February 17, 2014 No. 120
1. These rules determine procedure for conducting pedagogical examination of projects of the regulatory legal acts and regulatory legal acts concerning questions of training and education (further respectively - projects of regulatory legal acts, regulatory legal acts, pedagogical examination), for the purpose of identification and prevention of establishment of the provisions promoting negative impact on quality of training in educational programs of certain level and (or) orientation and condition of their development by students by them (further - negative impact on quality of training).
As negative impact on quality of training it is understood: introduction of the students of forms, means and training methods and education who are not corresponding to age, psychophysical features and requirements;
establishment of pedagogically unreasonable requirements influencing amount and content of education and also of the planned results under the organization and implementation of educational activities.
2. Pedagogical expertize is carried out in the relation:
a) drafts of the Federal Laws, drafts of presidential decrees of the Russian Federation and drafts of the orders of the Government of the Russian Federation developed by federal executive bodies - before conducting their legal examination by the Ministry of Justice of the Russian Federation;
b) projects of regulatory legal acts of federal executive bodies - before their state registration by the Ministry of Justice of the Russian Federation;
c) the regulatory legal acts published by federal executive bodies - when monitoring their application.
3. Pedagogical expertize is not carried out concerning projects of the regulatory legal acts, regulatory legal acts or their separate provisions containing the data which are the state secret, or data of confidential nature.
When conducting pedagogical examination project evaluation of regulatory legal acts, regulatory legal acts on compliance to their acts of higher legal force, lack of internal contradictions and gaps in legal regulation of the corresponding relations and observance of rules of legal method, and also on availability or absence in them corruptogenic factors is not performed.
4. Conducting pedagogical examination will be organized according to the established spheres of maintaining by the Ministry of science and the higher education of the Russian Federation or the Ministry of Public Education of the Russian Federation (further - the relevant authorized body).
The physical persons and legal entities having necessary qualification and included in the list of experts (further - experts) by the relevant authorized body according to offers of federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, the public organizations performing activities in the field of education, the leading educational and scientific organizations, scientific and pedagogical communities, educational and methodical associations, associations of employers and institutes of public participation in management of education are on a voluntary basis involved in conducting pedagogical examination.
To having necessary qualification the physical persons having the higher education and years of service of pedagogical or scientific and pedagogical work at least 5 years, and the legal entities having in the state at least 3 workers meeting requirements imposed to the physical persons involved in conducting pedagogical examination belong.
The list of experts, procedure for inclusion in the specified list and the bases and procedure for exception of it affirm the relevant authorized body.
5. By results of conducting pedagogical examination the expert constitutes the conclusion in the form approved by the relevant authorized body.
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