States as well as the totality of acquired. The level of education is a completed cycle of education, characterized by a certain unified set of requirements. education requirement

The Law on Education in the Russian Federation - 273 FZ, adopted by the State Duma on December 21, 2012, it fully regulates the field of education in our country. For leaders, this document is a reference book, a kind of Bible, which they must know and strictly observe all the provisions. It is desirable that both parents and students of various educational institutions also get acquainted with the main provisions of the Law.

Unfortunately, within the framework of one article it is impossible to analyze in detail the entire Law, each of its paragraphs. We will analyze the key, most important provisions that can help many consumers of educational services, since the Federal Law "On Education in the Russian Federation" is applied in kindergartens, schools, colleges, universities, etc.

Basic concepts

Education is a single purposeful process of educating and educating a person, a set of acquired knowledge, skills, experience, moral values, attitudes. The goal is to form a comprehensively developed citizen with a high intellectual, physical, cultural, spiritual and moral development.

It is a mistake to believe that education consists only in obtaining information. We are using terms incorrectly here.

Education is the purposeful acquisition of knowledge, skills and abilities.

Education is a process aimed at the spiritual and moral development of the individual, as a result of which the development of generally accepted rules and norms should occur.

Education includes training (acquisition of knowledge and skills), upbringing (mastering of generally accepted norms), physical development.

education requirement

A teacher is a person who carries out the educational process. He is in an employment relationship with an educational organization, performs certain official duties getting paid for it. Before the Federal Law “On Education in the Russian Federation” was adopted, there were no restrictions at the legislative level for accepting a teacher at a school, an educator in kindergarten. At school, it was quite normal to see a teacher as a person who himself hardly graduated at one time. In the absence of professional personnel, with low pay for teachers, few people went to pedagogical universities. The problem is exacerbated by the very low percentage of graduates who decide to link their lives with educational institutions.

Today the situation is different: the law "On Education in the Russian Federation" establishes a ban on teaching activities for persons who do not have the appropriate qualifications. In Art. 46 of the Law expressly establishes that the right to be an educator has a person who has graduated or higher educational institution. Education alone is not enough. It will also be necessary to pass the additional specialization "Pedagogy", if the university or college of the applicant is not pedagogical.

Education document

The Law "On Education in the Russian Federation" provides for the issuance of supporting documents (certificate, diploma) for passing the following stages of education:

Basic general.
Average general.
Primary vocational.
Medium professional.
Higher education - bachelor's degree.
Higher education is a specialty.
Higher education - magistracy.

Education system

The Law "On Education of the Russian Federation" (latest edition) contains a hierarchy of the main components in unified system education:

and instructions - these are regulatory documents, according to which schools, institutes, colleges, etc. are required to carry out educational activities. It does not matter the status of an educational organization: commercial, budgetary, state - if it has a license to issue the relevant documents, then it is obliged to carry out training based on standards .
Direct implementation of training: educational organizations, teaching staff, students, legal representatives.
Federal state bodies, authorities of subjects exercising control. the main role belongs to the Federal public service on supervision in the field of education (Rosobrnadzor). In the regions, this function is performed by the ministries of education of the regions. They monitor the implementation of state standards in educational institutions.
Organizations providing educational activities. In districts, district education committees are responsible for financing budget schools. They also carry out evaluation activities in the controlled territory of all schools.
Associations of individuals or legal entities engaged in educational activities. A striking example is the trade union of pedagogical workers.

Goals of Federal State Standards

The Federal Law "On Education in the Russian Federation" assigns a key place to federal state standards. They perform the following tasks:

Unity of education. It follows that throughout the country, students receive the same level of education, which means equality of opportunity.
Continuity. Despite the dynamic development and reform of the education system, the introduction of new standards and requirements, the key task is to maintain continuity. It is impossible to completely destroy the entire system every year for the sake of momentary political or economic gain.
Variability. Despite the unity of education as a whole, the law on education in the Russian Federation excludes the rigid totalitarian framework of unity in obtaining it. Depending on the abilities, desires, time, various options for achieving certain tasks are created.
Guarantee. It follows that the state controls the unity of education throughout the country.

You can study at home! Forms of study

It's hard to imagine Soviet people, but the Federal Law "On Education in the Russian Federation" provides for training not only in educational institutions. Article 17 lists the acceptable forms of education:

In the traditional form - in specialized educational institutions.
In an alternative form - outside specialized educational institutions.

The traditional form is divided into:

Full-time.
Correspondence.
Part-time.

Distance learning is gaining popularity these days. In the age of information technology, it has become a reality to visit museums, theaters, rare exhibitions on the other side of the planet without leaving home. Information and communication technologies have also penetrated into education.

The Law "On Education of the Russian Federation" is a new law. However, he does not highlight Remote education into a separate category. The student is at home, prepares according to an individual schedule, listens to lectures remotely, using communication channels. Therefore, distance education belongs to the category of distance learning.

Alternative form

The child does not have to be sent to school today to receive the Law "On Education in the Russian Federation" allows for such a possibility. In addition, the state allocates money for alternative forms of education for each child.

Kinds

Obtaining a certificate outside the school is divided into two types:

Family education.
Self-education.

Family education involves the transfer of the function of education to the family. It is for this form that the state pays compensation. Of course, schools react very painfully to this. This is understandable: no one wants to be left without a salary. Judicial practice shows that the courts are completely on the side of the parents. The average compensation for a middle and senior student is about 10,000 rubles.

The problem of attracting child labor as cleaners

School duty is a tradition that we inherited from the Soviet past. Many parents still do not see a problem in washing floors by children as part of school duty. However, Article 34 of the Law directly provides for the consent of parents to such involvement of the child in labor. Classes in technology and labor training are obligatory. It is on them that students are legally required, in accordance with federal state programs, to be involved in work: sewing, cooking, woodworking. Everything else - only at the request of the parents.

Results

So, the main law that regulates the field of education is the Federal Law "On Education of the Russian Federation". Its articles contain a description of the organization educational process, competencies of local authorities, forms and types of education, rules for final attestations, etc. We analyzed the most interesting points of this Law in the article.

Education is a single purposeful process of education and training, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain amount and complexity for the purposes of intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;

The level of education- a completed cycle of education, characterized by a certain unified set of requirements;

Qualification- the level of knowledge, skills, abilities and competence, characterizing the readiness to perform a certain type professional activity;

AT Russian Federation the following levels of general education are established:

1) preschool education;

2) initial general education;

3) basic general education;

4) secondary general education.

The following levels of vocational education are established in the Russian Federation:

1) average professional education;

2) higher education - bachelor's degree;

3) higher education - specialty, magistracy;

4) higher education - training of highly qualified personnel.

Additional education includes such subtypes as additional education children and adults and additional vocational education.

The goals of education are consciously defined, expected results that a given society, country seeks to achieve with the help of the existing education system. This is a specific description of the program of human development by means of education, a description of the system of knowledge, skills and attitudes that the student must master upon graduation.

2. The following models of education are distinguished:

State departmental model.

The traditional model (J. Mazhot, D. Ravich) is a model of systematic classical education as a way of transferring universal elements of the culture of the past to the younger generation.

Rationalistic (P. Bloom, B. Skinner) assumes such an organization of education that ensures the assimilation of knowledge, skills and practical adaptation of the young generation to the existing society, this is practice-oriented (for example, technological education).

Phenomenological (A. Maslow, K. Rogers) translates the humanistic paradigm of education, takes into account individual psychological features personality, implies the personal nature of learning. Rejects the view of the school as an educational conveyor.

Non-institutional (P. Goodman, L. Bernard) is focused on organizing education outside educational institutions using the Internet, distance learning.

Educational organizations

One of the most striking innovations of the Law 273-FZ is the rejection of the usual design "educational institution" and its replacement with the term "organization engaged in educational activities." The authors of the innovations indicate that such a wording is consistent with the civil legislation of the Russian Federation, which understands an institution as one of the organizational and legal forms, a type of non-profit organization (the Civil Code of the Russian Federation). However, the 1992 Law itself did not prohibit the creation of educational organizations in forms other than institutions, leaving this issue at the mercy of civil law (Part 1 of Article 11.1), establishing that the legislation of the Russian Federation in the field of education applies to all educational institutions in the territory RF regardless of their organizational and legal forms.

In defense of the traditional wording, one can also put forward the thesis that it is more consistent with the text of the Constitution of the Russian Federation (the Constitution, which guarantees the right to education, speaks of state or municipal educational institutions).

Types of educational organizations	Educational programs, the implementation of which is the main goal of the activity (the basis for typing)	Educational programs for which an educational organization has the right to carry out activities in addition to its main goal
preschool educational organization	educational programs of preschool education, supervision and care of children	additional general development programs
educational organization	educational programs of primary general, basic general and (or) secondary general education	educational programs of preschool education, additional general education programs, vocational training programs
professional educational organization	educational programs of secondary vocational education	basic general education programs, vocational training programs, additional general education programs, additional professional programs
educational organization of higher education	educational programs of higher education and scientific activity	basic general education programs, educational programs of secondary vocational education, vocational training programs, additional general education programs, additional professional programs
organization of additional education	additional general education programs	educational programs of preschool education, vocational training programs
organization of additional professional education	additional professional programs	training programs for scientific and pedagogical personnel, residency programs, additional general education programs, vocational training programs

Thus, only six types of educational organizations are envisaged (and, like the previous Law, non-standard ones, provided for in part 5 of article 77), and the names and charters of educational institutions are to be brought into line with the new Law no later than January 1, 2016 (part 5 of article 77). 108 of the Law) subject to the following:

special (correctional) educational institutions for students, pupils with disabilities should be renamed into general educational organizations;

Educational institutions of NGOs and SPO should be renamed into professional educational organizations;

HPE educational institutions should be renamed into educational organizations of higher education;

EIs of additional education for children should be renamed into organizations of additional education, and EIs of additional vocational education (advanced training) should be renamed into organizations of additional vocational education;

special educational institutions for children and adolescents with deviant behavior, implementing, respectively, general education programs or general education and NGO programs, should be renamed, respectively, into general educational and professional educational organizations with the special name "special educational institutions for students with deviant (socially dangerous ) behavior".

It is necessary to pay attention to the fact that the name of the educational organization must contain an indication of its organizational and legal form and type, when renaming educational organizations, their type is indicated taking into account their organizational and legal form (the norm of Law 273-FZ is already in force). The new Law does not contain special requirements for the organizational and legal form of organizations engaged in educational activities, and understands as such educational organizations and organizations engaged in training, and in addition, individual entrepreneurs engaged in educational activities. At the same time, only a non-profit organization (specially created in the form established for non-profit organizations) that carries out educational activities on the basis of a license as the main type of activity can be an educational organization, while an organization that provides training can be any legal entity that carries out on the basis of a license, along with the main activity, educational activities as an additional type of activity (such, in particular, include those engaged in educational activities scientific organizations, organizations for orphans and children left without parental care, organizations providing treatment, rehabilitation or recreation, organizations providing social services, and other legal entities; while (Law 273-FZ):

organizations providing training	have the right to carry out educational activities under the programs:
scientific organizations	magistracy
	training of scientific and pedagogical personnel
	residency
	vocational training
	additional professional programs
organizations providing treatment, rehabilitation or recreation

social service organizations	basic and additional general education programs
social service organizations	major vocational training programs
foreign missions of the Ministry of Foreign Affairs of the Russian Federation	basic and additional general education programs
other legal entities	vocational training
	preschool education
	additional educational programs

For the implementation of educational activities by the organization providing training, a specialized structural educational unit is created in its structure (part 6 of article 31).

As for individual entrepreneurs, they have the right to carry out educational activities in basic and additional general educational programs, and vocational training programs (part 3 of article 32).

Both the former and the new Law provide for the existence of state (that is, created by the Russian Federation or a constituent entity of the Russian Federation), municipal (created by the Moscow Region, and Law 273-FZ specifically clarifies that only a municipal district or urban district can be a founder; although the law of October 6, 2003 . N 131-FZ "On general principles organization of local self-government in the Russian Federation" refers to the municipality of an urban or rural settlement, municipal district, urban district or intracity territory of a city of federal significance) and private educational organizations (created by an individual or legal entity, or their associations, with the exception of foreign religious organizations - an exception is mentioned only by Law 273 -FZ, and the former Law formally allowed them to act as the founder of the educational institution (clause 3 of part 1 of article 11), but in fact this prohibition was introduced by the last paragraph of part 3 of article 27 of the Federal Law of September 26, 1997 N 125-FZ "On freedom conscience and religious associations").

Both compared laws provide that in certain cases the establishment of an educational organization can be exclusively the prerogative of the state: according to Law 273-FZ, educational organizations for students with deviant behavior (special educational institutions of an open and closed type) are created by the Russian Federation or a constituent entity of the Russian Federation (a similar rule was established by part 2 of article 11 of Law 3266-1); educational organizations implementing educational programs of higher education in the field of defense and security of the state, ensuring law and order, can only be created by the Russian Federation (the previous Law established the monopoly of the Russian Federation on the creation of any educational institutions implementing military professional educational programs), the new Law is specifically devoted to the specifics of the implementation of professional educational programs and activities of educational organizations of federal state bodies that train personnel in the interests of the defense and security of the state, ensuring law and order.

1) type of educational organization;

2) the founder of an educational organization;

1. types of implemented educational programs indicating the level of education and (or) focus;

2. the structure and competence of the governing bodies of the educational organization, the procedure for their formation and terms of office.

The rest can be fixed in the local acts of the organization; at least, local acts regulating:

admission rules for students

the mode of study of students,

forms, frequency and procedure for ongoing monitoring of progress and intermediate certification of students,

the procedure and grounds for the transfer, expulsion and restoration of students,

the procedure for registration of the emergence, suspension and termination of relations between the educational organization and students and (or) parents (legal representatives) of underage students.

At the same time, when adopting local regulations affecting the rights of students and employees of an educational organization, the opinion of councils and trade unions of students, councils of parents is taken into account.

Considering the issue of the MA's right to raise additional funds, it is also necessary to point out the following. Both compared laws allow educational organizations to conduct income-generating activities: the former Law directly authorizes the activities of the educational institution provided for by its charter, insofar as it serves to achieve the goals for which they were created and corresponds to the specified goals (part 1 of article 47 of the former Law), the new Law mentions income-generating activities. In addition, the Federal Law of January 12, 1996 N 7-FZ "On Non-Commercial Organizations" establishes that a non-commercial organization can carry out entrepreneurial and other income-generating activities only insofar as this serves to achieve the goals for which it was created and meets these goals. , provided that such activity is specified in its constituent documents. Such activity is the profitable production of goods and services that meet the goals of creating a non-profit organization, as well as the acquisition and sale of securities, property and non-property rights, participation in business companies and participation in limited partnerships as an investor (Part 2 of Article 24). However, the previous Law provided for the control of the founder over the implementation of the specified activity, which was entitled to suspend the income-generating activity. educational institution if it goes to the detriment of educational activities provided for by the charter, until a court decision on this issue (part 3 of article 47). The new Law does not contain a similar rule, nor does it exist in other laws. Thus, the independence of educational organizations, including from the founder, is strengthened by Law 273-FZ.

For the purposes of this Federal Law, the following basic concepts shall apply:

1) education - a single purposeful process of education and training, which is a socially significant good and is carried out in the interests of a person, family, society and the state, as well as a set of acquired knowledge, skills, values, experience and competence of a certain volume and complexity in order to intellectual, spiritual and moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests;

2) upbringing - an activity aimed at developing the personality, creating conditions for self-determination and socialization of the student on the basis of socio-cultural, spiritual and moral values and the rules and norms of behavior accepted in society in the interests of the individual, family, society and the state;

3) training - a purposeful process of organizing the activities of students to acquire knowledge, skills, abilities and competencies, gain experience in activities, develop abilities, gain experience in applying knowledge in Everyday life and the formation of students' motivation to receive education throughout their lives;

4) level of education - a completed cycle of education, characterized by a certain unified set of requirements;

5) qualification - the level of knowledge, skills, abilities and competence, characterizing readiness to perform a certain type of professional activity;

6) federal state educational standard- a set of mandatory requirements for education of a certain level and (or) for a profession, specialty and area of training, approved by the federal executive body responsible for developing state policy and legal regulation in the field of education;

7) educational standard - a set of mandatory requirements for higher education in specialties and areas of training approved by educational institutions of higher education, determined by this Federal Law or a decree of the President of the Russian Federation;

8) federal state requirements - mandatory requirements for the minimum content, the structure of additional pre-professional programs, the conditions for their implementation and the terms of study for these programs, approved in accordance with this Federal Law by authorized federal executive bodies;

9) educational program - a complex of the main characteristics of education (volume, content, planned results), organizational and pedagogical conditions and, in the cases provided for by this Federal Law, certification forms, which is presented in the form of a curriculum, a calendar curriculum, work programs of educational subjects, courses, disciplines (modules), other components, as well as assessment and methodological materials;

10) an exemplary basic educational program - educational and methodological documentation (an exemplary curriculum, an exemplary calendar study schedule, exemplary work programs for subjects, courses, disciplines (modules), other components), which determines the recommended volume and content of education at a certain level and (or) a certain focus, the planned results of the development of the educational program, approximate conditions for educational activities, including approximate calculations of the standard costs of providing public services for the implementation of the educational program;

11) general education - a type of education that is aimed at developing the personality and acquiring, in the process of mastering the basic general educational programs, knowledge, skills, and the formation of competencies necessary for a person's life in society, a conscious choice of a profession and obtaining professional education;

12) vocational education - a type of education that is aimed at the acquisition by students in the process of mastering the basic professional educational programs of knowledge, skills, and the formation of competence of a certain level and volume, allowing them to conduct professional activities in a certain area and (or) perform work in a specific profession or specialties;

13) vocational training - a type of education that is aimed at acquiring by students the knowledge, skills and competencies necessary to perform certain labor, service functions (certain types of labor, service activities, professions);

14) additional education - a type of education that is aimed at the comprehensive satisfaction of the educational needs of a person in intellectual, spiritual, moral, physical and (or) professional improvement and is not accompanied by an increase in the level of education;

15) student - an individual who is mastering the educational program;

16) a student with disabilities - an individual who has deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions;

17) educational activities- activities for the implementation of educational programs;

18) educational organization - a non-profit organization that carries out educational activities on the basis of a license as the main type of activity in accordance with the goals for the achievement of which such an organization was created;

19) an organization providing training - a legal entity carrying out, on the basis of a license, along with the main activity, educational activities as an additional type of activity;

20) organizations carrying out educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, individual entrepreneurs engaged in educational activities are equated with organizations engaged in educational activities, unless otherwise provided by this Federal Law;

21) a pedagogical worker - an individual who is in labor, service relations with an organization carrying out educational activities, and performs the duties of training, educating students and (or) organizing educational activities;

22) curriculum - a document that defines the list, labor intensity, sequence and distribution by periods of study of subjects, courses, disciplines (modules), practice, other types learning activities and, unless otherwise provided by this Federal Law, forms of intermediate certification of students;

23) individual curriculum - a curriculum that ensures the development of an educational program based on the individualization of its content, taking into account the characteristics and educational needs of a particular student;

24) practice - a type of educational activity aimed at the formation, consolidation, development of practical skills and competence in the process of performing certain types of work related to future professional activities;

25) orientation (profile) of education - the orientation of the educational program to specific areas of knowledge and (or) types of activities, which determines its subject and thematic content, the prevailing types of educational activities of the student and the requirements for the results of mastering the educational program;

26) means of training and education - devices, equipment, including sports equipment and inventory, instruments (including musical ones), visual aids, computers, information and telecommunication networks, hardware, software and audiovisual means, printed and electronic educational and information resources and other material objects necessary for the organization of educational activities;

27) inclusive education - ensuring equal access to education for all students, taking into account the diversity of special educational needs and individual opportunities;

28) adapted educational program - an educational program adapted for training persons with disabilities, taking into account the peculiarities of their psychophysical development, individual capabilities and, if necessary, providing correction of developmental disorders and social adaptation of these persons;

29) quality of education - a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement planned results of the educational program;

30) relations in the field of education - a set of public relations for the realization of the right of citizens to education, the purpose of which is the development by students of the content of educational programs (educational relations), and public relations that are associated with educational relations and the purpose of which is to create conditions for the realization of the rights of citizens to education;

31) participants in educational relations - students, parents (legal representatives) of underage students, teachers and their representatives, organizations engaged in educational activities;

32) participants in relations in the field of education - participants in educational relations and federal state bodies, state authorities of the constituent entities of the Russian Federation, local governments, employers and their associations;

33) conflict of interests of a teaching worker - a situation in which a teaching worker, in the course of his professional activities, has a personal interest in obtaining material benefits or other advantages and which affects or may affect the proper performance of professional duties by a teaching worker due to a contradiction between his personal interest and interests student, parents (legal representatives) of minor students;

34) supervision and care of children - a set of measures for the organization of nutrition and household services for children, ensuring their compliance with personal hygiene and daily routine.

Commentary on Art. 2 of the Law "On Education in the Russian Federation"

The commented Article 2 of the Law on Education of Russia is an innovation in educational legislation, since it marks the emergence of a definitive apparatus that defines the most significant concepts for the entire educational sphere. So far, educational laws have not contained similar provisions in their norms. It should be noted that the presence in the legislation of the terms used for the purposes of a normative act greatly simplifies its use within the framework of the interpretation of individual rules and regulations.

As the ancients said: "define the terms - and you will save yourself from a huge number of disputes." In accordance with the traditions of modern lawmaking, the authors define the main terms used in this normative act, according to a meaning that differs from the generally accepted one. Therefore, we are faced with a difficult task: to give a secondary interpretation of the terms and explain to the reader what exactly the authors had in mind when defining the meaning of a particular concept. In total, the article presents 34 concepts, not all of which need commentary. Accordingly, the task is not so much to explain what has already been explained, but to focus the reader's attention on the most important aspects of the meaning of a particular concept.

So, education (item 1). In fact, the definition fills the gap of the previous 20 years, when, along with ideology, upbringing was almost completely excluded from the education process. This mistake led to tragic consequences for the younger generation and not only for him. Today this mistake is corrected and education is defined as a purposeful process of education and training. The second important component of this key term is understanding the purpose of learning. It has already been noted above that training is carried out not only in the interests of an individual, but is of a public nature (for more details, see). Here, the consumers of the learning process are directly indicated: the individual, the family, society and the state. Also, in the commented definition, the content of education is highlighted, not as the acquisition of unsystematic knowledge, but the totality of knowledge, skills, abilities and practical experience. Even F. Engels wrote: "A dry theory is a green tree of life." Thus, to obtain a completed education, it is not enough only theoretical knowledge, practical skills are also needed, which education is aimed at developing among trainees. Finally, the goal of getting an education is to form not just a person with a complex of theoretical knowledge and practical skills, but a comprehensively prepared, self-sufficient personality, able to apply their knowledge in practice, in independent life and practical activities.

Further, the commented article reveals the content of the components of education in the form of education and training. Moreover, upbringing (p. 2) is placed above education, with the allocation of elements of self-determination and socialization in a person’s personality, which requires certain explanations. Self-determination or self-awareness implies that only a person adequately educated in relation to the needs of a given society is able to correctly determine his place in life, without self-abasement and overestimation of his significance, which is equally negatively perceived by society and by the person himself.

With regard to socialization, it was noted long ago: "It is impossible to live in society and be outside society." Despite the swearing character that this concept has acquired in our daily life, socialized in the exact meaning of the word means "comradely, public." * (9) Thus, it means fitting into the surrounding social environment. This acquires a special meaning, since a person who has received an education involuntarily changes his social circle, interests, belonging to a social class, group. Therefore, it is very important in the process of education to instill in him the skills of new communication. Moreover, we emphasize that this is done again in the interests of the individual, family, society and the state.

Returning to the clarification of the concept of learning (p. 3), in addition to the above-mentioned signs of this process as an educational process, it should be noted that one of the tasks of learning is to form students' motivation to receive education throughout their lives. Such motivation is due to the constantly changing conditions of life and the acceleration of the process of its evolution. Karl Jaspers in the last century said: "In our time, you need to run very fast - to stay in place."

The next term, which was explained in the commented article 2 of the Law on Education in the Russian Federation, is the level of education (clause 4). Under it, in the sense of the commented Law, is understood the completed cycle of education. From now on, the concepts of "incomplete or incomplete higher" and similar definitions go into the past. The training cycle can only be complete, confirmed by the relevant document on education. In all other cases, only the previous level of education is recognized. In other words, an academic certificate issued by a university to its former student only allows you to continue the process of obtaining higher education at another university, but does not confirm the level of education.

The concept of "qualification" (clause 5), despite the absence in its definition of a mandatory requirement that a person has a document of an established form confirming its level, in its meaning means readiness to perform one or another type of professional activity.

The term "federal educational standard" (clause 6) was originally used in Part 5 of Art. 43 of the Constitution and means the establishment by the state of certain general requirements to the totality of knowledge, skills, abilities and competencies that characterize a certain type of professional activity, approved by the Ministry of Education and Science of the Russian Federation.

The concept of "educational standard" following it (clause 7) means a set of mandatory requirements for higher education. One can argue with the authors of the Law about how much it reflects the essence, but, as they say, "they don't argue about terms, they are defined." The difference between the standards of this type and the previous one is that its content is approved by the commented Law or the decree of the President of Russia. It turns out that a standard that covers a smaller amount of knowledge, skills and competencies has a higher legal status.

The concept of "federal state requirements" (clause 8) means the requirements for the minimum content of additional professional programs, the conditions for their implementation and the terms of study for them, approved by the Ministry of Education and Science of the Russian Federation.

In the end, the "educational program" itself (clause 9) includes a set of mandatory elements: volume, content, planned results, certification forms, calendar curriculum, work programs, and other components. We draw the attention of readers that the list of elements curriculum is open, that is, it provides for the possibility of its addition, which turns it into an exemplary program (clause 10). Moreover, it should be noted that despite the 20-year discussion and criticism from the educational community, including members Russian Academy education, this paragraph of the Law, following its predecessor, interprets an exemplary educational program as a set of educational services. In our opinion, such an approach contradicts the meaning of the Russian Constitution and the logic of the development of legal relations. If one side in this case- an individual has a right to something, then the other side of social relations - the state is obliged to ensure this right. Ensuring this right cannot in any way look like a service (serving - serving someone lackey). * (10) Moreover, above in the same article it is said about training and education (clauses 1-3), carried out not only in the interests individuals, but also society and the state as a whole.

And further, in violation of any logic, the conflict of interests of the pedagogical worker (paragraph 33) is defined as his personal interest in obtaining material benefits or other advantages in the relationship between the interests of the worker and the student. As if the quality of education does not depend on the size and form of remuneration of the teacher!

Also, the authors of the commented Law are trying to define the concept of "means of training and education" (p. 26) by listing them. Although the list specific funds open, such an approach can hardly be considered reasonable. In our opinion, the main thing in this definition is still an indication that these are "material objects necessary for the organization of educational activities."

There is another controversial term in the commented article 2 - this is "inclusive education" (paragraph 27), which, according to its authors, means education that is equally accessible to all students. At the same time, the term "inclusive" means: "applying to a wide range of subjects (antonym exclusive)".

The same can be said about the adaptive (adapted according to the original meaning of Yu.D.) program for training people with disabilities (p. 28). It seems that for such students it is necessary not to adapt the general educational program, but to develop a special one, corresponding to their capabilities and abilities.