Generally, educational activity in Ukraine is subject of licensing, which means it is
not so easy to start a private school or kindergarten. However, is it always necessary to get a
license?
To open a private institution for starters, you need to choose the form of doing
business. As you know, a person individually as an entrepreneur or a legal entity can carry
out entrepreneurial activity in Ukraine. Each of these forms has advantages and
disadvantages.
Among the advantages of the activity without a legal entity is the simplicity in
registration and accounting of further activities. The disadvantage is the full responsibility
of an individual by all of his property.
Registration of a legal entity is more complicated, it requires the development of a
charter, authorized capital, as well as a manager and payment of wages to him. The most
common forms in Ukraine are a limited liability company and a private enterprise, which
can be created by either one or several persons. The advantage of such legal form is that the
founder is not liable for the obligations of the legal entity, and the legal entity is not liable
for the obligations of the founder.
Educational activity can be carried out in any of these forms, the Ukrainian
legislation does not contain restrictions, and therefore the choice is entirely yours. If you
want to hold separate courses or seminars without an educational institution – you can
choose an individual entrepreneur as a simpler form.
Educational institution is always a legal entity.
Ukrainian legislation requires obtaining a license for educational activities. At the
same time, the analysis of the law on licensing shows that it is necessary to get a license
only for "educational institutions".
The procedure for obtaining a license, as well as the requirements for educational
institutions, is determined by licensing conditions for each level of education.
The form of a license application is approved by the regulatory. In addition, you
need to file some documents, according to the list. The main documents are copies of the
statutory documents, documents confirming the right to use the building for at least three
years, the compliance with sanitation and fire safety standards, information about the
material and technical support of the institution and the level of education and qualifications
of the manager and staff.
Ministry of Education, as well as regional state administrations issue licenses. The
license fee is made after the publication of the decision on its issuance within ten working
days.
The most interesting fact is that you do not need to get the license if you conduct
some courses or seminars as an individual entrepreneur. In according with Ukrainian
legislation only educational activities, conducting by “institutions”, requires licensing.
The possibility of educational activity without obtaining a license exists also in other
case – when an institution does not issue the document on training in the order established
by the law.
The conclusion is that for business entities, whose activities do not have a complete
cycle of training and do not issue a document on extracurricular education, there is no need
to obtain a license.
Finally, even if you issue a diploma, the Ukrainian legislation does not contain the
order for conducting extracurricular educational activities, so you can conduct this type of
business without any license.
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