Contents and structure of the network contract
Article 15 of the Federal law of 29.12.2012 N 273-FZ "About education in the Russian Federation" (further - the Law on education), the called "Network form of implementation of educational programs", contains the norms allowing the educational organizations on the basis of the network contract to involve other organizations in implementation of educational programs. The problem is that standards of article 15 of the law on education, though contain a list of the data which are subject to inclusion in the network contract, but do not call its subject and the legal purpose of the network transaction. At the same time, as appears from the report of Federal Service for Supervision in Education and Science of the Russian Federation, the conclusion of the network contract got wide circulation in all education and the greatest number of the violations revealed by Rosobrnadzor concerns registration of the relations by means of the network contract. It is thought, time to discuss that it represents the network contract in what cases it can consist and what its contents came. Follows from the text of norm of part 1 of article 15 of the Law on education that the network relations can arise only between the educational organization and the organization possessing "the resources necessary for implementation of training, holding an educational and work practice and implementation of other types of educational activity provided by the appropriate educational program". The contents of the term "resources" in the concept "the resources necessary for implementation of training, holding an educational and work practice and implementation of other types of educational activity provided by the appropriate educational program", in the Law on education do not reveal. Let's address its lexical interpretation. The big encyclopedic dictionary offers the following explanation of the word "resources": "resources - (from fr. ressource - supportive application) - money, values, stocks, opportunities, sources of means, income (e.g., natural resources, economic resources)". The contents of the term "Educational program" reveal normal parts 1 of paragraph 9 of article 2 of the Law on education as "a complex of the main characteristics of education". "Educational programs determine the content of education" (p.1 by Art. 12 of the Law On education). Educational programs have to include such characteristics as the volume, content, the planned results, organizational and pedagogical conditions which have to be presented in the form of the curriculum, schedule educational diagram, working programs of subjects, courses, disciplines (modules), other components and also estimated and methodical materials (p.1 item 9 of Art. 2 of the Law on education). All educational programs are divided into two types: the main and additional. Types of the main programs: 1) main general education programs and 2) main professional educational programs. Types of additional educational programs: 1) additional general education programs and 2) additional professional programs.
Keywords
образовательная деятельность, ресурсы, сетевой договор, реализация образовательных программ, educational activity, resources, network contract, implementation of educational programsAuthors
| Name | Organization | |
| Surovtsova Marine N. | Tomsk Institute of Economics and law | msurovcova@mail.ru |
References
Contents and structure of the network contract | Tomsk State University Journal of Law. 2018. № 29. DOI: 10.17223/22253513/29/17