The new governor, as I heard, plans to eliminate the queue for kindergartens
The question is how he will accomplish this.
By law, everyone must be given a place in kindergarten. The demographic situation in the country is quite predictable and understandable. The birth rate in Russia is at a very low level. It’s scary to imagine what would happen if the birth rate were at least the same as in the Soviet Union. The administration of the city of Krasnodar would probably burst.
If you think calmly, then all the work of government agencies to provide social infrastructure facilities can be measured by the indicator of the availability of places in kindergartens. After all, children needing places in kindergartens are neither a natural disaster, nor a flood, nor a fire. This is not out of the blue, as they say. The birth rate in Russia has remained at approximately the same low level for many years. And if the city cannot provide children with kindergartens, then there is no point in such overbearing management. There is no point in deputies of the city duma, in municipal government bodies, in all departments, ties, offices, etc. If the government does not provide places in kindergartens, then this government is incapable, it does not work correctly, it sets the wrong priorities in its work. I sympathize with the new governor, who has such a baggage of problems. I doubt that the declared implementation of eliminating the queue for kindergartens will be implemented.
But since the municipal government must somehow fulfill the wishes and demands of the federal government, something needs to be done about the problem of providing kindergartens.
So, how will the ambitious task of providing kindergartens be achieved?
I really hope that such a serious issue will not be resolved by issuing an official refusal to provide a place in kindergarten.
Here is an example of such a refusal to issue a permit to send a child to a preschool educational institution:
In this case, the prosecutor's office will look into it. But something tells me that the queue for kindergartens can be shortened by the end of the year by issuing everyone a refusal to issue a voucher to send a child to a preschool educational institution .
Can they refuse admission to kindergarten ? As you can see, they can. According to the law, according to the “May decrees” and cheerful reports from officials, there are no reasons for refusal, since there are enough places. But in fact, getting a ticket to kindergarten can be problematic.
Nuances of the problem
If a child is not accepted into kindergarten for good reasons, then the state tries to solve this problem in a different way. Parents are given monetary compensation. But the bottleneck of this issue is that due to poor budgets, many regions of the country do not have the opportunity to implement this.
The government was considering a bill that wanted to include all regions of the country in this program. But it was postponed. Therefore, parents need to find out for themselves whether they are eligible for such a benefit.
Each region that has assumed such obligations sets its own payment amount. The size of these funds ranges from 1000 to 6000 rubles.
If you are denied admission to a kindergarten, write a complaint!
If you have been refused admission to a kindergarten in Krasnodar, I believe that there are several correct addressees to send complaints to. First of all, this is the Chairman of the Government of the Russian Federation, the governor of the Krasnodar Territory, and the prosecutor's office of the city of Krasnodar. Below are links to sample complaints. Additionally, the text of the complaints is posted here.
The universal availability and freeness of preschool education in municipal educational institutions is guaranteed by the Constitution. Therefore, refusal to provide a place in kindergarten is a direct violation of the constitutional norm (Article 43 of the Constitution of the Russian Federation).
The Law on Education, in principle, does not provide for such a procedure as refusal to enter kindergarten . They may not provide a place in a particular kindergarten due to its overcrowding, but logically in this case they should provide a place in another kindergarten. refusing , local governments refer to internal regulations. It would be superfluous to say that no regulations should contradict the Constitution and laws of Russia.
The issue of lack of places in kindergarten is a problem of the city authorities, its disorganization, incompetence and inability to mobilize to solve important problems.
Legal grounds
It is not difficult to register for enrollment in kindergarten, because according to the law of the Russian Federation, every child has the right to free attendance at a preschool educational institution (this is stated in Article 43 of the Constitution).
There are other federal documents that you can review. Thus, the Family Code (Article No. 63) states that parents have the right to independently choose a preschool institution and the form of acquiring knowledge.
And the order of the Ministry of Education and Science number 2562 states that admission to kindergartens is carried out on the basis of the passport of the legal representative, an application and a medical report. Unfortunately, all of the above does not guarantee that the baby will end up in a municipal preschool institution.
There are many reasons why management can refuse a child’s parents, but only 2 of them are legal:
- inconsistency with the required age (under 3 years or over 7);
- poor health.
Other grounds are illegal, even if the kindergarten management assures parents otherwise.
It should be remembered that Russia is a rule of law state, and it is possible to achieve enrollment in a preschool institution. The main thing is to know what to use to guide you in achieving your goal.
Complaint to the Government or the President of the Russian Federation
According to the Decree of the President of the Russian Federation of May 7, 2012 No. 599 “On measures to implement state policy in the field of education and science,” the Government of the Russian Federation was instructed to achieve the following indicators in the field of education:
— achieving 100 percent accessibility of preschool education for children aged three to seven by 2021;
Thus, it was Medvedev who was given the instruction to ensure the availability of preschool education for children from 3 to 7 years old. Naturally, all the governors reported to Moscow about the implementation of the “May decrees.” Our governor did the same. In any case, it is Medvedev who is responsible to the President for failure to comply with the Presidential Decree.
I am attaching a complaint to the Government of the Russian Federation - Complaint to the Chairman of the Government of the Russian Federation .
They don’t take me to kindergarten with temporary registration in Moscow, where to apply?
1. The tenant of residential premises provided under a social tenancy agreement, with the consent in writing of the landlord and members of his family living with him, has the right to transfer part of the residential premises occupied by him, and in the case of temporary departure, the entire residential premises for sublease. A sublease agreement for residential premises provided under a social tenancy agreement can be concluded provided that, after its conclusion, the total area of the corresponding residential premises per resident is no less than the accounting norm, and in a communal apartment - no less than the provision norm.
We recommend reading: Registration of ownership of a country house
The state district hospital should not refuse to provide first aid. I know for sure that they will accept me (when I didn’t have registration, I went myself). however, in most cases all services will be paid. Therefore, make a conclusion whether it makes sense to go to a social hospital for money or go straight to paid honey. a center where the equipment and service are better.
Complaint to the head of administration (governor) of the Krasnodar Territory
It is the head of the administration, as the head of the executive branch in the region, who is responsible to the Chairman of the Government and the President for the implementation of the order to achieve 100 percent accessibility of preschool education for children aged three to seven by 2016.
It is possible that he, too, may be misled. Therefore, it must receive appropriate signals and respond appropriately.
Attached - Complaint to the Governor of the Krasnodar Territory .
First stage
1. If you are of suitable age for enrollment in kindergarten, but are not provided with a place, contact the Education Committee of the relevant district to provide a place in kindergarten.
2. The Education Committee requests information from the relevant kindergarten and reports the application received.
3. Next, the committee provides an answer about the possibility or impossibility of providing the child with a place in kindergarten.
If a child is enrolled with a full-day place, we are happy and send the child to kindergarten.
However, often such responses from the Committee contain the following information: “The number of places for children is set based on the application of the kindergarten administration. According to the answer, the maximum group capacity is 00, free - 00. The position in the queue at the time of formation was 00 in its age category, and therefore the child was not given a place in kindergarten. When establishing the right of children to free preschool education, the current legislation does not establish restrictions on the form of its provision. In connection with this, the child can receive education full-time in a preschool educational institution that has available places.”
Is it worth the wait? Don't think! At least my client waited in line for two years, until life forced her to go to work and look for a way out.
Complaint to the Krasnodar City Prosecutor's Office
Since officials reported that queues for preschool institutions have been eliminated, it is possible that this is actually the case. Thus, refusal to provide a place in kindergarten is illegal. On the other hand, officials do not in any way confirm the fact that a particular kindergarten is overcrowded. I believe that for such cases some kind of act should be adopted.
A sample complaint is located at the link - Complaint to the Krasnodar Prosecutor's Office.
By the way, the prosecutor's office of the city of Krasnodar deals with issues of providing places in kindergartens and schools and even won the relevant courts. This became known thanks to information from the prosecutor's office of the Krasnodar region in response to a deputy request from V.F. Rashkin.
Response-Prosecutor's Office-Krasnodar-krai-to-deputy-request
The municipal government, apparently, is not capable of mobilizing its resources to implement priority socially significant projects . On the other hand, it cannot be said that the authorities are completely unable to concentrate on certain tasks. It won't be true. It’s just that those tasks to which the municipal government directs its mobilization resources are not social and demographically determined tasks. The municipal government is ready to mobilize in order to cover the entire city with “municipal” parking lots, without creating new parking spaces, or transfer previously existing free parking lots to paid use... By the way, the correct spelling of the word “ municipal ” in the phrase “ municipal parking ” is in in quotation marks, since in fact these parking lots are not municipal. The city government is ready to mobilize in order to transfer the municipal water supply and drainage structure into private offshore hands. Municipal authorities are ready to mobilize to ensure “correct” elections by any means or by crook, using the colossal capabilities of “administrative scrap”. But this municipal government is not able to mobilize its resources in order to provide city residents with places in kindergartens . First of all, this concerns the former city administration. To be fair, it is also worth mentioning the limited financial capabilities of municipal authorities.
In what cases is refusal unlawful?
There are many situations when they do not want to take a child to kindergarten, and the management cites the following reasons:
- lack of medical card . The kindergarten management is afraid that in the absence of preventive vaccinations the child will get sick and infect other children. It should be remembered that such a refusal is illegal. All children are in equal conditions, and vaccinations are not a mandatory factor for admission to an educational institution;
- lack of empty seats . Some institutions refuse parents because the kindergartens are overcrowded, others - in order to receive financial rewards. It's easy to find out what the reason is. It is enough to contact the management and ask for a written notice that they cannot take on another student;
- lack of permanent registration . The child must live on the territory assigned to the preschool institution. The fact of lack of permanent registration is not a reason for refusal of enrollment. This is confirmed by Article 67 of Law No. 273.
Refusal of a trip due to lack of space
A common case of a child not attending an educational institution is the lack of places in kindergarten, when the number of applicants exceeds the actual number of places in the institutions. The peculiarity of the distribution of vouchers between registered children in conditions of a shortage of places leads to the fact that in fact, a preferential category of children attend kindergartens. These categories include the following babies:
- children from large families;
- children of single mothers;
- children of law enforcement officers;
- children of combat veterans;
- other categories.
Families without privileges receive places in kindergartens only after they are out of the waiting list.
Arbitrage practice
Until 2012, one could safely say that denial of a ticket to a kindergarten due to lack of places was contrary to the Constitution of the Russian Federation and other laws.
A systematic analysis of the legislation allowed us to draw the conclusion about the unconditional availability of preschool education for everyone and the actual illegality that occurred during the distribution of places. Judicial practice in disputes over places in kindergartens has developed in two directions. Some courts agreed with the demands of the indignant parents and satisfied the claims, obliging municipal administrations and preschool institutions to accept the baby into the children's group. Other courts supported the institutions' arguments, dismissing the claims. One way or another, court decisions in favor of mothers and fathers became unenforceable in practice, since there were objectively no places in child care institutions, and providing a child with a voucher out of turn would violate the rights of other children.
Private lawsuits by parents did not solve the problem of shortage of places. A measure obliging municipalities to provide residents with sufficient kindergartens could be effective. But the legislator took the third path, recognizing such refusals as legal, as directly indicated in Article 67 of the Federal Law of the Russian Federation of December 29, 2012 No. 273-FZ. This led to a significant reduction in legal disputes regarding the lack of places in kindergartens.
Where to go if there are no places in kindergarten
The legality of refusals due to lack of places is by no means the point in deciding the issue of providing a child with a kindergarten. Those who are left without a place have the right to contact the city administration or regional (territorial) authorities dealing with education issues. They must assist in placing the child in another preschool institution.
In practice, this provision is implemented rather poorly. For example, they select a kindergarten that is located far from home. Parents refuse such an institution, and the child continues to stand in line waiting for a ticket.
