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Unofficial translation by A.N. Zhiltsov

Approved by the Regulation of the President of the Russian Federation of 17 March 1995 No 131 - rp

THE CHARTER

of the Russian School for Private Law

1. The Russian School for Private Law (hereinafter - the School) is a federal higher-education institution, which is to realize the educational part of the programme "The formation and the development of private law in Russia", approved by the Decree of the President of the Russian Federation No 1473 of 7 July 1994.

2. The legal basis for the activities of the School are the Constitution of the Russian Federation and federal laws, decrees and regulations of the President of the Russian Federation, decrees and regulations of the Government of the Russian Federation as well as the present Charter.

3. The School is a legal person, has its own balance, the official form and seal. The School is attached to the Research Centre for Private Law.

4. The School has the following objectives:

- training of highly qualified lawyers specialized in private law;

- scientific research in the field of private law;

- the spreading of knowledge in the area of private law and the formation of modern legal culture on the basis of Russian as well as foreign civil-law schools;

- scientific and methodological assistance to education of specialists in private law in the Russian Federation;

- international cooperation in the field of private law;

5. According to these objectives, the School shall exercise its activities along the following directions:

- elaboration, adoption and realization of the programme of a higher postgraduate legal education, ensuring the education of highly qualified lawyers with a Master's degree in private law;

- elaboration and realization of other programmes of higher and postgraduate legal education in specialized areas of private law (specialization);

- training of scientific and scientific/pedagogical personnel in postgraduate courses;

- theoretical research, drafting of legislative texts as well as other scientific activities in the field of private law, preparation and publication of textbooks, scientific and other works on private law;

- coordination of educational programmes in private law in the Russian Federation;

- organization and realization of educational and scientific cooperation, the conduct of research and realization of other projects in cooperation with international organizations and foreign institutions, education of specialists in the field of private law for foreign countries.

The School is entitled to be engaged in other activities, including commercial ones, in accordance with the legislation of the Russian Federation and the objectives of the School provided for in the present Charter.

6. The basis for the educational activities of the School in training the holders of a Master's degree in private law is an educational programme for the training of Masters in private law, which is to be approved in accordance with the present Charter.

Upon fulfilment of all the requirements of the educational programme of the School its graduates will be receiving a State diploma awarding a Master's degree.

Other educational activities that meet the objectives of the School accompanied by the issuance of the respective documents certifying the achieved level of education shall be conducted by the School in accordance with the legislation of the Russian Federation on education.

7. The School shall provide education of the holders of a Master's degree in private law as well as education under other programmes and educational plans of a higher and postgraduate legal education which are to be independently elaborated, approved and implemented by the School in accordance with the present Charter.

The educational programme for the preparation of the holders of a Master's degree in private law shall be determined by the School in accordance with the requirements set forth for the respective specialization and the level of education, which are to be approved by the Research Centre for Private Law.

8. The citizens of the Russian Federation, foreign citizens as well as persons without citizenship shall possess the right to be admitted to the School.

Persons aiming at the awarding of a Master's degree should have a higher legal education.

9. The number of students admitted to the School as well as the structure of admittance shall be determined on the basis of standards set forth in the educational part of the programme "The formation and the development of private law in Russia" and approved by the Research Centre for Private Law.

10. The education in the School may have the form of (full-time tuition, "night studies", tuition by correspondence, external studies), the term of the studies to be determined in the educational programmes of the School.

11. The studies in the School shall be conducted in Russian as well as in other languages provided for by the educational programmes and the curricula of the School.

12. The volume of educational assignments for the students shall be determined by the School in its educational plans within the limits set out in the State standard of higher professional education.

13. The students of the School selected on the basis of competition will receive free education under the programme of a Master in private law. The School may be also offering courses leading to other standards of higher legal education, but within the limits of financing assigned for these purposes from the budget and other sources.

The School may be also offering commercial educational courses under the respective educational programme.

14. The rules and structure of admission to the School, the number of those admitted as well as educational plans shall be approved by the rector on the basis of the respective educational programmes and other requirements, provided for in the present Charter.

Heads of branches and faculties of the School shall be entitled, on the basis of a decision of the scientific council of the branch (faculty), to change the educational courses, disciplines and types of lessons, provided for by the educational plans, as well as to specify the number of those admitted, the terms and manner of admittance within the limits determined in the respective educational programme and the present Charter.

15. The School, with participation of its professors and teachers, scientific personnel, postgraduate researchers and students, shall conduct research in areas related to the theory and practice of the formation and evolution of private law, as well as other scientific research.

Scientific research projects with students' participation which are included in the scientific plans are the constituent part of the educational process and shall be taken into account when determining the volume of students' educational assignments and the volume of pedagogical assignments of teachers as well as in the process of their attestation.

16. The students of the School which have fulfilled all the requirements of the educational plan shall be admitted to the final attestation. The results of the final attestation shall determine whether or not a particular student is entitled to a diploma confirming the achieved level of education and specialization.

17. The final attestation under the Master's programme presupposes the defence by the graduate of his thesis (project) leading to the awarding of a Master's degree in private law.

The final attestation under this programme is conducted by the commission, appointed by the Scientific council of the School. The graduates which have successfully passed the final attestation shall receive the diploma of a Master in private law.

The thesis (project) for a Master's degree in private law may be recommended in the due manner for a defence as a thesis for a Candidate degree, and in special cases - as a thesis for a Doctor's degree. The successful defence of such a thesis shall confirm the passage by the graduate through the final attestation of the Master's programme and should be the basis for such a person being granted the Diploma of a Master in private law.

The graduates of the School shall be granted a Diploma of a Master in private law in solemn atmosphere and with participation of the representatives of the Federal governmental bodies.

18. The School shall have the following steering bodies: the Scientific council, the rector and the rectorate.

19. The functions of the Scientific council of the School shall be performed by the Council of the Private Law Research Centre. The rector of the School is a member of the Council of the Private Law Research Centre and at the same time its deputy Chairman.

The Council of the Private Law Research Centre may establish the Scientific council of the School as one of its units which shall be headed by the rector.

The Scientific council shall have the following competence:

approval of educational programmes for the course leading to the awarding of a Master's degree as well as other programmes of higher legal education in the field of private law.

election (re-election) of the rector as well as his removal from the office;

introduction of amendments to the present Charter;

making decisions on creation, reorganization and liquidation of branches, faculties and chairs of the School;

consideration of the rector's reports and making decisions thereupon;

consideration of issues concerning the reorganization and liquidation of the School;

consideration and making decisions upon other issues submitted by the rector and concerning the functioning of the School in accordance with the present Charter.

20. The rector of the School shall be elected by the Scientific council of the School for the period of five years.

The rector acts on behalf of the School without any power of attorney.

The rector shall:

fill in the vacancies in the School and deal with issues of dismissal;

determine the student's grants, the salaries of professors, teachers and other stuff members of the School;

determine an estimate of the School's expenditures;

solve other issues concerning the activities of the School with an exception of those which are in the exclusive competence of the Scientific council of the School according to the present Charter.

Orders and regulations of the rector made within the limits of his competence shall be binding upon all the staff members and students of the School.

The rector may pass some of his powers to deputy rectors as well as to heads of branches, faculties and other units of the School as soon as these powers concern the sphere of activities of the respective unit.

21. The Rectorate of the School shall consist of the rector, deputy rectors, heads of branches and faculties as well as other senior staff members to be determined by the rector. The rectorate is a consultative body and makes decisions which are implemented by means of orders and regulations of the rector.

22. The School shall have two branches: the Moscow branch and the Urals branch (Ekaterinburg), which shall be engaged in educational and other activities in accordance with the present Charter.

The School may have other branches as well as faculties, chairs, postgraduate courses, doctorate courses, preparatory courses, units for the additional legal education and other separate units, which shall function according to the respective regulations on these units to be approved by the School.

The establishment of new separate units of the School enjoying the status of its branches shall be accompanied by the respective amendments to the present Charter which shall be made pursuant to the decision of the Scientific council of the School.

23. Each branch or faculty of the School engaged in the programmes for the higher legal education shall have its scientific council.

The Council of the Urals branch of the Private Law Research Centre shall perform the functions of the scientific council of the School's Urals branch.

The functions of the scientific council of the School's Moscow branch shall be performed by the Scientific council of the School unless the latter determines another composition of the scientific council of the Moscow branch.

The scientific council of the branch or faculty shall: decide upon educational and methodological as well as scientific aspects of the branch's (faculty's) activities; consider issues of filling in the positions of the professors/teachers of the branch (faculty), approve proposals concerning the subject matter of the educational programmes and scientific plans for the higher legal education, consider issues regarding the termination of the branch's (faculty's) activities and the introduction of amendments in the regulations on the respective unit as well as consider other matters which are in its competence according to the present Charter and the regulations on the branch (faculty).

24. The branch or the faculty of the School shall be headed by (the prorector of the branch, the dean) to be appointed by the rector pursuant to the decision of the Scientific council of the School.

The head of the branch (faculty) shall make orders on matters related to the functioning of the branch (faculty) which are in his competence pursuant to the present Charter, regulations on the branch (faculty) and the power of attorney issued by the School.

25. A student of the School is a person admitted to the studies by the order of the rector or by the order of the head of the respective branch (faculty). A student shall receive a student's identification card and record book.

26. Students of the School are obliged to comply with the requirements of the present Charter and observe the internal rules of the School.

27. A student which has achieved excellent results in the course of studies and research may receive a special record of encouragement, be awarded with a special grant, premium, receive the title of the winner of the respective contest. The School, its branches and faculties may use other means of moral and financial encouragement.

28. Students and postgraduate students under the full-time tuition programmes shall be supported by a state grant, the assignment and the amount of which is to be determined by the School. Those students and postgraduate students which are admitted through the competition to the non-commercial educational programmes shall receive a state grant irrespective of whether or not they also receive special grants and grants awarded to them by the enterprises, institutions and organizations.

29. Students which do not fulfil educational assignments, do not comply with the requirements of the present Charter or do not observe the internal rules of the School shall be notified to that effect, reprimanded or strictly reprimanded.

A systematic violation of the discipline and a poor academic progress of a student may lead to such a student being dismissed from the School by the order of the rector or the head of the branch (faculty). An order of dismissal may be appealed against by the student to the Scientific Council of the School or the scientific council of the branch (faculty) respectively.

30. The teachers of the School will be the leading specialists and scientists in the field of private law and other fields of specialization provided for in the scientific plan. These positions shall be filled in on the contractual basis.

Contracts for the position of a teacher shall be concluded on the basis of a discipline being ascribed to the name of the specialist in the educational plan (according to the types of courses), the development by the candidate of a programme and methods of the course (made to order of the School), the participation of the specialist in the programme "The formation and the development of private law in Russia", and the successful passage by the candidate of the competition according to the rules established by the Scientific council of the School and the scientific council of the branch (faculty).

31. The volume of pedagogical assignments to the teachers and professors of the School, which includes the time necessary for the methodological preparation of lectures, other classes and individual work with students, shall be determined by the branches, faculties and chairs of the School within the limits provided for in the contracts.

32. The salary of teachers and professors as well as other staff members of the School shall be determined according to the terms of contracts concluded with them and in any case shall not be less than the minimal salary established for employees in the field of higher education.

33. Each ten years of uninterrupted teaching shall entitle the teachers of the School to a long-term vacation for a period of up to one year (the average salary preserved) which shall be granted by the order of the rector.

34. The teachers and other staff members of the School independently determine the methods and means of educational process, of conducting research and publishing its results. In determining and publishing their methodological and scientific solutions the teachers and other staff members are not bound by the opinion of other teachers and staff members of the School, administrative bodies of the School, State bodies and public officials.

35. The School makes use of buildings, accommodation, equipment, results of intellectual activities, income resulting from its activities, budgetary and other financial means as well as any other property assigned to it on the conditions and according to the rules provided for in the legislation on institutions for higher education.

36. Subject to the provisions of the present Charter the School shall independently determine the purposes of its financial expenditures, decide upon the amount of grants to be awarded to students and postgraduate students, establish forms, methods and amounts of remunerating and financially stimulating its staff members.

37. The School may be reorganized and liquidated following the decision of its founder as well as in other cases provided for in the Russian legislation.

The property of the School that remains upon its liquidation and meeting of all the claims of its creditors shall be used according to the will of the owner of such property.

The School shall be situated in Moscow.



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