O F F I C I A L T R A N S L A T I O N MINISTRY OF JUSTICE OF THE REPUBLIC OF ARMENIA HO-297/14.04.1999/EN/I/29.05.2015 HOVHANNES MANOUKIAN MINISTER OF JUSTICE OF THE REPUBLIC OF ARMENIA 29 MAY 2015 L A W OF THE REPUBLIC OF ARMENIA Adopted by the National Assembly on 14 April 1999 ON EDUCATION CHAPTER 1 GENERAL PROVISIONS Article 1. Legislation of the Republic of Armenia on education This Law shall define the principles of state policy in the field of education and the legal and organisational as well as financial and economic grounds of the education system. 1 The field of education shall be regulated by the Constitution of the Republic of Armenia, this Law and other legal acts. Article 2. Purposes of the legislation in the field of education Purposes of the legislation in the field of education shall be as follows: (1) ensuring and protecting the right to education of citizens of the Republic of Armenia as referred to in the Constitution; (2) distributing and separating competences among public administration and local self- government bodies; (3) creating legal guarantees and mechanisms for the operation and development of the education system; (4) determining the rights, obligations and liability of legal and natural persons, and legal regulation of the mutual relations thereof. Article 3. Main concepts used in this Law The following concepts shall be used in this Law: (1) “education” — an instruction and upbringing process in the interests of a person, society and the State, aimed at preserving the knowledge and transferring it to generations; (1.1) “instruction” — a process carried out through an educational programme that is directly or indirectly aimed at organising, implementing or assisting in the studies of an individual; (1.2) “lifelong learning” — outcomes of studies achieved through formal, non-formal and informal education throughout the entire life of a person by which the individual forms or improves his or her knowledge, skills, abilities and the system of values; 2 (1.3) “formal education” — a certain level or integrity of basic programmes of general education and professional (vocational) education which are implemented by relevant educational institution(s) and lead to granting a qualification degree or certification; (1.4) “non-formal education (instruction)” — a supplementary instruction programme of education or integrity of those which are implemented through relevant educational institution(s) or organisation and (or) service competent to perform that function, but do not lead to granting a qualification degree or official recognition of the outcomes of studies, except for the cases provided for by laws of the Republic of Armenia; (1.5) “informal education” — outcomes of studies achieved as a result of daily and family life, rest, leisure, work and other different actions that, as a rule, are not planned by a person as goal-oriented studies, are not organised and coordinated in terms of time or resources, do not lead to official recognition of the outcomes, except for the cases provided for by the legislation of the Republic of Armenia; (1.6) “supplementary education (instruction)” — non-formal studies through supplementary educational programme, the maximum duration whereof may be up to five months; (1.7) “attendee” — a person enrolled in and studying under the supplementary educational programme; (1.8) “social partner” — an organisation or association of organisations supporting, collaborating with and interested in the development of the system of professional (vocational) education and instruction, particularly unions of employers, trade unions and other public associations, as well as any organisation, state and community authorities implementing educational and academic programmes; (2) “state educational standard” — a regulatory norm establishing the mandatory minimum for the content of educational programmes, the maximum academic workload of learners and quality requirements to graduates; 3 (3) “educational (including military) programme” — the content of relevant level of education and specialisation therein; (31) “special education” — a system of instruction and education of persons in need of special conditions for education as well as that of children having demonstrated anti- social conduct, which, on the basis of one or several educational programmes, may be implemented in special or common institutions of general education, those of professional (vocational) education; (4) “educational institution” — an organisation or a subdivision thereof with a status of a legal person implementing one or more educational programmes and ensuring the instruction and upbringing of learners in accordance with the requirements of these programmes; (4.1) military education institution — an educational institution implementing graduate and post-graduate professional education and ensuring the instruction and upbringing of learners in accordance with the requirements for military education programmes; (5) “kindergarten” — an educational and upbringing institution implementing a pre- school education programme; (6) “educational institution of general education” — an educational institution implementing one or more basic programmes of general education; (7) (Point repealed by HO-161-N of 10 July 2009); (8) “educational complex” — an association of educational institutions implementing different educational programmes; (8.1) “vocational school” — an organisation with the status of a legal person or a subdivision thereof implementing a primary vocational (handicraft) education programme; (9) “college” — an organisation with the status of a legal person or a subdivision thereof implementing a secondary vocational education programme; 4 (10) “university” — a higher education institution, the activities whereof are aimed at organising higher, post-graduate and supplementary education, fundamental scientific research and studies in different directions of natural sciences, sociology, science and technology, and culture; (11) “institute” — a higher education institution implementing professional and post- graduate education programmes and scientific studies in a number of directions of science, economy and culture; (12) “academy (educational)” — a higher education institution the activities whereof are aimed at developing education, science, technology and culture in a particular field; which carries out the preparation and re-qualification of highly qualified specialists in a certain branch (sector) and implements postgraduate education programmes; (13) “conservatory” — a higher education institution, the activities whereof are aimed at preparation, raising the qualification of specialists and implementation of post-graduate education programmes in the field of music; (14) “branch” — a territorial separated subdivision of an educational institution, which implements one or various educational programmes; (15) “educational centre” — an organisation (including an educational institution) implementing supplementary educational programme(s); (16) “licensing” — the process of authorisation of activities of an educational institution; (17) “attestation” — evaluation of the activities of an educational institution and that of the quality, content and level of preparation of the graduates thereof, in accordance with the requirements of state educational standards; (17.1) “qualification” —a status certifying the compliance of a person with the professional (vocational) qualification description in the result of final attestation, which is granted upon relevant document; (17.2) “national framework of qualifications” — the integrity of descriptions of qualification degrees of professional (vocational) education, which includes generalised 5 descriptions of outcomes of instruction in each level of studies, and those of knowledge, skills and abilities required for professional (vocational) activities; (18) “state accreditation” — recognition by the State of compliance of the quality of preparation of specialists with state educational standards; (181) “craftsman” — a qualification degree of primary vocational (handicraft) education, which is granted to persons having passed state final attestation in accordance with primary vocational (handicraft) education programme and (or) qualification procedure; (19) “specialist” — a qualification degree of secondary vocational education, which is granted to persons having passed final attestation in accordance with secondary vocational education programme; (20) “Bachelor’s degree” — a qualification degree of higher professional education, which is granted to persons with secondary education having passed attestation in accordance with at least four-year higher professional education programmes (in case of police or military professions — in accordance with at least three-year programmes on the basis of police or military secondary vocational education); (21) “degree of a certified specialist” — a qualification degree of higher professional education, which is granted to persons with secondary education or vocational education upon attestation results of at least five-year higher professional education programme; (22) “Master’s degree” — a qualification degree of higher professional education, which is granted to persons with Bachelor’s degree or degree of a certified specialist, upon attestation results of at least one-year higher professional education programme; (23) “researcher” — a qualification degree of post-graduate professional education, which is granted to persons with Master’s degree or degree of a certified specialist, upon attestation results of at least three-year post-graduate professional education programme of doctoral studies (aspirantura); 6 (24) “intern” — a qualification degree of higher medical education, which is granted to persons having completed higher medical education programmes and at least one-year post graduate studies; (25) “residency medical practitioner” — a higher professional qualification degree which is granted to persons with higher medical education upon attestation results of one to five-year post-graduate professional education programme; (26) “external studies” — a form of education provided in the form of self-education and final attestation of knowledge and abilities at an educational institution. (Article 3 amended by HO-209 of 26 July 2001, HO-237 of 9 October 2001, supplemented, amended and edited by HO-58-N of 1 December 2003, amended by HO-63-N of 14 December 2004, supplemented by HO-137-N of 25 May 2005, edited and amended by HO-165-N of 8 July 2005, amended, edited by HO-161-N of 10 July 2009, supplemented by HO-20-N of 4 February 2010, edited by HO-153-N of 28 October 2010, supplemented by HO-99-N of 30 September 2013, edited and amended by HO-17-N of 19 May 2014, supplemented, edited and amended by HO- 83-N of 21 June 2014) Article 4. State policy in the field of education 1. The Republic of Armenia shall proclaim and guarantee the progressive development of the field of education as a key factor of strengthening the statehood. 2. The national school shall be considered as the base for state policy in the field of education, the main purpose whereof is the formation of a person with appropriate professional (vocational) proficiency, having been comprehensively developed and upbrought in the spirit of patriotism, statehood, and humanism. 3. The education system of the Republic of Armenia shall be aimed at reinforcing the spiritual and intellectual potential of the Armenian people, preserving and developing national and universal values. The Armenian Church shall contribute thereto as well. 7 4. The State Programme for Educational Development shall be considered as the organisational base for state policy in the field of education, which shall be approved by the National Assembly of the Republic of Armenia as proposed by the Government of the Republic of Armenia. 5. The State shall ensure the maintenance and development of the field of education through targeted budgetary financing, the extent of which shall be determined in accordance with the State Programme for Educational Development. Article 5. Principles of state policy in the field of education Principles of state policy in the field of education shall be as follows: (1) the humanitarian nature of education, priority of universal values, human life and health, free and comprehensive development of an individual, fostering of civil consciousness, national dignity, patriotism, legality and environmental world outlook; (2) accessibility, continuity, successive nature of education and its compliance with the level of development, characteristics and level of proficiency of learners by ensuring the state mandatory minimum; (3) ensuring the principles of democracy in the field of education; (4) integration into international education system; (5) supporting the educational activities aimed at preserving the Armenian identity in the Diaspora; (6) secular nature of education at educational institutions; (7) reasonable autonomy of educational institutions; (8) guaranteeing opportunities to receive education by citizens in state and non-state education institutions; (9) ensuring equal status of educational institutions and the graduation documents issued thereby. (Article 5 edited by HO-63-N of 14 December 2004) 8 Article 6. State guarantees for the right to education 1. The Republic of Armenia shall ensure the right to education, irrespective of national origin, race, gender, language, religion, political or other opinion, social origin, property status or other circumstances. Restrictions on the right to professional (vocational) education shall be provided for by law. 2. The State shall ensure the right to education through regular operation of education system and creation of social and economic conditions for receiving education. 2.1. The State shall, in cooperation with social partners, ensure the development of professional (vocational) education and the system of instruction in accordance with the needs of labour market, as well as shall guarantee the proportionate operation of formal, non-formal and informal education system and recognition of the outcomes thereof. 3. The State shall ensure for the citizens of the Republic of Armenia free of charge general secondary education, as well as free of charge primary vocational (handicraft), secondary vocational, higher and post-graduate professional education,on a competitive basis, at state education institutions. Citizens of the Republic of Armenia holding dual citizenship shall, upon their choice, be admitted to primary vocational (handicraft), secondary vocational and higher education institutions under the procedure established by the Government of the Republic of Armenia for the citizens of the Republic of Armenia or foreigners. Application of an amount of tuition fee with respect to citizens of Armenian origin learning, studying under fee-paid system of educational institutions, those registered and residing in the Nagorno-Karabakh Republic and Samtskhe-Javakheti and Qvemo Qartli regions of Georgia, which is higher than that prescribed for the citizens of the Republic of Armenia learning under similar conditions of the educational institution concerned, shall be prohibited. Free of charge higher and post-graduate professional education may, on a competitive basis, be provided in non-state higher education institutions with educational programmes accredited as of professions, with full refund of tuition fees by the State in the form of student benefits. 9 The State shall, in respect of the citizens of the Republic of Armenia kept on records and permanently residing for the last eight years in borderline, as well as highland settlements, guarantee free of charge primary vocational (handicraft), secondary vocational and higher professional education, on a competitive basis, in state education institutions. In this case, the admission on a competitive basis shall be carried out under the procedure separated from general competition, which shall be established by the Government of the Republic of Armenia only for citizens of borderline, as well as highland settlements. 4. The State shall, at the expense of the State Budget, provide pupils of first to fourth years of state schools of general education with free of charge textbooks provided for by elementary general education programmes. 5. The State shall support learners — having demonstrated exceptional abilities — in receiving education of respective level, as prescribed by the Government of the Republic of Armenia. 6. The State shall create necessary conditions for the purpose of receiving education in line with the peculiarities of development of citizens in need of special conditions for education and for ensuring social adaptation. 7. The State shall promote the participation of the Armenian Diaspora in education activities. (Article 6 amended by HO-107 of 20 November 2000, supplemented by HO-471-N of 11 December 2002, edited by HO-137-N of 25 May 2005, amended by HO-165-N of 8 July 2005, supplemented by HO-111-N of 23 June 2010, HO-188-N of 7 October 2009, HO-153-N of 28 October 2010, HO-50-N of 8 February 2011, amended by HO-37-N of 30 April 2013, supplemented by HO-83-N of 21 June 2014, edited by HO-201-N of 1 December 2014) 10
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