On May 31, the Eleventh Arbitration Court of Appeal upheld the decision of the first instance court, which satisfied the statement of the Private Institution of an Educational Organization (CHUOO) on March 10 higher education(VO) "Medical University" Reaviz "(Reaviz) to the Territorial body of Roszdravnadzor in the Samara region. on declaring illegal a non-normative act. Until March 10, Rosobrnadzor confirmed to the Regional Analytical Weekly (OAU) Chronograph the information that Reaviz had by that time been deprived of state accreditation. The reason was that the university did not eliminate the identified inconsistencies in its educational programs federal state educational standards.

To the Arbitration Court of the Samara Region. On December 20, 2016, a statement was received from Reaviz, which contained a request to declare illegal the actions of the Territorial Body of Roszdravnadzor in the Samara Region. Namely, the issuance of an order based on the results of an audit conducted on December 7, 2016. On March 1, the arbitration court began to consider the case on the merits, and already on March 10, it fully satisfied the requirements of Reaviz. Before considering the case, the representatives of the university tried through the court to achieve the imposition of interim measures on the action of the order, but to no avail.

In response to the head of Roszdravnadzor in the Samara region. Alexandra Antimonova it is written: “In the course of an unscheduled documentary inspection of the ChUOO VO“ Reaviz ”on the basis of an appeal received from a citizen of the Federal Service for Surveillance in Healthcare of the Samara Region. gross violations of licensing requirements were revealed, namely, a violation of the procedure for providing medical care on the profile of "pediatric surgery" in the provision of medical care to a child by a specialist doctor who does not have the appropriate training. " But this is not the only violation committed by the medical school.

On December 16, 2016, Rosobrnadzor disseminated information about educational organizations that are completely deprived of state accreditation. The list contains ChUOO VO "Medical University" Reaviz ". After some time on the official website educational institution the following information appeared: “On the Rosobrnadzor website on the Internet in the“ News ”section on December 16, 2016, information appeared about the deprivation of Medical University"Reaviz" of state accreditation. The University did not receive an official notification about the revocation of its state accreditation. In addition, no inspections by the Federal Service for Supervision of Education and Science Russian Federation in respect of the Medical University "Reaviz" in 2016 was not carried out. " Also in the message signed by the rector of the university Nikolay Lysov it is stated: "In order to quickly protect the legal rights of the University and our students, a complaint will soon be sent to the General Prosecutor's Office about the illegal actions of Rosobrnadzor and a new statement of claim to the court."

The Federal Service for the Supervision of Education and Science (Rosobrnadzor), in order to inform students, informs about organizations engaged in educational activities, to which the following measures were applied in the period from December 02 to December 15, 2016 based on the results of the inspections carried out.

Based on the results of the conducted checks of the information contained in the notification of the elimination by the organization carrying out educational activities of the revealed non-compliance by Rosobrnadzor, including with the participation of the Accreditation Commission, the following were completely deprived of state accreditation:

1. Almetyevsk branch of the private educational institution of higher education "Kazan innovative university named after VG Timiryasov (IEUP) ";

2. Volgograd branch of AOCHU VO “Moscow Financial and Law University MFLA”;

3. Orsk branch of AOCHU VO “Moscow Financial and Law University MFYA”;

4. branch of the Federal State Budgetary Educational Institution of Higher Education "St. Petersburg State the University of Economics"In the city of Kizlyar;

5. branch of the Federal State Budgetary Educational Institution of Higher Education "St. Petersburg State Economic University" in Veliky Novgorod;

6. ChUOO VO "Medical University" Reaviz ".

Rosobrnadzor prohibited admission to:

1. Branch of OANO VO "Moscow Psychological and Social University" in Elektrostal;

2. Private educational institution of higher education "St. Petersburg Institute of Economics, Culture and Business Administration";

3. VO "International Humanitarian and Technical Academy";

4. Private educational institution of higher education "Ural Humanitarian Institute";

5. ChU VO "Economic and Legal Institute";

6. OANO VO "Moscow Psychological and Social University", Murom;

7. Private educational institution of higher education "St. Petersburg Institute of Hospitality".

Rosobrnadzor suspended the license for educational activities:

1. NIGHT VPO "Lipetsk Institute of Management".

For reference:

The license for the right to conduct educational activities is issued to the university by Rosobrnadzor and confirms its right to provide services for the implementation of educational programs. In case of its cancellation, the university is obliged to stop educational activities.

The presence of a certificate of state accreditation at the university confirms the conformity of the activities of the higher educational institution federal state educational standards. In case of suspension or revocation of the state accreditation, the university can still conduct educational activities and issue documents of its own type. At the same time, the university cannot issue diplomas of the standard established by the Ministry of Education and Science of Russia and guarantee students a deferment from military service in the RF Armed Forces on conscription.

In case of suspension or revocation of a license, as well as suspension or deprivation of an educational organization of state accreditation, the founder of the university is obliged to ensure the transfer of students, with their written consent, to other higher educational institutions for state-accredited programs in similar areas of training, while maintaining all conditions of study (forms and courses , as well as the cost of training).

Suspension of state accreditation applies to all structural units and branches of the educational institution. Admission to an educational organization is prohibited in case of failure to comply with the instructions of Rosobrnadzor.

The ban on the admission of students does not impose other restrictions on the educational activities of the university. For violation of the rights of students provided for by the legislation on education, including the right to translation in case of suspension of state accreditation, the educational organization is liable in accordance with the procedure established by the legislation of the Russian Federation.

Samara non-state medical university "Reaviz" reached the home stretch in a conflict with Rosobrnadzor that lasted for three years. More than a dozen thematic claims were considered in various courts, including the Supreme Court, and Reaviz was able to challenge the original order from 2016, which deprived him of accreditation. However, Rosobrnadzor continues to defend the validity of its other claims drawn up by various orders - now in the appellate instance of the Arbitration Court. While this litigation lasts, more than 3 thousand students of "Reaviz" cannot be sure that they will receive a state-recognized medical diploma. Vademecum figured out what happened.

PRIVATE PARTY

"Reaviz" appeared in 1993 as a private alternative to the Samara State Medical University (Samara State Medical University) and at the same time as its continuation. Reaviz was founded by people who at that time headed the Samara State Medical University - rector Alexander Krasnov, vice-rector for educational and educational work Gennady Kotelnikov and Professor Irina Balmasova. They decided to take this step because of financial problems in state medical education.

“The purpose of the Reaviz Medical Institute was not just to develop non-state health care,” said Gennady Gridasov, Minister of Health of the Region, in an interview with Samara Destiny in 2013. “We were also faced with the task of preserving the pedagogical potential that was then at the Samara State Medical University, and this could be done through the involvement of a non-state medical institution”.

Therefore, the teachers at the two universities were common, which allowed employees state university receive additional income.

In 2003, another native of the Samara State Medical University, the head of the department at the Clinic of Hospital Surgery of the university, Nikolai Lysov, joined Reaviz. A year later, he entered the ownership structure of the university, and five years later he became its rector. At first he got 10% of Reaviz. Together with him, according to SPARK-Interfax, the founders were the current Minister of Health of the Samara Region Gennady Gridasov (10%), Samara State Medical University (20%) and a certain Oleg Alekseev (60%). Now, as follows from the documents published on the website of the university, the founder of the university is Reaviz Management Company LLC, 100% of which belongs to Nikolai Lysov.

Having legally detached itself from SamSMU, "Reaviz" began to look for its market niche. The cost of training in "Reaviz" for full-time in the directions "General Medicine" and "Pharmacy" in the first year is 135 and 110 thousand rubles a year, respectively, while in SamSMU - 143 thousand rubles. Naturally, those who could not enroll in paid education at SamSMU or cannot afford the rates state university, do not give up the opportunity to try your luck on entrance exams in "Reaviz".

This trend and the managerial activity of Nikolai Lysov made it possible to transform the university into full-fledged business... The only private medical school was also the first network project. Branches of "Reaviz" appeared in St. Petersburg, Saratov and Moscow, as well as in Bulgaria and Transnistria. According to SPARK-Interfax, in 2016 Reaviz declared revenue of 755.9 million rubles and showed a net profit of 47.5 million rubles.

Parallel to educational activities"Reaviz" took up the medical business: in 2011 it opened a polyclinic, three years later - a dental clinic and an emergency room, pharmacies. The last large-scale project "Reaviz" presented in April 2016 - a multidisciplinary clinic with a hospital. “Constant, continuous development is a tradition of the Reaviz Medical University,” rector Nikolai Lysov said at the opening ceremony. The solemn mood of those present was darkened by only one thing - shortly before that, in December 2015, Rosobrnadzor suspended the state accreditation of Reaviz.

PRIDE AND SECURITY

In 2015, Rosobrnadzor conducted a series of unscheduled inspections of all Russian branches"Reaviza". From 22 to 27 November inspectors and experts worked at the head office of the university in Samara. And here the department found violations in terms of the "quality of education." The inspectors pointed out the absence of some clauses in the contracts for the provision of paid educational services... For example, on the right of a student to compensate for damage from improper performance of educational services or, on the contrary, on the right of a university to expel a student for lack of payment or unfair performance curriculum... There were also shortcomings in the conducted admissions campaign- the university, according to Rosobrnadzor, illegally retained the right to extend the terms entrance examinations, and additional points to prospective students were awarded according to an opaque system.

Soon Rosobrnadzor suspended Reaviz's accreditation. Lysov in the VKontakte group of the university called this measure illegal. According to him, the employees of the service and experts exerted psychological pressure on the students and “misled the head of Rosobrnadzor,” who signed the order. The instructions issued by Rosobrnadzor, as the service found, did not comply with the university, and in February 2016 it was completely deprived of state accreditation. By this time, the conflict had already moved to the judicial plane.

At first, the representatives of "Reaviz" appealed the order to revoke the state accreditation in the Meshchansky court of the city of Moscow, referring to the violations committed during the inspection of Rosobrnadzor. In particular, the plaintiff insisted, the terms of the audit were violated, and its results were not submitted against the signature of the Reaviz rector. The court decided to take interim measures during the consideration of the claim, so for some time the university returned accreditation, which means it could issue state diplomas to graduates.

At the same time, Reaviz was able to win the administrative cases initiated by Rosobrnadzor following an audit in the Magistrates' Court of the Leninsky District of Samara, both processes on formal grounds. For the first time, the lawyers of "Reaviz" managed to prove that the violations discovered during the examination of the university website could not become grounds for an unscheduled inspection of the university itself. In the second case, representatives of Rosobrnadzor did not provide the Samara court with evidence of the violations listed in the order.

And on April 14, 2016, "Reaviz" in the Meshchansky Court of Moscow achieved the cancellation of Rosobrnadzor's orders to terminate state accreditation - also due to violations in the inspection procedure. However, the supervisory authority filed an appeal, and on November 22, 2016, the Moscow City Court upheld it, sending the case to arbitration.

Then Rosobrnadzdor took advantage of the decision of the Moscow City Court and issued a new order No. 2106 dated December 14, 2016, which annulled the February order on the restoration of state accreditation due to interim measures. Right before the new year 2017, Reaviz again lost its accreditation and got into the thematic register on the Rosobrnadzor website. Appeal this decision to The Supreme Court in August 2017, the university failed.

In February 2017, Reaviz made another attempt to restore its status. He filed a lawsuit with the Moscow Arbitration Court to cancel the order based on the results of that ill-fated unscheduled inspection of Rosobrnadzor. The plaintiff also demanded that interim measures be taken in order to obtain accreditation at least temporarily again.

The process dragged on - only on October 20, 2017, the court refused the university. Then "Reaviz" filed an appeal, which unexpectedly ended in success - on December 18, 2017, the Ninth Arbitration Court of Appeal declared the Rosobrnadzor order illegal. The court caught the service in vague wording regarding the sufficiency of the "quality of education" and decided to restore the state accreditation of the university retroactively, that is, from February 8, 2016. Rosobrnadzor lost the appeal.

Soon "Reaviz" filed a new lawsuit with the Moscow Administration - this time demanding that all disputed orders of the department be declared illegal. On March 2, 2018, the Arbitration Court satisfied the requirements of the university. However, the position of the university is still shaky - Rosobrnadzor filed an appeal on April 6.

CREDIT OF TRUST

“The presence of official information on the Rosobrnadzor website about the deprivation of the university of state accreditation, despite the decision of the Ninth Arbitration Court of Appeal of the city of Moscow dated December 12, 2017, makes it impossible for graduates of 2018 to receive a state diploma and proceed to practical activities in medical organizations. However, the university hopes that the court decision will be executed by Rosobrnadzor officials before the final state certification, ”Reaviz told Vademecum.

In addition to the uncertainty with the issuance of diplomas to graduates of 2018, Reaviz still cannot conclude an agreement on paid education with persons of draft age, since only university students with state accreditation can receive a deferment from the army.

Rosobrnadzor declined to comment on the conflict with Reaviz, citing the fact that the trial had not yet ended. "Any comments related to the trial in this case are premature, as they can be regarded as pressure on the court," the ministry's press service replied.

The first vice-rector of Reaviz, Inga Prokhorenko, said that a request from the Prosecutor General's Office of the Russian Federation to restore the accreditation of the university was sent to the head of Rosobrnadzor Sergei Kravtsov “on the basis of the checks carried out”, but it was not executed. "The leadership of Rosobrnadzor ignores official appeals from the administration of the Samara region, which negatively affects the political situation in the region and increases social tension," she says.

According to her, the university receives “a large number of applications from students, their parents and teaching staff, the professional medical community from various regions of the Russian Federation (Moscow, St. Petersburg, Moscow, Leningrad, Samara and Saratov region) with concern and misunderstanding of the goals and objectives of the administrative closure of an educational organization that has been operating for about a quarter of a century. "

“But in general, our students are sympathetic to the ongoing processes. Moreover, the university administration informs in great detail about the results of court cases, ”says Prokhorenko. Indeed, YouTube has two videotapes meetings of students with the participation of the administration, at which they are convinced that the university still has all the advantages of a university with state accreditation, and court decisions are demonstrated.

However, not everyone was convinced. In the first half of 2017, two Reaviz students, Semenyuk and Chernin, filed lawsuits against the university with the Samara civil courts demanding to issue a state diploma, compensate for moral damage and, finally, take interim measures for the duration of the trial, that is, suspend the orders Rosobrnadzdor. The court took interim measures, which made it possible to issue diplomas. The processes themselves ended in an amicable agreement.

Reaviz says that legal problems did not have a significant impact on the dynamics of admission to applicants in 2017. In 2016, Reaviz transferred all students to correspondence form full-time training, as required by the updated federal educational standards. So, according to the monitoring of Rosobrnadzor, the number of students has grown - up to 3,455 people against 2,890 in 2015. But in 2017, it still decreased slightly to 3,195 people.

Against the backdrop of litigation, the foreign divisions of the university had to stop their work.

“Direct losses from the illegal activities of Rosobrnadzor, also confirmed by the decisions of the Samara Arbitration Court and the Oktyabrsky District Court of the city of Samara, amounted to more than 100 thousand rubles. Other material and reputational losses have yet to be assessed by experts, ”said Inga Prokhorenko.

In addition to the conflict with Rosobrnadzor, in 2018 Reaviz will have to deal with the claims of other supervisory authorities. So far, the university has successfully challenged in the Arbitration Court of the Samara Region the order of Roszdravnadzor issued on September 6, 2017 regarding defects in the provision of medical care. Another claim on March 1 to the university was filed by the Ministry of Property Management of the Samara Region. The materials of this case have not yet been published.

Medical universities have a higher load on the part of the inspection bodies, since they are subject to regulations regulating the activities of not only medical, but also educational organizations, says Alexey Alekseev, managing partner and head of the analytical department at Med-YurConsult.

“The administration of the university eliminated the existing violations within the allotted time. At the same time, attention is drawn to the expansion of the violations found [on the part of Rosobrnadzor - Vademecum], after the submission of an act of elimination, which is not a generally accepted practice, - he says. “If there are violations of the established procedure for conducting inspections, it is quite possible to challenge their results, although it is extremely time-consuming, costly and nerves for employees of a medical and educational institution.”

Reaviz, kotelnikov, Samara Region, gridasov, rosobrnadzor, accreditation

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