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The procedure for obtaining a licence for educational activities

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Consultant # 1370
Consultant # 1370
Lawyer
Ukraine / Kyiv

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Publication date: 12.07.2024

The procedure for obtaining a licence for educational activities
 

Educational activity is an important component of social life, which contributes to the formation of knowledge, skills and competences necessary for the development of the individual and society as a whole. To conduct educational activities in Ukraine, you need to obtain a licence. This article discusses the main aspects of the process of obtaining an educational licence, the regulatory framework, the main requirements for applicants, the stages of the licence process and the possible consequences of non-compliance with the licence conditions.
 

Legal and regulatory framework
 

The process of obtaining an education licence in Ukraine is regulated by several key legal acts:
 

TheConstitution of Ukraine:
 

  • Guarantees the right of citizens to education, including free pre-school, complete general secondary, vocational and higher education in state and municipal educational institutions.
     

Law of Ukraine "On Education":
 

  • Defines the main legal, organisational and financial principles of the education system, establishes the rights and obligations of participants in the educational process, the procedure for the provision of educational services and licensing of educational activities.
     

Law of Ukraine "On Higher Education":
 

  • Defines the legal framework for the functioning of the higher education system, establishes requirements for higher education institutions, rights and obligations of students and teachers, and the procedure for providing educational services and licensing of higher education.
     

Law of Ukraine "On General Secondary Education":
 

  • Regulates legal relations in the field of general secondary education, establishes requirements for educational institutions, rights and obligations of students, parents and teachers.
     

TheLaw of Ukraine "On Vocational Education":
 

  • Defines the legal, organisational and financial framework for the functioning of the vocational education system, sets out requirements for vocational education institutions, the rights and obligations of students and teachers, and the procedure for the provision of educational services and licensing of vocational education.
     

TheLaw of Ukraine "On Licensing of Economic Activities":
 

  • Defines the general legal framework for licensing of economic activities, establishes the list of activities subject to licensing, the procedure for obtaining a licence and requirements for licensees.
     

Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing of Educational Activities":
 

  • Regulates the procedure for granting a licence to carry out educational activities, sets out requirements for educational entities and the procedure for submitting documents.
     

Order of the Ministry of Education and Science of Ukraine "On Approval of Licensing Conditions for Conducting Educational Activities":
 

  • Sets out licensing conditions for educational entities, including requirements for material and technical facilities, staff qualifications and other aspects.
     

Main requirements for applicants
 

To obtain a licence for educational activities, a business entity must meet a number of requirements set out in the law. The main requirements include:
 

Registration of a legal entity or individual entrepreneur:
 

  • The applicant must be registered as a legal entity or individual entrepreneur in accordance with the laws of Ukraine.
     

Compliance with the material and technical base:
 

  • The business entity must have the necessary material and technical base for educational activities, including classrooms, equipment, teaching materials and other facilities that meet the established standards.
     

Qualification of teaching staff:
 

  • The business entity must have qualified teaching staff with the necessary knowledge and experience to carry out educational activities. The staff must have appropriate education, training, certificates and licences.
     

Compliance withsanitary and epidemiological standards:
 

  • An educational institution or educational entity must comply with the established sanitary and epidemiological norms and rules to ensure the safety of students and staff.
     

No criminal record:
 

  • Managers and teaching staff of the business entity must not have any convictions for serious crimes, crimes against life and health, as well as other crimes provided for by law.
     

Licensing procedure
 

The procedure for obtaining a licence for educational activities includes several main stages:
 

Preparation of documents:
 

  • The applicant must prepare a package of documents required to obtain a licence. This package includes:
    • An application for a licence in the prescribed form.
       
    • Copies of constituent documents (for legal entities).
       
    • A copy of the state registration certificate.
       
    • Documents confirming the availability of the material and technical base.
       
    • Qualification documents of teaching staff.
       
    • Sanitary and epidemiological conclusions.
       
    • Certificate of no criminal record for managers and teaching staff.
       

Submission of anapplication to the licensing authority:
 

  • The application together with the package of documents is submitted to the relevant licensing authority (for example, the Ministry of Education and Science of Ukraine). The documents may be submitted in person, by mail or electronically through specialised portals.
     

Consideration of theapplication by the licensing authority:
 

  • The licensing authority reviews the submitted application and checks the submitted documents for compliance with the requirements of the law. If necessary, additional checks or requests to other authorities may be made.
     

Making a decision on granting a licence:
 

  • Based on the review of the application and verification of the documents, the licensing authority makes a decision to grant or refuse a licence. In case of refusal, the applicant has the right to receive a reasoned response stating the reasons for the refusal.
     

Issuance of the licence:
 

  • In case of a positive decision, the licensing authority issues a licence to the applicant to conduct educational activities. The licence may be issued in paper or electronic form.
     

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