8 Things Parents of Preschoolers Shouldn't Pay For
1. Stationery. Albums, paints, pencils, plasticine, colored paper and others stationery already included in the norms for financing kindergartens from the budget. So you don't have to pay for them. Decree of the Cabinet of Ministers of the Republic of Tatarstan dated December 17, 2007 No. 721 (as amended on February 8, 2016) as well as Article 8 of the Federal Law 273-FZ "On Education in the Russian Federation" 2014.
2. Workbooks. In kindergartens, however, as in schools, they are used to collecting money from their parents for them. Meanwhile, workbooks are tutorial, and by law, those should be provided by a kindergarten or school for free! GOST 7.60-2003 clause 3.2.4.3.4 "Educational publications", Article 8 of Federal Law 273-FZ "On Education in the Russian Federation" 2014.
3. Detergents, household goods. Educators are asked to donate soap for the needs of the group, toilet paper And washing powder? But you have already paid for all this: detergents and items household chemicals included in the structure of the parental fee for kindergarten. Don't pay twice! Decree of December 30, 2013 N 1096 "On the normative financing of the activities of preschool educational organizations" as amended on February 8, 2016.
4. Toys. The kindergarten receives subventions from the local budget, which already includes the cost of paying for teaching aids, games and toys in accordance with the funding standards. Article 8. Law 273-FZ "On Education in the Russian Federation" 2014.
5. Paid services. In kindergarten, parents are often forced to take additional classes for their children: choreography, vocals, aerobics, and others for a fee. But paid educational services are not mandatory! If you nevertheless sent the child to such a circle, remember that payment is drawn up by agreement and transferred only to the settlement account of the kindergarten, and not transferred to the hands of the head or educator. In addition, you must be given a receipt for payment for the service. Cash collection for paid services is not allowed. The rights of a parent in this case are regulated by the Rules for the provision of paid educational services, approved by a government decree Russian Federation dated July 5, 2001 No. 505.
6. Security. Collecting money from parents for protection in kindergarten is also a violation of the law. Because it is the educational organization that should create a safe environment for pupils. Article 28, paragraph 6 Chapter 3 of Federal Law 273-FZ "On Education in the Russian Federation" 2014.
In addition, the staff of schools and kindergartens should have a duty officer, whose duties include checking cars entering the territory of the institution, following instructions from the administration in case of riots, and ensuring the protection of the life and health of pupils. Order of the Ministry of Health and Social Development No. 761 of August 26, 2010
7. Repair. The cost of organizing the provision preschool education in municipal educational organizations (including expenses for the maintenance of buildings and the purchase of utilities) are assigned to municipal authorities and are carried out at the expense of local budgets. Federal Law 273-FZ "On Education in the Russian Federation" 2014.
Letter of the Ministry of Education and Science of the Russian Federation of October 1, 2013 N 08-1408 "On the direction guidelines for the implementation of the powers of state authorities of the constituent entities of the Russian Federation".
8. "Voluntary contribution". Parents have the right to provide all possible assistance to the kindergarten, but on a purely voluntary basis and only in a non-cash form. Pressure on you or your child by the headmaster, educators or the parent committee is a gross violation of the law! If they demand a certain amount from you for the needs of the group and slip a receipt for a “voluntary contribution”, remember that setting fixed amounts for charitable assistance also refers to forms of coercion (putting pressure on parents) and is a violation of the federal law of 08/11/1995 No. 135- Federal Law "On charitable activities and charitable organizations".
If you have already donated money to the kindergarten, be aware that they cannot ask you for payment receipts, and you have the right to demand from the head (upon request) full information about spending and the ability to control the process of spending the funds contributed. The rights of philanthropists are approved by the order of the Ministry of Education and Science of the Republic of Tajikistan dated November 15, 2011 No. 5371/11.
According to the stories of readers of our, most common cause for refusal to start up is elevated temperature. It is measured "if there is anxiety symptoms» during the reception of children, the educator and (or) medical worker(according to SanPiN 2.4.1.3049-13).
However, parents do not always agree with the "decision" of the thermometer. “In our group, children were not allowed into the kindergarten several times, the last time the baby had a temperature of 38.2,” Lilya said. - Mom is at home on maternity leave, her explanation was: I have Small child I'm at home and I can't endanger him, so I brought a bag of medicines. She said to the teacher: put him to bed in the bedroom and let's give him some medicine.».
The employees of the kindergarten who fall ill during the day must be isolated from healthy children (in the premises of the medical unit) until the arrival of the parents or their hospitalization in a medical and preventive organization, informing the parents.
The caregiver is wrong. In practice, a story like that of Vera Stukalova can happen. Throughout the year, her daughter was returned - an hour and a half after the child was in the care of a caregiver - due to high temperature. The girl had no other symptoms of the disease (cough, runny nose, red throat). After a series of tests and examinations, the cause of the elevated temperature was found to be neurology.
“I have another certificate from the regional pediatric neurologist made a scandal in the kindergarten and left us behind. But the most interesting thing is that the temperature stopped rising after about a month and a half after that. But with these endless examinations and certificates that the child is healthy, I lost my job.”, Vera shared.
2. Runny nose
The caregiver is wrong. “The youngest was only threatened not to be allowed in because he didn’t have a doctor’s note. A conversation with the manager, methodologist and nurse magically influenced the commanding tone of the educator, ”the user under the nickname Iron Felix shared her experience.
Since the caregiver is not a health worker, he may mistake, for example, allergic rhinitis or a rash for an infectious disease. What should parents do if they do not agree with such a “diagnosis”? Kirill Druzhinin, a lawyer, leader of the all-Russian movement “Accessible preschool education for Russian children”, tells:
“It is necessary to warn the kindergarten in advance that there is such a disease, that it is not dangerous for other children. If the teacher refuses to continue to let the child into the group, go to the medical room and let the nurse examine him and conclude whether there is a danger or not. If the kindergarten continues to refuse to let you in, and there is confidence that the child is healthy, complain to the head of the kindergarten, and then to the education department.
3. Red throat
The caregiver is wrong. When a nurse unrolled one of the users of our forum with a child because he allegedly had a red throat, the mother decided to consult a pediatrician. The doctor confirmed that the throat is not red, but the child has chronic tonsillitis, and this is not contagious. “We returned back with a certificate,” writes mrs. Leslie.
Kindergarten teacher comments Natalia Krasnyanskaya:
« We do not have the right to allow or exclude children from classes. If parents come with a child who has signs of illness - snot, fever, then we ask you to approach the nurse in kindergarten, and she already gives advice to parents - to go or not to go to classes. Moreover, in this case, the kindergarten cannot forbid parents to leave the child in the group for a day. If a child has a cold, then on our own we try to isolate him as much as possible from other children so that others do not catch it.
But there are also more serious cases. For example, a child comes with clear signs infectious disease - say, scarlet fever. In this case, the kindergarten nurse can say that she will not let the child in until the doctor in the clinic sees him, who must say whether he admits the child to classes or not.
4. Rashes and redness
And redness ceases to be a problem for parents if they take care of the certificate in advance. If there is no document, then the teacher will rather play it safe than risk the health of the whole group, or even the entire garden.
The caregiver is wrong. “Deployed once. The child was bitten on the forehead by some kind of insect, there was a bump, and in the kindergarten they decided that it was an abscess. I didn’t argue, because I didn’t see the bite process. I went to the doctor, ”said the user of the forum.
The caregiver is wrong. “The group was quarantined for scabies, and my daughter had dermatitis on her hands in the cold. They didn’t let me in without a certificate from a dermatologist (however, we took this certificate quickly, the child was already in the group by breakfast), ”said another mother.
rights educator. However, the vigilance of educators is not always in vain: “ This is how they drove a boy with lichen on his head. And my mother was still very indignant that they were taken out of the garden and sent to the doctor. Then this boy was treated for a long time.
5. Watery eyes
Another reason for refusing to let them go to kindergarten is watery red eyes. Most often, this condition is one of the signs of conjunctivitis, a highly contagious disease.
rights educator.“The eye was red, conjunctivitis was suspected, they decided to take a break. I think that they did everything right, ”one of the users of the forum agrees with the decision of the educators.
By the way, actually without the permission of the nurse, the caregiver cannot send the child home.
What to do if the health worker is not available that day preschool , explains Natalia Krasnyanskaya:
“It is important to understand that educators act based on the situation. The law does not spell out how to act in such conditions. Therefore, we first of all look at the child, although it is clear that it is hardly possible to determine the diagnosis by eye. However, there are times when it is obvious that the baby is not feeling well.
We encourage parents to stay at home with him. Important point: we recommend, but do not forbid, to enter the group. There are no nurses, after all. In my memory, there were absolutely inadequate parents who would stuff a child with a temperature into a group. But there were also those who directly said: yes, he has snot, but I have no one to leave him with, it's just snot. Alas, we cannot send the child home without a nurse.”
6. Loose stools
The caregiver is wrong. “Once the teacher sent her son home in the morning, the reason was that, according to the teacher, the child pooped liquid yesterday ...” - said one of the mothers.
A similar story happened to the child of another user of the forum. « My son had diarrhea in the garden. The next morning they were not allowed into the garden. They told me to go to the clinic for tests. Taken by grandfather. He began to argue. Like, what did you feed him so that he vilified all day? He added that he would take him to the clinic, and upon receipt of the results of the tests, he would write a complaint to the ministry that the children were being fed filth, from which the children then had diarrhea all day. The son was admitted to the group. There were no other incidents like this."
7. Clothes "not according to the charter"
In some kindergartens, there are certain requirements for the "outfit" of the child. For example, in winter they may require a child to wear tights. And in the summer - provide a hat or panama. It should be borne in mind that such rules can only be advisory in nature.
The caregiver is wrong. “Once in the summer they didn’t let me in without a headdress. I left it and ran home for a panama hat, since we live nearby. Although there is almost no sun on the territory of the garden, there are many trees, shade is everywhere in summer. And I brought it without panama on purpose, because in such heat, the head almost always sweated in a headdress, ”said one of the mothers.
8. "Overdue" tests, lack of certificates
After the disease, as well as the absence of more than 5 days (except weekends and public holidays) children are admitted to preschool educational organizations only if they have a certificate (SanPiN 2.4.1.3049-13). However, sometimes employees of preschool institutions may require a certificate if the child has not been in kindergarten for 3-4 days.
The caregiver is wrong. “The eldest son was not allowed in without a certificate. On Friday, they could not take him away for family reasons, and on Monday they did not take him, because. 3 days have passed. A call to the Department of Education did not resolve the issue.”, – shared the user under the nickname “Iron Felix”.
The caregiver is wrong. “Sometimes they warn that if we don’t get vaccinated in time and we don’t bring a certificate about it, they won’t accept the child,” writes one of the mothers.
However, in accordance with Article 11 of the Federal Law "On the immunoprophylaxis of infectious diseases", preventive vaccinations are carried out only with the written consent of the parents or other legal representatives of minors. And article 5 of the same document states that the lack of preventive vaccinations entails a temporary refusal to admit citizens to educational and health institutions in the event of the occurrence or threat of mass infectious diseases. In another case, the rights of citizens to education or medical care cannot be infringed due to the lack of any preventive vaccinations.
rights educator. “Right today they were not allowed into the group, because there is no fresh one. So I’m thinking: either to file a lawsuit, or go to a phthisiatrician,” another doubts.
But in this case, the garden workers did everything right. Here is what SanPiN 3.1.2.3114-13 “Prevention of tuberculosis” says about this: “Children referred for consultation to an anti-tuberculosis dispensary, whose parents or legal representatives did not submit a conclusion of a phthisiatrician on the absence of tuberculosis within 1 month from the date of the Mantoux test are not allowed in children's organizations. Children who have not been diagnosed with tuberculin are admitted to a children's organization if there is a conclusion from a phthisiatrician about the absence of the disease.
9. Didn't order food
Usually, the amount of food that is cooked in is calculated by the number of children who have come in the morning. However, sometimes food not ordered in advance can be a reason for refusing to accept a child.
The caregiver is wrong. “We deployed once after an illness, I warned about the exit a day in advance. I came, and they tell me: they didn’t order food for you. Complained to the manager,” shared Helenka.
10. Child behavior
In theory, the teacher should not have favorites, he should be able to find a common language with all the children. In practice, it is different.
The caregiver is wrong. “During the closing of our garden, my son was transferred to another. So, we came to the garden in the morning, and the teacher said: "I will not accept your son, he does not obey me, runs away and offends the children." I was shocked. Fortunately, I was on vacation, took the child and silently left. I didn’t want to swear, but if it happened in our garden, I would have filed a complaint”, – said Natalia Kraglik.
This article details what the money is allocated for. kindergarten and everything you need to know about it. Every parent is concerned about the issue of financing kindergartens. After all, they have to annually contribute their own money for repairs, the purchase of detergents, toys and the like. Each preschool institution has different requirements, so parents are concerned about the legitimacy of demanding money from them. How legal is it to contribute money for arranging a kindergarten or this can be avoided. This issue needs to be studied in more detail.
The rights of preschool institutions to receive material resources
At present, in Russia, almost all kindergartens require some amount of money from parents for their maintenance, which is illegal. The Government of the Russian Federation adopted a law that establishes the rules for receiving funds from parents by preschool institutions. It is defined in federal law number 273, adopted in 2012, in article 65. Based on it from the parents, the employees of the preschool educational institution have the right to demand funds for:
- Carrying out the activities of looking after and caring for the child;
- Purchasing gifts for which funds were not allocated by the government.
In addition, a family that has a disabled child and he attends a preschool educational institution may not pay for his supervision and care. This category also includes children - orphans, children without parents, children who are sick with tuberculosis.
Each parent is entitled to receive compensation in the amount of 20% of the payment of the corresponding amount if the family income is below living wage.
The same law prohibits parents from contributing funds to the following types activities carried out by the DOE:
- Development, implementation and implementation of a kindergarten education program for children;
- Implementation of expenses related to the maintenance of the kindergarten, such as the purchase of detergents, dishes, repairs;
- Implementation of expenses associated with the purchase of toys, hygiene products and the like.
A preschool institution has the right to receive any charitable assistance, both from the parents of pupils, and from foreign organizations, people. This rule was adopted in accordance with federal law number 135 of 1995.
For what needs kindergartens receive funds from the budget
Every kindergarten in Russia receives monthly support from the state. Parents have to pay only for the services of caregivers and meals for children. Every year, the head of the kindergarten draws up an estimate, which is sent to the state authorities for budgeting. In accordance with the budget items, the kindergarten is financed. As a rule, the state allocates slightly less funds than stated in the estimate.
It should be noted that due to the fact that the government of certain regions does not have enough state funds for the maintenance of kindergartens, relevant regional laws can be adopted that give the right to collect additional funds from parents to pay for the following services:
- On wages educators and other employees of this preschool institution;
- To pay for telephone communications, utilities;
- For cosmetic repairs and maintenance of the kindergarten in a manner that meets sanitary standards;
- For the purchase of food and the maintenance of children, if the cost of these types of products has increased.
Representatives of the regional authorities can reduce or increase this list, so a parent who wants to understand the legality of the paid amount for the maintenance of a child in kindergarten should familiarize himself with the regional laws governing PEI activities. It should be noted that these expenses should be evenly distributed among all pupils, and also included in the amount of the basic payment for kindergarten and paid through a bank branch to the settlement account of the preschool educational institution.
As a rule, the allocated funds from the budget are not enough for the maintenance of the kindergarten, so the managers are trying with all their might to collect the required amount, starting with the persons interested in this, the parents. In order to know your rights and have an idea of what money is spent on, you need to familiarize yourself with the regional law, as well as look at the expense item for which the parent deposits his money through the bank. If the head of the kindergarten demands funds to purchase something for which the parents have already contributed money, then this can mean only one thing, the illegal use of funds.
Kindergartens need help, but you just need to be sure that this help is not in vain, will not go into the pockets of employees, but will go to improve the lives and maintenance of children. Charitable help preschool parent also renders through the bank account in which this institution is serviced.
There is no need to sound the alarm if the kindergarten employees demand money from the parents, it is necessary to figure out whether this is legal. But no kindergarten has the right to receive live, cash. They can receive assistance to the current account and in the form of products, means of support.
In this article, you learned what money is allocated to kindergarten. If you have any questions and problems that require the participation of lawyers, then you can seek help from the specialists of the information and legal portal "Sherlock". Just leave a request on our website, and our lawyers will call you back.
Editor: Igor Reshetov
Do I have to pay for non-attendance days of kindergarten?
You have the right not to take your child to kindergarten for up to 5 working days without providing a medical certificate. Of course, you don't have to pay for these days. To do this, it is enough to notify the teacher orally, by phone or in person, clearly indicating the day of return to the kindergarten.
However, it is worth remembering that you need to have time to remove the child from food in the morning, before 12 noon the previous day.
What days in kindergarten you may not pay.
If our child starts to get sick or is already sick, then we are in no hurry to run to the doctor, because there are a lot of people in the hospital who may not yet infect them, and the doctor understands medicine worse than a first-grader who can at least read the instructions. So we're taking administrative leave. I come and write a statement that the child will not be 2 days. If the child gets sick for more days, then I write a new application until we recover.
If we leave with our son to rest, then we also write a statement that we will not be from such to such a date. But if we extend the rest, then we call the teacher, who simply corrects the numbers on the application.
You do not have to pay anything for the kindergarten if you have informed the teacher in advance.
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Today, in almost all kindergartens, there is a provision: if a child misses classes for an unexcused reason, parents pay for the missed days. I mean public kindergartens, since private institutions have their own rules, and parents pay for services in accordance with specific agreements.
This situation is by no means the initiative of the heads of preschool educational institutions; in most cases, relevant orders are taken by the departments of education and local self-government bodies at the location of the kindergartens.
Moreover, those parents who refuse to pay for days not attended by their children without good reason are sued, and the courts consider cases in favor of the institutions.
What caused this lawlessness (from the point of view of the Civil Code of the Russian Federation, which clearly states that services not received or rendered are not paid)?
Not a crisis at all. This situation was 10 years ago, when my child attended kindergarten. The main excuse for the owners of preschool institutions is that since the child takes a place in the garden, let the parents pay in cases where they do not bring him without a good reason.
Moreover, the health worker does not allow a child who missed a visit, demanding to provide a certificate from the clinic that the child is healthy. At the same time, the norm of the relevant SANPIN is ignored, which allows parents to leave the child at home without any certificates for three working days (by the way, the same applies to schools).
Plus, raids begin on parents for food that was ordered for the child, since the administration did not know that the child would “play shirking”.
Therefore, most parents prefer to pay for "non-attendance", and do not come into conflict with the headmaster and educators.
In fact, these are requisitions, and it is illegal to demand payment for the days not visited by the child.
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I will not talk about commercial kindergartens, where payment is made in accordance with the terms of the contract.
In municipal kindergartens, this month they will take the full amount from you (even if there were "absenteeism" - due to illness or other reasons), and next month a recalculation should be made, but only partial - for food (or rather, your child’s non-nutrition on days passes).
For everything else - the work of educators, cooks, security guards (if any), nurses, utility bills - electricity, water supply, etc. - no compensation is provided, because. all this functions regardless of the presence or absence of a particular child. This is logical and understandable.
So, your official sick leave or good cause statements may affect the monthly payment for kindergarten to a small extent (in the form of non-payment for groceries).
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I read the question and answers and was surprised, not even slightly surprised, but very much.
For the fact that the child did not attend kindergarten without a good reason, no one should pay anything to anyone.
To be honest, I'm too lazy to raise the contract, but I recall that it was stated that payment for the child's attendance at a preschool institution is made upon the child's stay in kindergarten in the month following the reporting month.
That is, the child came to the garden, he was given a plus mark in the morning. We counted the pluses, gave the application to the dining room. On the same day, not a week or a month. In this regard, it was always strongly recommended not to be late, so that the teacher could count the pluses given to the children who came.
Specifically from personal experience. It so happened that the child did not get along well with the garden. We just come, 3 days - we get sick. They got treated, they came, on the third day they got sick again. In the end, I didn’t take her to the garden for months, during which time they were hardened with her, prevented, recovered from illness, and then made new unsuccessful attempts to conquer the peak called “kindergarten”.
(It's good that she went to school, and this epic ended.)
As a result, for 3.5 years, as it were, in a kindergarten, I got paid for only 2 months, I later calculated this for the sake of interest. That is, we did not pay anything for the days of absence. I know other children who also often did not visit the garden (both this garden and the other), no one paid anything for passes either. And, yes, the gardens are all municipal (now they are called state-owned).
Apparently, amateur performance takes place here in every preschool institution. But to know for sure, you just need to re-read the contract, what it says on this subject, and then everything will be clear. Perhaps, in order for you not to be charged, you need to write an application to the accounting department for reporting. This needs to be clarified with the manager.
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If you warned in advance that you would not go to kindergarten, then they have no right to demand payment from you.
If the kindergarten still insists, then first go to the director and explain the situation. Say that you were warned that you would not be there and hint that you would not want to contact organizations that control the quality of work of such institutions.
Directors of kindergartens are very afraid to contact organizations like Rospotrebnadzor, so they will definitely meet you and solve your problem.
The child did not go to kindergarten for several days, is it necessary to pay money for them?
Dear ones, you only need to pay for the days on which the child was in kindergarten, otherwise all this can be called arbitrariness.
If they need a statement for reporting, of course, write it and take it to the accounting department. If the educator stands his ground, go further - to the head, usually elementary decisions are made in such elementary issues.
Listen, but maybe you don’t have a public kindergarten, but a private one?
In this case, things are different, because private kindergartens are their own legislators. And usually they pay for all the passes, even if the child hasn't been there for almost a month. This is a big minus of private kindergartens - pay in advance, please.
But in the state, everything is different. All the days of the month in which the child was present are counted, then the parents pay for them. Payment in fact, it turns out.
So do not worry, but try to resolve this matter without losing your own and someone else's nerves, in which you will certainly remain the winner.
A place in the kindergarten is not provided due to lack. Most families face this problem. If there is a place in a kindergarten, then, as a rule, in another area, many kilometers away. Parents find a way out of this situation by exchanging a place in a kindergarten. On the Internet, there are many sites that post ads with information about the exchange of tickets to kindergarten. Although the problem with kindergartens is being solved, not in all regions, parents manage to enroll their children in a preschool from the age of 1.5, even with certain benefits.
Some regions of the Russian Federation pay compensation to families who failed to place their child in a preschool institution.
It is also possible to get a place in a kindergarten by court order. If you go to court with a lawsuit, motivating your claims by the fact that from a certain date your child was registered with the Department of Education of the administration of your city, in order to be assigned to a municipal preschool educational institution for preschool education. Despite your repeated requests, a place in the kindergarten for your child will not be provided. If the refusal is motivated by the lack of vacancies in the MDOU, the dates for obtaining a permit are not indicated, as a result of which you are forced to stay at home with the child, incur additional expenses, and are deprived of the opportunity to go to work, then feel free to go to court. Below are some articles with explanations that you can simply copy and paste into your statement of claim to provide a place in a kindergarten.
Place in kindergarten according to the law
According to article 3 of the Convention on the Rights of the Child, in all actions concerning children, whether they are undertaken by public or private institutions dealing with social security, courts, administrative or legislative authorities, the best interests of the child shall be a primary consideration. States Parties undertake to ensure to the child such protection and care as is necessary for his well-being, taking into account the rights and duties of his parents, guardians or other persons legally responsible for him, and to this end shall take all appropriate legislative or administrative measures.
Article 43 of the Constitution of the Russian Federation provides that everyone has the right to education. General accessibility and free of charge, including pre-school education in state or municipal educational institutions, is guaranteed. The Russian Federation establishes federal state educational standards.
Legislative guarantees of the constitutional right of the child to affordable preschool education are enshrined in the Federal Law of July 24, 1998 N 124-FZ "On the Basic Guarantees of the Rights of the Child in the Russian Federation", as well as in the Federal Law of December 29, 2012 N 273-FZ " On education in the Russian Federation”.
Article 5 federal law dated December 29, 2012 N 273-FZ "On Education in the Russian Federation" determined that the right to education in the Russian Federation is guaranteed regardless of gender, race, nationality, language, origin, property, social and official status, place of residence, and as well as other circumstances. The Russian Federation guarantees general accessibility and free of charge in accordance with federal state educational standards, including preschool education. 
The organization of the provision of public and free, including preschool, education for basic general education programs in municipal educational organizations is assigned to the powers of local government municipal districts and city districts (clause 1 of part 1 of article 9 of the said Law).
Based on the provisions provided for in Article 67 of the same Law, preschool education in educational institutions may begin when children reach the age of two months. The rules for admission to study in basic educational programs should ensure the admission of all citizens who have the right to receive general education of the appropriate level. The rules for admission to state and municipal educational institutions for training in basic general education programs should also ensure the admission to an educational organization of citizens who have the right to receive general education of the appropriate level and live in the territory to which the specified educational organization is assigned. Admission to a state or municipal organization may be refused only because there are no vacancies in it. In the absence of places in the state or municipal educational organization parents (legal representatives) of the child, in order to resolve the issue of his placement in another general educational organization, apply directly to the executive authority of the constituent entity of the Russian Federation that exercises state administration in the field of education, or the local government that controls education.
Thus, fixing the right to public, free preschool education in state or municipal institutions, the current legislation determines the obligation of the state and municipalities to ensure admission to basic general education programs of all citizens who have the right to receive general education of the appropriate level.
According to paragraph 13 of Part 1 of Article 16 of the Federal Law of October 6, 2003 N 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation", the organization of the provision of public and free preschool education in basic general education programs in municipal educational organizations, the creation of conditions for the implementation supervision and care of children, maintenance of children in municipal educational organizations are issues of local significance of the city district.
In accordance with paragraphs 4, 5 of part 1 of Article 9 of the Federal Law "On Education in the Russian Federation", local governments carry out the creation, reorganization and liquidation of municipal educational institutions, as well as ensure the maintenance of buildings and structures of municipal educational institutions, the arrangement of territories adjacent to them.
According to the legal position of the Constitutional Court of the Russian Federation, expressed in the Decree of May 15, 2006 N 5-P, the state and municipalities, based on the constitutional requirement for the general availability of preschool education, regardless of place of residence, are obliged to maintain a sufficient number of existing preschool educational institutions and the need to expand their network. The insufficiency of own revenue sources at the level of the constituent entities of the Russian Federation or municipalities is ensured through the provision of financial assistance from the federal budget to the budgets of the constituent entities of the Russian Federation in order to properly fulfill their spending obligations established by federal legislation. Local self-government bodies, in the event that their own funds are insufficient to reimburse the costs associated with the maintenance of children in preschool institutions, have the right to demand reimbursement of the relevant costs from the budget of another level.
Thus, the local self-government body must anticipate the corresponding need for places in preschool educational institutions, take timely measures to increase the number or capacity of existing educational institutions and their financing in order to create all the necessary sanitary and other conditions for their educational activities.
Taking into account the above norms of the law, the legally significant circumstances that the court must establish when resolving a dispute related to the realization of the child's right to receive preschool education in state or municipal educational institutions include the following: the child reaches the age of two months; availability of the right to preferential provision of a place in a preschool institution; the presence (absence) of places in preschool educational institutions, the presence (absence) of persons entitled to preferential provision with a place in a preschool educational institution; in the absence of places in the state or municipal educational organization at the place of residence of the child, the fact that the parents (legal representatives) of the child apply to resolve the issue of his placement in another general educational organization to the executive authority of the constituent entity of the Russian Federation or the local self-government body exercising management in the field of education; the adoption by the executive authority of the constituent entity of the Russian Federation, exercising state administration in the field of education or by the local government, exercising management in the field of education, of measures to place the child in another general educational organization in order to ensure the child's right to receive preschool education.
According to Article 56 of the Civil Procedure Code of the Russian Federation, each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law (clause 1).
The court determines which circumstances are relevant to the case, which party is to prove them, submits the circumstances for discussion, even if the parties did not refer to any of them (paragraph 2).
Taking into account the nature of the dispute and the content of the above norms of substantive and procedural law, the plaintiff bears the burden of proving the following facts: the child has reached the age stipulated by Article 67 of the Federal Law of December 29, 2012 N 273-ФЗ “On Education in the Russian Federation”, the presence benefits for obtaining a place in a children's preschool educational institution, applying to the executive authority of a constituent entity of the Russian Federation or a local government body that manages education. The defendant, in turn, must provide the court with evidence confirming the existence of persons entitled to preferential provision of a place in kindergarten, the lack of vacant places in preschool educational institutions, as well as the adoption of measures to ensure the child's right to receive preschool education in other educational institutions.
At the same time, these facts and circumstances must be confirmed by evidence that meets the requirements of Articles 59, 60 of the Civil Procedure Code of the Russian Federation.
