Publication date: 22.05.2024
lawyer, 23 years of experience in enforcement.
In accordance with the provisions of Article 7 of the Law of Ukraine "On Licensing Types of Economic Activities", educational activities are subject to licensing.
Clause 4 of the Licensing conditions for conducting educational activities, approved by Resolution of the Cabinet of Ministers of Ukraine dated December 30, 2015 No. 1187, establishes a list of licensees for conducting educational activities, which, as a rule, are various educational institutions.
Clause 5 of License Terms No. 1187 defines that based on the results of financial and economic activity of an educational institution, the main type of economic activity should be educational activity. For scientific institutions, the main type of activity can be activity in the field of scientific research and development. The specified norm does not apply to a business entity whose division conducts educational activities in the field of professional (vocational and technical) education.
In accordance with the provisions of Article 22 of the Law of Ukraine "On Education", a legal entity has the status of an educational institution if its main activity is educational activity. The rights and obligations of an educational institution provided for by the legislation of Ukraine also belong to a natural person - an entrepreneur or a structural subdivision of a legal entity under private or public law, the main type of activity of which is educational activity.
An educational institution as a business entity can operate in one of the following statuses:
- budgetary institution;
- non-profit educational institution;
- a profitable educational institution.
The status, organizational and legal form, and type of educational institution are determined by the founder and specified in the founding documents of the educational institution. Educational institutions operate on the basis of their own founding documents approved by their founders in accordance with legislation.
Article 10 of the Law of Ukraine "On Licensing of Types of Economic Activities" establishes the general procedure for registration and submission of documents to the licensing authority.
Licensing conditions No. 1187 define detailed requirements for the initiation and implementation of educational activities at various levels.
For example, if the licensee intends to provide English language teaching services, he must meet certain personnel requirements in accordance with clauses 73-74 of the Licensing Conditions No. 1187. Further, according to clause 75 of the Licensing Conditions, the licensee must have an approved educational, training program, material technical, educational-methodical and information support, which enables the implementation of approved educational and training programs, meets the requirements of life safety and occupational health and safety.
Paragraphs 76-77 of License Terms No. 1187 define the list of documents that are submitted to the licensing authority for consideration along with the relevant application.
All necessary samples are contained in the appendices to the License Terms.
Documents are submitted to regional, Kyiv or Sevastopol city state administrations.
In accordance with Article 12 of the Law of Ukraine "On Licensing of Types of Economic Activities", the licensing body shall determine the presence or absence of reasons for leaving it without consideration within 5 working days from the date of receipt of the application for obtaining a license and, in the event of their existence, shall make an appropriate decision. Part 2 of this article defines the grounds for leaving an application for obtaining a license without consideration.
Part 3 of Article 13 of the Law of Ukraine "On Licensing of Types of Economic Activity" defines the grounds for making a decision to refuse to issue a license.
Such a decision can be appealed to the Expert-Appeals Council on Licensing or immediately through administrative proceedings.
If, during the examination of the application for obtaining a license, it is established that there are no grounds for refusing to issue a license, the licensing authority shall make a decision on issuing a license.
According to Part 8 of Article 13 of the Law of Ukraine "On Licensing Types of Economic Activities", the term for making a decision on issuing a license or refusing to issue it is 10 working days from the day the licensing authority receives the application for obtaining a license.
In the decision on the issuance of a license, the licensing authority shall specify the details of the account for the payment of the fee for the issuance of the license.
In accordance with Article 14 of the Law of Ukraine "On Licensing of Types of Economic Activities", a one-time fee in the amount of one subsistence minimum is paid for the issuance of a license, based on the amount of the subsistence minimum for able-bodied persons in effect on the day the licensing authority makes a decision on the issuance of a license, if a different amount of the fee not established by law.
The license is issued for an unlimited period.
Legal service "Consultant" will provide professional assistance in preparing documents for obtaining licenses, including: alcohol license, fuel storage license, medical practice license, international transport license, beer licenses, taxi license, etc.
