This article describes in detail what money is allocated to the kindergarten, and everything you need to know about it. Every parent is concerned about the financing of kindergartens. After all, they have to contribute their own money annually for repairs, purchases detergents, toys and the like. Each preschool institution has different requirements, so parents are concerned about the legality of demanding money from them. How legal is it to deposit money for the arrangement of a kindergarten, or can it be avoided. This issue should be studied in detail.

The rights of preschool institutions to receive material resources

At present, in Russia, almost all kindergartens require some amount of money from their parents for their maintenance, which is illegal. The government Russian Federation a law has been passed that establishes the rules for receiving money from parents by preschool institutions. It is defined in federal law number 273, adopted in 2012, in article 65. On the basis of it, from the parents, the employees of the preschool educational institution have the right to demand funds for:

• Carrying out childcare and supervision activities;
• Purchase of gifts for which funds have not been 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 orphans, children without parents, children who are sick with tuberculosis.

Each parent has the right to receive compensation in the amount of 20% of the payment of the corresponding amount if the family's income is lower living wage.

The same law prohibits parents from contributing money to the following activities carried out by the preschool educational institution:

• Development, implementation and implementation of a program for teaching children in a kindergarten;
• Carrying out expenses related to the maintenance of the kindergarten, such as the purchase of detergents, dishes, repairs;
• Implementation of the costs associated with the purchase of toys, hygiene products and the like.

The preschool institution has the right to receive any charitable assistance, both from the parents of the pupils and from other organizations and people. This rule was adopted in accordance with federal law number 135 of 1995.

For what needs do kindergartens receive funds from the budget?

Every kindergarten in Russia receives monthly support from the state. Parents should only pay for child care and meals. Every year, the head of the kindergarten prepares an estimate, which is sent to the state authorities to form the budget. The kindergarten is financed in accordance with the budget items. As a rule, the state allocates slightly less funds than stated in the estimate.

It should be noted that due to the fact that government funds for the maintenance of kindergartens are not enough for the government of certain regions, appropriate regional laws may be adopted, which give the right to collect additional funds from parents to pay for the following services:

1. For the salaries of educators and other employees of this preschool;
2. To pay for telephone communications, utilities;
3. For cosmetic repairs and maintenance of the kindergarten in an appropriate sanitary manner;
4. 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, this list may be reduced or increased, therefore, 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 activities of preschool educational institutions... It should be noted that these costs should be evenly distributed among all pupils, as well as included in the basic payment for the kindergarten and paid through the 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 those interested in this, the parents. In order to know your rights and have an idea of ​​what the money is spent on, you need to familiarize yourself with the regional law, as well as view the expense item for which the parent deposits his money through the bank. If the head of the kindergarten requires funds to purchase something for which the parents have already contributed money, then this can mean only one, illegal use of funds.

It is necessary to help kindergartens, but you just need to be sure that this help is not in vain, will not be directed to the pockets of employees, but will go to improve the life and maintenance of children. Charitable assistance Preschool parent also provides through the current account in the bank in which the institution is serviced.

There is no need to sound the alarm if the kindergarten employees demand money from the parents, you need to figure out whether this is legitimate. But not a single kindergarten has the right to receive live, cash. They can receive assistance to the current account and in the form of products, collateral.

In this article, you learned what money is allocated to kindergarten. If you have any questions or problems that require the participation of lawyers, then you can ask for 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

The Federal Law of December 29, 2012 N 273-FZ "On Education in the Russian Federation" (hereinafter - Law N 273-FZ), which entered into force on September 1, 2013, contains innovations that relate to the system preschool education, in particular, discloses the issues of payment by parents (legal representatives) for the supervision and care of children in state and municipal educational organizations. Let's consider in the article whether the order of paying the parental fee has changed.

Possibility of collecting fees from parents (legal representatives) for looking after and caring for children, mastering educational programs of preschool education in organizations that provide educational activities, provided for in Art. 65 of Law N 273-FZ. In accordance with this article, preschool educational organizations provide supervision and care for children. For the named type of state (municipal) services, the founder of an educational organization has the right to establish a fee charged to parents (legal representatives) (hereinafter - parental fee), and its amount. His competence includes the right and procedure for reducing the amount of parental payment or exemption from it for certain categories of parents (legal representatives).
As you can see, federal legislation does not provide for limiting the maximum amount of parental fees charged for childcare and supervision.
Some clarifications on this issue were given by the Ministry of Education and Science of Russia in its Letter dated 04.24.2013 N DL-101/08.
Law N 273-FZ separates the functions of providing free and publicly available preschool education and the supervision and care of children in organizations conducting educational activities.
The provision of state guarantees for the implementation of the rights to receive public and free preschool education in municipal and state preschool and general education organizations, as well as financial support for obtaining preschool education in private preschool and general education organizations are attributed to the powers of state authorities of the constituent entities of the Russian Federation (subparagraphs 3 and 6 of p. 1 article 8 of Law N 273-FZ). These powers in relation to private educational organizations make it possible to fully compensate for the costs of families with children to receive preschool education in these educational organizations within the limits of the federal state educational standard.
The creation of conditions for the supervision and care of children in organizations conducting educational activities is attributed to the powers of the founders of the respective organizations (subparagraph 5 of paragraph 1 of article 8 and subparagraph 3 of paragraph 1 of article 9 of Law N 273-FZ).
Supervising and caring for children in educational organizations is essentially an activity that replaces the functions and responsibilities of parents in caring for children. Thus, parents are responsible for the upbringing and development of their children. They have a responsibility to take care of health, physical, mental, spiritual and moral development their children (clause 1 of Art. 63 of the RF IC).
Consequently, parents cannot be removed from the burden of bearing the costs of maintaining children (for looking after and caring for children), including in educational organizations. At the same time, the Ministry of Education and Science refers to the Resolution The Constitutional Court RF dated 05.15.2006 N 5-P, in which such a position is confirmed.
Taking into account the above, the founder sets the amount of payment for the supervision and care of the child in the organization carrying out educational activities. Under the supervision and care of children in Law N 273-FZ is understood a set of measures for organizing meals and household services for children, ensuring their compliance with personal hygiene and daily routine (clause 34 of article 2 of Law N 273-FZ). The supervision and care of children is carried out by educational organizations on the basis of an agreement on the provision of appropriate services between the parents (legal representatives) of the child and the organization.
Parental fees cannot include sales costs educational program preschool education, as well as expenses for the maintenance of real estate of state and municipal educational organizations implementing the educational program of preschool education.
This is due to the fact that the provision of state guarantees for the implementation of the rights to receive public and free preschool education in municipal preschool educational and general educational organizations is attributed to the powers of the constituent entities of the Russian Federation. For these purposes, local budgets are provided with subventions, which include labor costs, the purchase of textbooks and teaching aids, teaching aids, games, toys (except for the costs of maintaining buildings and paying for utilities), in accordance with the standards determined by the state authorities of the constituent entities of the Russian Federation (subparagraph 3 of paragraph 1 of article 8 of Law N 273-FZ).
In addition, when establishing the size of the parental fee for looking after and caring for children, it is necessary to take into account that, according to the Constitution of the Russian Federation, motherhood and childhood, the family are under the protection of the state, which implies the establishment of measures by the state social support families with children. By virtue of Law N 273-FZ, such measures of social support for a family with children are implemented by the state as follows:
- the right, and not the obligation of the founder of the educational organization, was established to introduce a fee charged to parents for looking after and caring for children in educational organizations (clause 2 of article 65 of Law N 273-FZ);
- when introducing parental fees, the founder has the right to reduce its size or not collect it from certain categories of parents (legal representatives) in the cases and procedure determined by him (clause 2 of article 65 of Law N 273-FZ);
- it was found that for the supervision and care of disabled children, orphans and children left without parental care, as well as for children with tuberculosis intoxication studying in state and municipal educational organizations that implement the educational program of preschool education, parental fees are not charged (Clause 3, Article 65 of Law No. 273-FZ).
In order to provide material support for the upbringing and education of children attending educational organizations that implement the educational program of preschool education, compensation is paid to parents (legal representatives). Its size is established by the regulatory legal acts of the constituent entities of the Russian Federation, but it must be at least 20% of the average parental pay in a given subject for the first child, at least 50% of the amount of such payment for the second child, at least 70% of the size of this payment for the third child, and subsequent children. One of the parents (legal representatives) who have paid parental fees for looking after and caring for children in the relevant educational organization has the right to receive compensation (clause 5 of article 65 of Law N 273-FZ).
The procedure for applying for the above compensation and the procedure for its payment are established by the state authorities of the constituent entities of the Russian Federation.
So, for example, the Decree of the Government of the Nizhny Novgorod region of 03.05.2006 N 151 approved the Regulation on the regulation of parental payments for the maintenance of children in state educational institutions implementing preschool education programs under the jurisdiction of the executive authorities of the Nizhny Novgorod region (hereinafter - the Regulation). In accordance with it, in the named subject of the Russian Federation, the payment for the maintenance of children in preschool institutions is reduced by 50% of the established parental payment:
- from parents (legal representatives) who are registered with the bodies of social protection of the population and have an average per capita income below 50% of the subsistence level per capita established by the government of the Nizhny Novgorod region;
- from parents (legal representatives) who have two or more children attending preschool institutions;
- from parents (legal representatives) who are invalids of I and II groups;
- from parents (legal representatives) with three or more minor children.
Parents (legal representatives) of children who, according to the conclusion medical institutions identified deficiencies in the physical and mental development, as well as children in tuberculosis preschool educational institutions are exempted from paying for the maintenance of children in preschool institutions on the basis of the aforementioned Resolution.
To establish a preferential parental fee in accordance with clause 3.3 of the Regulations, one of the parents (legal representatives) of the child must submit a written application to the preschool institution with the following documents: passport, birth certificate of the child, as well as documents confirming the right to the benefit:
- for children from low-income families with an average per capita income below 50% of the subsistence minimum per capita established by the government of the Nizhny Novgorod region - a certificate from the social protection authorities at the place of residence on the size of the average per capita family income;
- for children from large families - a certificate of a mother with many children ( a large family) the established sample;
- for parents (legal representatives) who have two or more children attending preschool institutions (provided that the children attend different preschool institutions), - a certificate from the preschool institution confirming the child's maintenance in a preschool institution;
- for parents (legal representatives), one of whom is a disabled person of group I or II, - a certificate of the established form, confirming the fact of establishing a disability, issued by federal state institutions of medical and social expertise.
Parents must certify their eligibility for this benefit annually.
To implement these support measures, the state authorities of the constituent entities of the Russian Federation and local governments of municipal districts and urban districts, as founders of educational organizations, should adopt legal acts defining the categories of parents (legal representatives) for whom, from September 1, 2013, the size of the parental fee will be reduced either which will be exempted from parental fees.
At the same time, it is recommended that the state authorities of the constituent entities of the Russian Federation establish from the named date the average size parental payment for the supervision and care of children in state and municipal educational organizations at a level not exceeding the actual amount of parental payment currently in force in the relevant territory, and approve the procedure for applying for parental payment compensation and the procedure for its payment.
At the same time, the founders of state and municipal organizations carrying out educational activities in educational programs of preschool education will also need to provide funds to reimburse the costs of the educational organization for the supervision and care of children.
It should be noted that the subjects of the Russian Federation and local authorities have the right to introduce additional measures support both for families with children and for organizations carrying out educational activities in educational programs of preschool education (based on Art.26.3.1 Federal law dated 06.10.1999 N 184-FZ "On general principles organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation ", Article 20 of the Federal Law of 06.10.2003 N 131-FZ" On the General Principles of Organization of Local Self-Government in the Russian Federation "and Article 31.1 of the Federal Law of 12.01.1996 N 7-ФЗ "On non-profit organizations").

NOVOKUZNETSK CITY COUNCIL OF PEOPLE'S DEPUTIES

On amendments to the decision of Novokuznetskiy dated 12.24.2013 No. 16/194 "On the establishment of fees for childcare and childcare in municipal educational organizations that implement the educational program of preschool education"

Novokuznetsk city

By the Council of People's Deputies

In accordance with Article 65 of the Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation", Resolution of the Kemerovo Region Administration Board dated February 1, 2016 No. municipal educational organizations for each municipality, depending on the conditions of childcare and supervision ", guided by Article 28 of the Charter of the Novokuznetsk urban district, Novokuznetsk City Council of People's Deputies

1. Introduce the following changes to the decision of the Novokuznetsk City Council of People's Deputies dated 12.24.2013 No. 16/194 "On the establishment of fees for childcare and childcare in municipal educational organizations implementing the educational program of preschool education":

1.1. Clauses 1, 2 shall be stated as follows:

"1. Install from 02/01/2017:

1.1. The cost rate for childcare and childcare per child in municipal educational organizations implementing the educational program of preschool education, in the amount of 5448.14 (five thousand four hundred forty eight) rubles 14 kopecks per month.

1.2. The payment collected from parents (legal representatives) for looking after and caring for children in municipal educational organizations implementing an educational program for preschool education (hereinafter referred to as parental fees), in the amount of 2220 (two thousand two hundred twenty) rubles per month, with the exception of municipal preschool educational organizations specified in subparagraph 1.3 of this paragraph.

1.3. Parental fees in municipal preschool educational institutions " Kindergarten No. 123 "," Kindergarten No. 274 "in the amount of 2,000 (two thousand) rubles per month.

1. Approve:

2.1. Categories of citizens who are exempt from parental fees, in accordance with Appendix No. 1 to this decision.

2.2. Categories of citizens for whom the size of the parental fee has been reduced by 50%, in accordance with Appendix No. 2 to this decision. "

1.2. Supplement with new paragraphs 3, 4, 5 as follows:

"3. The parental fee is not charged for the days when the child is absent from the educational organization for a good reason.

A good reason for the absence of a child in an educational organization is:

- illness of a child, sanatorium treatment of a child (with a certificate from a medical organization);

- the child's rest for the period of leave of parents (legal representatives) no more than 75 calendar days per year if there is an application from one of the parents (legal representative);

- the closure of an educational organization for repair work, quarantine, etc. (if there is an order from the educational organization);

- the child's undergoing rehabilitation after an illness (if there is a discharge from the hospital, a certificate from a medical organization, a conclusion of a specialist doctor, referral to medical rehabilitation).

In case of untimely (after 9.00 am on the first day of absence) notification by the parents (legal representatives) of the educational organization about the absence of the child for a good reason, as well as in the absence of the child without good reason, the parental fee for the indicated days is charged in full.

The notification is sent in a way that makes it possible to record the fact of its receipt by the educational organization (in writing, via e-mail, etc.). E-mail MB DOE "Kindergarten No. 196": [email protected]

Parents (legal representatives) are required to pay parental fees by the 10th day of the current month.

1. The parental fee is not charged (reduced) from the date of receipt from the parents (legal representatives) of the application with the attachment of documents confirming the right to exemption (reduction) of the parental fee in accordance with Appendices No. 1, 2 to this decision.
2. The parental fee is sent by educational organizations:

- for the purchase of food products in the amount of 85 (eighty five) percent;

- for the organization of a set of measures for household services for children, for ensuring their personal hygiene, for paying for medical examination by employees of educational organizations in the amount of 15 (fifteen) percent.

Spending parental payments for other purposes is not allowed. ”.

1.4. Clauses 7, 8 shall be stated as follows:

"7. This decision comes into force on the day following the day of its official publication, and extends its effect to legal relations arising from 02/01/2017.

1. Control over the implementation of this decision shall be entrusted to the administration of the city of Novokuznetsk and the committees of the Novokuznetsk city Council of People's Deputies on the budget, economy and municipal property (RV Zavatsky) and on the development of the social sphere and interethnic relations (MA Evsa). "

1.5. Appendix No. 1 shall be stated in a new edition in accordance with Appendix No. 1 to this decision.

1.6. Appendix No. 2 shall be stated in a new edition in accordance with Appendix No. 2 to this decision.

1.7. Appendices No. 3, 4 shall be declared invalid.

1. To recognize as invalid the decision of the Novokuznetsk City Council of People's Deputies dated September 23, 2014 No. 12/102 "On the measure of social support for certain categories of citizens for paying for childcare and supervision in municipal educational institutions implementing an educational program for preschool education."
2. This decision comes into force on February 1, 2017.
3. Control over the implementation of this decision shall be entrusted to the administration of the city of Novokuznetsk and the committees of the Novokuznetsk city Council of People's Deputies on the budget, economy and municipal property (R.V. Zavatsky) and on the development of the social sphere and interethnic relations (M.A.Yevsa).

Novokuznetsk

Appendix # 1

to the decision of Novokuznetsk

City Council of People's Deputies

dated 12/27/2016 No. 6/39

Appendix # 1

Council of People's Deputies

dated 24.12.2013 No. 16/194

Categories of citizens who are exempt from parental fees

Appendix # 2

to the decision of Novokuznetsk

City Council of People's Deputies

dated 12/27/2016 No. 6/39

Appendix # 2

to the decision of the Novokuznetsk city

Council of People's Deputies

dated 24.12.2013 No. 16/194

Categories of citizens for whom the parental fee has been reduced by 50%

In an autonomous institution, the founder determined the amount of parental payment for maintaining a child in a preschool educational institution in the amount of 1,778 rubles. The founder permits the use of these funds only for food for children. In the Resolution No. 5593 of November 6, 2015, the Administration of the urban district of the city of Bor, Nizhny Novgorod Region, it is said that the parental payment can be used in addition to the funds planned in the budget for the corresponding year to pay expenses, based on the list of costs established by the Government of the Russian Federation. Where can you find this list? Everywhere it is said that the parental payment goes to the maintenance of the child in the preschool educational institution. What is meant by the word "Maintenance" of a child in a preschool educational institution. What else, besides paying for food, is it possible to pay from the parental fee?

Answer

A specific list of expenses covered by parental fees is established by the founder, taking into account the restrictions enshrined in Part 4 of Art. 65 of the Law on Education. The list of such expenses is not established by the Government of the Russian Federation.

The list of costs included in the financial support for the implementation of children in preschool education at the expense of the corresponding budget is determined by the authorities of the constituent entity of the Russian Federation (local self-government bodies).

Attention:

A model methodology for calculating the standard costs for the provision of services for the supervision and care of children in educational institutions was proposed by the Ministry of Education and Science of Russia in a letter dated October 17, 2014 No. NT-1153/08 "On the amount of fees charged from parents (legal representatives) for supervision and care for children ".

In the opinion of the Ministry of Education and Science of Russia, the standard costs for the provision of supervision and care services should include the cost of wages and salaries for employees that ensure the creation of conditions for supervision and care, incl. delivery and storage of food products, food preparation (cooks, drivers, movers, storekeepers, auxiliary workers, castellans, laundry workers, etc.).

The regulatory costs established by the state authorities of the constituent entities of the Russian Federation (local self-government bodies) for the provision of state (municipal) services for the supervision and care of children in preschool educational institutions should cover:

• the cost of purchasing food, consisting of the cost of the daily diet of one child in accordance with the established norms of SanPiN 2.4.1.3049-13 "Sanitary and epidemiological requirements for the device, maintenance and organization of the mode of operation of preschool educational organizations", approved. Resolution of the Chief State Sanitary Doctor of the Russian Federation of May 15, 2013 No. 26;
• other expenses associated with the purchase of consumables used to ensure that the pupils comply with the daily routine and personal hygiene.

The direction of spending the parental payment is determined by the founder of the preschool educational institution, taking into account the targeted nature of the parental payment - for food, household services for children, ensuring that they observe personal hygiene and the daily routine.

Attention:

State (municipal) preschool educational institutions are not entitled to spend the funds received as parental payments on the implementation of the educational program of preschool education, as well as on the maintenance of real estate (part 4 of article 65 of Federal Law No. 273-FZ).

Please note that the above-mentioned act of the Ministry of Education and Science is of a recommendatory nature, a specific list of expenses covered by parental fees is established by the founder, taking into account the restrictions enshrined in Part 4 of Art. 65 of the Law on Education. The list of such expenses at the level of the Government of the Russian Federation has not been approved.

Relevant now: