18/02/2022
ELIGIBILITY OF ADS VERIFICATION OF IMPLEMENTATION OF LICENSE REQUIREMENTS BY MEDICAL HIGHER EDUCATION INSTITUTIONS OF THE KR
Checking ADS fulfillment of licensing requirements by medical universitiesThe KR is not eligible for the following reasons:
No 1.The main regulatory legal act “Temporary Regulations on the Procedure for Licensing Educational Activities in the Kyrgyz Republic”, Chapter 1, Clause 1, states: body in the field of education (hereinafter referred to as the authorized body). No one else, including ADF, has the right to consider licensing issues.
2. Chapter 8, paragraph 36 states: “Licensing control is carried out by the authorized body” in order to verify compliance by the licensee with the licensing requirements established by the Law “On the Licensing and Permitting System in the Kyrgyz Republic” and this regulation. Licensing control is carried out by the authorized body in the form of a license check of compliance by the licensee with license requirements. Therefore, no one, except for the authorized body, has the right to exercise license control.
3. Clause 37 of Chapter 8 states: “Licensing checks are carried out in accordance with the plan approved by the authorized body.” The plan is there, but the ADS is not there.
4. The closure of individual medical schools, the planned ADS is impossible for the following reasons:
- for a single violation of licensing requirements, the authorized body applies enforcement measures in the form of a warning (paragraph 39 of the provision);
- for a double violation of licensing requirements, the authorized body applies enforcement measures in the form of a fine (paragraph 40);
- the license is suspended by the authorized body in the event of a three-time violation of license requirements by the licensee, who previously received a warning and a fine, for up to 3 months, with the termination of educational activities (clause 41).
- The license is terminated in the event of:
- official notification by the licensee of the liquidation of the legal entity;
- submission of an application by the licensee in case of voluntary termination of educational activities;
- the entry into force of the court decision on the annulment of the license (p. 42);
- if the reasons for which the authorized body suspended the license are not eliminated, the license is canceled by a court decision on the basis of consideration of the application of the authorized body (clause 45).
Thus, at first, in case of violations, a warning is given and a period of up to 3 months for the elimination of violations. If the violations are not eliminated, then a fine and a period of up to 3 months for elimination are given. If even then the violations are not eliminated, then the license is suspended for up to 3 months. Only then can you sue. Only after the decision of the court the license is cancelled.
5. The closure of certain medical universities, the planned ADS, is also impossible because only the founders can close, and not the ADS or the authorized body in accordance with the Civil Code of the Kyrgyz Republic.
