4. Are schools allowed to have commercial activities, and if affirmative, under what conditions?
The RF Law “On Education” determines that the educational institution is a legal entity. And according to the norms of civil law, it may be a party of economic transactions, i.e., to run business within the limits prescribed by the Civil Code of Russian Federation and other Federal Laws.
These limits are listed in Article 47 of the Law “On Education”:
Educational institutions may engage in business activities only stated in the Law. There are only a few activities from the entire spectrum of civil transactions: the transfer of property rights (lease), commercial representation (commission, agency), purchase and sale (in the form of retail sale), participating in particular partnership. However, here should be added other profitable secondary operations not associated directly with the production and selling of goods, works and services that are mentioned in the statute. This significantly extends the range of possible types of business activity.
Educational institution may only engage in the type of business activity specifically stated in its charter. By this fact educational institutions significantly differ from other legal entities that have the right to carry out any activity not prohibited by the Federal Laws, unless it contradicts the object and purpose of the activities, stated in the Charter of legal entity.
Educational institution is eligible to participate in the establishment of any commercial and non-profit organizations as a founder, shareholder, partner or co-investor (sharer).
Along with the general (educational) activities, state or municipal educational institution may also provide additional paid services:
* Supplementary education programs;
* Special courses and cycles of disciplines;
* Tutoring;
* Advanced study;
* Other services not stated in appropriate educational programs and state educational standards.
These services can not replace the general educational activities funded from the respective budgets. Otherwise, the money earned through such activities, shall be withdrawn by the founder (by state and / or municipal authorities) to its budget.
In addition, the founder or local government has a right to suspend business activity of educational institutions up to the court decision on this matter, as a lever that could restrain educational institutions managers’ enterprise, if it causes damage to the educational activities determined by the statute.