The Law On Higher Education

The Law On Higher Education

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NON OFFICIAL TRANSLATION

Adopted on December 14 2004

THE LAW OF THE REPUBLIC OF ARMENIA ON HIGHER AND POSTGRADUATE PROFESSIONAL EDUCATION

Article 1. Subject of Regulation of the Law

This Law regulates the legal, organizational, and financial relations in the sphere of the higher and postgraduate education in the Republic of Armenia.

Article 2. The Legislation on Higher and Postgraduate Professional Education

  1.  Relations in the sphere of higher and postgraduate professional education shall be regulated by the Constitution of the Republic of Armenia, the Law on Education of the Republic of Armenia, this Law and other legal acts.
  2.  If international treaties of the Republic of Armenia define norms other than those stipulated by this Law, the international treaties shall apply.

Article 3. Basic Concepts Used in This Law

Basic concepts used in this Law are as follows:

  •  Higher professional education – professional education provided at least on the grounds of secondary (full) general education upon  Bachelor’s, Diploma Specialist, Master’s programs;
  •  Higher education institution – education institution which provides educational programs of Bachelor, Master, Diploma specialist;
  •  Postgraduate professional education – professional education provided upon postgraduate’s, researcher’s, extramural student’s program on the grounds of higher professional education (Master’s, Diploma Specialist’s);
  •  Additional education – education improving professional qualities,  securing professional training, continuously supplementing person’s qualification on the grounds of professional education beyond the frames of basic educational programs;
  •  Student – a person who is enrolled in the appropriate higher education institution according to the defined procedure and receives education upon any educational program of higher professional education;
  •  Lecturer – scientific-pedagogical worker of higher professional education system who teaches theoretical, practical, professional knowledge to students, learners, and promotes their digestion;
  •  Postgraduate student – a person who has higher professional (Master’s, Diploma  Specialist’s) education, continues education upon postgraduate educational program in the postgraduate studies and prepares a thesis with the purpose of seeking a scientific degree of Candidate of Sciences who may receive a researcher qualification degree in the result of attestation upon postgraduate professional educational program;
  •  Doctoral student – a person who has a scientific degree of a Candidate of Sciences and has applied for preparing a thesis with the purpose of seeking a scientific degree of Doctor of Sciences according to the appropriate procedure;
  •  Extramural student – a person with higher professional education (Master’s or Diploma Specialist’s qualification) and prepares a thesis with the purpose of seeking a scientific degree of a Candidate of Sciences without studying in the postgraduates studies, and who is attached to a postgraduate professional education providing institution according to the defined procedure;
  •  Distance learning – a mode of systemized learning when direct and non-direct learning process between learner and lecturer is conducted mainly through informational technologies and telecommunication means;
  •  Extramural –  a mode of education provided in education institutions through self-learning and method of continuous, final assessment of knowledge and capacities;
  •  State accreditation – state recognition of compliance of qualification of HEI, educational program and  specialists with the state education standards;
  •  Self-analysis –  study of efficiency and quality of specializations, educational programs, staff and  structure of higher education institution, which, in compliance with the state education standards, implements a higher education institution;
  •  Quality assessment (attestation) – assessment of efficiency of specializations, educational programs, educational methods, staff and structure of a higher education institution;
  •  Quality assurance – on-going process of improvement and compliance of education quality with the state education standards and accreditation criteria;
  •  Academic credit (standard) – provisional unit expressed in terms of academic workload;
  •  Credit (standard) system – a system of organizing educational process through measuring, recording and transferring of academic credits of education results,  which includes teaching, practical and individual studies, consultations, preparation of synopses and other works, preparation for examinations, assessment and etc;
  •  European system of credit accumulation and transfer (ESCAT) – All-European credit system which ensures compatibility and transfer of academic credits, facilitates mobility of students in the common European space for higher education.
  •   Student benefit – compensation of student’s education fee on account of allocations from the state budget funding, higher education institution, foundations and other organizations, as well as natural persons.

Article 4. Principles of the State Policy in the Sphere of Higher and Postgraduate Professional Studies

The principles of the state policy in the sphere of higher and postgraduate professional studies are as follows:

  1.  Securing and protecting of the right of a person and citizen to receive higher and postgraduate professional education;
  2.  Availability of higher and postgraduate professional education;
  3.  Uninterrupted,  sequential and continuous process of education;
  4.  Competitiveness, transparency and publicity;
  5.  Securing compatibility of higher and postgraduate qualification degrees and recognition of diplomas of the Republic of Armenia in the European and other foreign countries;
  6.  Promoting international mobility of students;
  7.  Enhancing and developing academic freedoms and autonomy of higher education institutions;
  8.  Preparation and increase of qualification of foreign citizens with the Armenian origin (Diaspora Armenians) to develop the Armenian studies.

Article 5. Objectives of the State Policy in the Sphere of Higher and Postgraduate Professional Education

  1.  The objectives of the state policy in the sphere of higher and postgraduate professional education in the Republic of Armenia are as follows:
  2.  Higher and postgraduate education quality assurance;
  3.  Support in preparation of specialists in the prime and important spheres for the state;
  4.  Promoting development and integration of the international scientific collaboration;
  5.  Developing and increasing the competitiveness of higher and postgraduate professional education system in the international area;
  6.  Introduction of the education quality internal (inter-HEIs) and external assessment and accreditation international (European) criteria in higher and postgraduate professional education system of the Republic of Armenia;
  7.  Securing legal equality of the accredited higher education institutions, irrespective of their types of ownership.
  8.  The state shall secure the development of higher and postgraduate professional education through the following modes:
  9.  Transition to the two-degree higher education qualification system;
  10.  Improvement of postgraduate education system;
  11.  Elaboration and implementation of the state education development programs;
  12.  Compliance of educational programs with the labor market requirements;
  13.  Financing of higher and postgraduate professional education based on the state requirements;
  14.  State financial support (scholarships, education fee compensation (full or partial), education grants, loans) to students and postgraduates of higher and postgraduate professional education system according to the procedure defined by the Law;
  15.  Introduction of knowledge testing and quality assessment, new forms of organization of studies, including credit system, in higher and postgraduate professional education system;
  16.  Introduction of new education concepts and technologies with the purpose of securing the development;
  17.  Ensuring integration of science and education in higher education institutions, organization of scientific-research sub-structures.
  18.  The state guarantees the opportunity of receiving higher and postgraduate professional free education in the state higher education institutions upon the competitive principles for citizens of the Republic of Armenia.

Article 6. Autonomy, Equality and Academic Freedoms of Higher Education Institutions

  1.  Higher education institution shall:
  2.  Practice its autonomy upon self-management and collegial principles;
  3.  Be independent in the issues of organizing education process, selecting educational technologies  and types, procedures and frequency  of continuous attestation of learners;
  4.  Define staffing for all different positions, carry out selection and allocation of employees, including supplement of scientific-pedagogical composition, procedures of holding positions of chiefs of faculty composition, scientific and educational sub-structures independently,
  5.  Be entitled to other activities not prohibited by the Law and its charter.
  6.  The higher education institution shall be entitled to:
  7.  Organize, according to educational programs, admission, educational process of applicants, including foreign citizens;
  8.  Develop procedures and conduct elections of managerial personnel and faculty composition of higher education institution;
  9.  Develop and approve curriculum and syllabi of professions and specializations of higher and postgraduate professional education, publish educational literature and educational and methodological manuals;
  10.  Allocate employees according to structural sub-divisions of education institution;
  11.  Organize courses of qualification increase and training of specialists;
  12.  Participate and implement local and international scientific-educational and research programs, conduct scientific researches;
  13.  Ensure participation of learners in research works;
  14.  Conduct paid educational services (paid education and etc);
  15.  Manage finances, including payment of wages, scholarships, compensation of educational fee, provision of student benefits, maintenance and development of  higher education institution, make expenses targeted at scientific-research activity;
  16.  Implement postgraduate education according to the procedure defined by the legislation of the Republic of Armenia.
  17.  The higher education institution shall interdentally define the directions of using its financial means, including the procedure and sizes of remuneration and material encouragement of its employees, define scholarships.
  18.  In accordance with the procedure defined by the Laws of the Republic of Armenia and in compliance with the quotas and procedure approved by the Government of the Republic of Armenia, compensation of educational fee in the form of benefit shall be granted to those students who are admitted to a higher education institution upon the results of competition, have high progress according to the results of academic year and are socially vulnerable.  The Government of the Republic of Armenia shall approve the list and quantity of specializations regarded as priorities and important for the state as well as compensate the benefits of such students according to the defined procedure. Students shall be granted the state scholarship for excellent and good progress, public activeness, and proper conduct. The Government of the Republic of Armenia shall define the procedure of granting the state scholarship and its size.
  19.  The higher education institutions shall be independent in the formation of their structures. The status and functions of structural sub-divisions of the higher education institution shall be defined according to the procedure defined in the legislation in force in the Republic of Armenia. Structural sub-divisions of the higher education institution may provide general education, middle level vocational as well as additional educational programs according to the procedure defined by the legislation in force in the Republic of Armenia.
  20.  The higher education institution, upon contracts, agreements signed with relevant education management bodies of foreign states, shall perform the admission of foreign citizens, preparation, training and increase of qualification of specialists through all types of teaching, as well as the exchange of specialists, joint scientific works, programs, establish branches, sub-structures and etc in foreign states.
  21.  The higher education institution shall be responsible for its activity to an individual, society and state. Compliance of higher education institution with the legislation in force in the Republic of Armenia and with the goals envisaged in its charter shall be supervised by the founder(s) of higher education institution, authorized body and other authorized bodies as prescribed by the Law.

CHAPTER 2
HIGHER AND POSTGRADUATE PROFESSIONAL EDUCATION SYSTEM OF THE REPUBLIC OF ARMENIA

Article 7. Higher and Postgraduate Professional Education System

The higher and postgraduate professional education system of the Republic of Armenia shall embrace:

  1.  State education standards of higher and postgraduate professional education, basic and additional educational programs, the state accreditation criteria;
  2.  Licensed higher education institutions and organizations providing appropriate postgraduate and additional professional education;
  3.  Managerial bodies of higher and postgraduate professional education as well as organizations subordinated to them.

Article 8. State Education Standards and Educational Programs of Higher and Postgraduate Professional Education

  1.  The higher and postgraduate professional education state education standards shall be defined in the Republic of Armenia, which  secure the following:
  2.  Quality of higher and postgraduate professional education;
  3.  Opportunities of compatibility with education standards of the European and other foreign states;
  4.  Ground for assessing activities of organizations implementing educational programs of higher and postgraduate professional education;
  5.  Recognition and approval of equivalency of qualifications and documents of higher and postgraduate professional education of foreign states.
    1.  The state education standards of higher and postgraduate professional education shall contain:
  6.  General requirements regarding basic educational programs of higher and postgraduate professional education;
  7.  Requirements regarding the mandatory minimum of basic educational programs of higher and postgraduate professional education, conditions of their fulfillment, including educational, industrial and pre-graduation practices and final attestation types of graduates, preparation level of graduates by each specialization.
  8.  Irrespective of the type of ownership and specialization, bachelor’s educational program of higher professional basic education shall include teaching of the Armenian Language and Literature and Armenian History subjects for at least two semesters, which are completed by the final mandatory testing of knowledge.
    1.  Term or quantity of credit scores necessary for organizing the studies through basic educational programs of higher and postgraduate professional education.
    2.  The maximum volume of educational workload of learners.
    3.  The formation procedure of the state education standard shall be defined by the Government of the Republic of Armenia upon the presentation of the education state management authorized body (hereinafter “the authorized body”) (in case of military and police higher and postgraduate professional education, in consent with the appropriate state management authorized bodies of the Republic of Armenia).
    4.  Higher and postgraduate professional education in the Republic of Armenia shall be implemented through the following basic and additional educational programs:
  9.  Basic higher professional educational programs of bachelor’s, master’s (clinical studies), Diploma Specialist’s;
  10.  Basic postgraduate higher professional educational programs of researcher’s program;
  11.  Additional educational programs of training, qualification increase of specialists.
    1.  Educational programs of higher and postgraduate professional education shall be developed and approved by the higher education institution, postgraduate professional education providing organization based on the state education standards.
    2.  Specialization curriculum and courses according to professions of the higher educational institution and postgraduate professional education providing organization shall guarantee the learning process of learners at different educational phases (entry to educational program and exit from program) by ensuring accumulation, transfer of educational credits and awarding of qualification degrees.

Article 9. Higher and Postgraduate Professional Education Qualification Degrees, Duration and Modes of Education

  1.  Basic educational programs of higher professional education may be provided without interruption and/or with breaks, according to levels.
  2.  Two-level qualification system of higher professional education shall be defined in the Republic of Armenia. A person having passed final attestation shall be awarded:
  3.  Bachelor’s qualification – at the first level;
  4.  Master’s qualification – at the second level.

Qualification of Diploma Specialist shall also be retained in the Republic of Armenia.

  1.  Postgraduate professional education qualification degree, i.e. researcher, shall be defined in the Republic of Armenia.

4. The duration of basic educational programs of higher and postgraduate professional education shall be as follows:

  1.  At least 4 years for receiving bachelor’s qualification degree, and at least 5 years for medical specializations;
  2.  At least 5 years for receiving Diploma Specialist’s qualification degree, at least 4 years for specializations of cultural workers and physical training;
  3.  At least 1 year for receiving master’s qualification degree, and at least 4 years for medical specializations;
  4.  At least 3 years for receiving researcher’s qualification degree.
  5.  The persons who have received graduation document of the appropriate degree of higher professional education are entitled to continue the studies upon the educational program of the next level according to the defined procedure. Education received for the first time through the educational programs of the higher education different levels shall not be regarded as second higher professional education.
  6.  The basic educational programs of higher professional education may be provided through different educational modes: stationary, distant, extramural education and external-study (extern). The combination of stationary and other types of education for receiving higher and postgraduate professional education shall not be prohibited. The Government of the Republic of Armenia shall define the list of specializations for which it is not prohibited to receive higher professional education through the stationary, distant, extramural education and external-study modes. The education procedures of the distant and external-study educational modes shall be defined by the Government of the Republic of Armenia. Students and graduates of non-accredited HEIs may participate in the on-going, final attestation of the accredited HEI upon the extern procedure.
  7.  Postgraduate professional education shall be provided through stationary, distant, extramural education and external-study (extern) modes, the procedures of which shall be defined by the Government of the Republic of Armenia.

Article 10. Higher and Postgraduate Professional Education Graduation Document

  1.  Persons having completed the studies and passed the final attestation upon educational programs of higher and postgraduate professional education shall be awarded the graduation document of the higher education institution or postgraduate professional education providing organization together with the relevant Supplement: bachelor’s diploma, master’s diploma, diploma of specialist with higher education, researcher’s diploma.
  2.  Persons not having completed the basic higher and postgraduate professional education program shall be awarded the academic reference document, the sample of which is defined by the higher education institution or postgraduate professional education providing organization.
  3.  Persons, having completed educational program of additional professional education and passed the final attestation, shall be awarded graduation document (certificate), the sample of which is defined by the higher education institution or postgraduate professional education providing organization.

Article 11. Objectives of Higher Education Institution

The main objectives of the higher education institution are as follows:

  1.  Meeting requirements of intellectual, spiritual and moral development of a person through receiving higher and (or) postgraduate professional education;
  2.  Development of science, education, economy and arts through scientific researches and creative activities of scientific-pedagogical workers and learners, using the results gained in the economy, research and education process;
  3.  Preparation and  training of scientific-pedagogical employees with higher education;
  4.  Ensuring education quality and introduction of the relevant improvement system;
  5.  Ensuring the continuity, transparency and publicity  of education process;
  6.  Bringing up a learner in the spirit of national, moral and all-human values;
  7.  Dissemination of knowledge among the population, increase its educational and cultural level;
  8.  Implanting of civic position, skills and responsibility towards the work among learners under the conditions of the democratic and civil society management.

Article 12. Types and Names of Higher Education Institutions

The following types of higher education institutions shall be defined in the higher and postgraduate professional education system of the Republic of Armenia:

  1.  University;
  2.  Institute;
  3.  Academy;
  4.  Conservatory and etc.

The procedure of activities of the higher military, police education institutions shall be defined by this and other Laws.

Article 13. Establishment, Restructuring, Liquidation, Licensing, and Accreditation of Higher Education Institution

  1.  The higher education institution shall be established, restructured and liquidated according to the procedure defined by the legislation of the Republic of Armenia.
  2.  Licensing of the higher and postgraduate education activity:
  3.  Higher and postgraduate educational programs may be provided only in case of presence of the license, in accordance with the procedure defined by the legislation of the Republic of Armenia;
  4.  The educational activity license shall be issued to the educational institution by the authorized body. Licensing of educational programs shall be conducted by the Law and according to the procedure defined by the legislation of the Republic of Armenia;
  5.  The presence of the main pedagogical and faculty composition, laboratory base and educational space, educational-industrial base, library-informational system and educational and methodological provision shall serve as grounds for licensing the education institution.
  6.  The state accreditation:
  7.  The state accreditation shall be issued by the authorized body, irrespective of the departmental subordination of the education institution, based on conclusion regarding attestation of the education institution and its learners;
  8.  The state accreditation of higher education institutions, their specializations, postgraduate educational programs shall be issued in case of presence of license;
  9.  The state accreditation of higher professional education shall be issued according to the education institutions and their specializations;
  10.  The accreditation procedure, standards and term shall be approved by the Government of the Republic of Armenia;
  11.  The goal of the state accreditation shall be recognition of the compliance of education and, for some specializations, preparation quality of graduates with the state education standards as well as promotion of  the efficiency increase of the education institution development programs;
  12.  The state accreditation certificate shall verify the compliance of level of the education institution educational programs, their content, quality of graduates with the requirements of the state education standards;
  13.  Accreditation of education institutions, their specializations  shall be issued phase by phase, according to educational programs;
  14.  Bachelor’s, Master’s, Diploma Specialist’s and postgraduate professional educational programs shall be subject to accreditation in the higher and postgraduate education system of the Republic of Armenia;
  15.  The state accreditation certificate shall be issued to the higher education institution based on the positive conclusion on the attestation of the higher education institution and at least 60% of its students and graduates of two years, as well as in case of the state accreditation of at least 75% of specializations of the institution.
  16.  Branches of the education institutions shall be accredited upon general principles, based on the application of the education institution having the branch, within the composition of the mother HEI;
  17.  The education institutions and their branches established in the Republic of Armenia with the participation of the Republic of Armenia and other foreign states, higher education institutions, organizations enjoy the legal equality with the state higher education institution and shall be licensed, accredited according to the Laws of the Republic of Armenia, this Law, if nothing is else is envisaged by the international treaties of the Republic of Armenia;
  18.  The fact of accreditation of the education institution, its separate specialization shall be specified on the graduation document (diploma) issued to the higher education institution.
  19.  The higher education institution may also receive public accreditation which is the recognition by the public accreditation issuing organizations of compliance of the higher education institution activity level with their criteria and requirements.

Article 14. Admission to Higher and Postgraduate Professional Education Providing Organizations

  1.  Admission to the first level of higher education institutions, i.e. bachelor’s studies, by Diploma specialist’s program shall be conducted upon applications of persons having at least secondary (full) general education, upon the competitive principles envisaged by the Law or the charter of the higher education institution.
  2.  The higher education institution shall be entitled to announce admission in case of presence of the license. The higher education institution is obliged to inform the applicant about its license, charter and internal rules to as well as the state accreditation certificate (in case of its presence), the related data of which shall be recorded in the admission documents of the applicant.
  3.  The higher education institution shall sign a contract with a student, the text of which is published together with the admission announcement of the higher education institution and is provided to applicants in advance. The contract signed between the higher education institution and student shall mandatory fix the duration of the academic years and general size of the education fee envisaged for each level of the higher education institution, divided over the academic years. The contract signed with a student, including the general size of the education fee envisaged in the contract and the sizes divided over the academic years shall not be subject to changes during the entire course of the study.
  4.  The competitive admission in the second level (master’s studies) in the higher education two-level system shall be conducted by taking into account the marks of the first level.
  5.  The admission procedure of the state higher education institutions, according to the educational programs (Bachelor’s, Diploma Specialist’s) shall be defined by the Government of the Republic of Armenia. The admission in the state higher education institutions shall be conducted according to the list of specializations approved by the Government of the Republic of Armenia, by applying the principles of availability, publicity, fairness, reliability, transparency, and equality.
  6.  Postgraduate admission shall be conducted upon the Master’s or Diploma Specialist’s program, based on the results of competitive admission examinations of applicants, the procedure of which and the list of specializations shall be defined by the Government of the Republic of Armenia. Together with the postgraduate admission application, the higher education institution shall sign contract with an applicant, the text of which is published together with the admission announcement and is provided to applicants in advance. The exemplary contract form shall be approved by the Government of the Republic of Armenia.
  7.  Admission of documents for doctoral studies shall be conducted upon presence of the scientific degree of Candidate of Sciences and scientific theme of doctoral thesis.

Article 15. Management of Higher Education Institution

  1.  The management of higher education institution shall be implemented in compliance with the legislation of the Republic of Armenia and the charter of the higher education institution, based on the autonomy, by combining single and collegial principles, through implementing functions of the Council, Scientific Council and Rector’s Office of the higher education institution.
  2.  The higher education institution Council is the collegial management body of education institution, established for a 5-year period, in compliance with the charter of the higher education institution. The jurisdictions of the Council Chairman and members shall be defined by the charter. The Council shall be formed from the composition of the faculty, representatives of students as well as representatives of the founders, and authorized body. The procedure of the Council formation shall be defined by the Government of the Republic of Armenia upon the presentation of the authorized body. The number of the Council shall be defined by the charter of the higher education institution, at least 20 persons. The activity of the Council shall include the approval of the budget and strategic programs of the institution, hearing and assessment of the annual report (which is presented by the Rector) on the higher education institution, election of a rector, as well as presentation of proposals on introducing changes and supplements in the education institution charter to its founder.
  3.  The Scientific Council of the higher education institution shall be formed in compliance with the higher education institution charter and shall solve issues connected with organizing, planning and managing of educational – methodological and scientific-research activity of the higher education institution. The Scientific Council composition shall include the Rector, ex officio, who is the Chairman of the Scientific Council, Vice-Rectors, and Chiefs of the relevant sub-divisions of the higher education institution as well as selected members in compliance with the higher education institution charter. The jurisdictions and procedure of activity of Scientific Council shall be defined by the higher education institution charter.
  4.  The higher education institution current management shall be implemented by the education institution executive body – the Rector. The Rector of the higher education institution shall be elected by the legislation of the Republic of Armenia and according to the open competition procedure defined by the higher education institution charter, in the education institution Council by secret (closed) voting for a 5-year period. The same person cannot be elected in the position of the Rector for more than two times uninterruptedly. The Rector Election results shall be approved by the founder. In case the results are recognized void, pursuant to the procedure in force, a new election of the Rector shall be appointed. If the same candidate gains at least two third of the Council member votes in the elections, the founder shall approve the decision of the Scientific Council.
  5.  The Rector Office of higher education institution is an advisory body attached to the Rector, the procedure of its formation and jurisdictions shall be defined in compliance with the higher education institution charter.
  6.  The Director of the state higher education institution branch shall be elected in the session of the education institution, by secret (closed) voting for a 5-year period, upon open competition. The same person cannot be elected in the Branch Director position for more than two times uninterruptedly.
  7.  The higher education institution Vice-rectors (Deputies of the branch Directors) shall be appointed upon the decree of the Rector (Branch Director), a service contract shall be signed with them.
  8.  Positions of Department Dean (Chief of the educational sub-division) and Head of Chair are elected positions, the election procedure of which shall be defined by the higher education institution charter. The activity of the Department Dean (Chief of the educational sub-division) shall be regarded as scientific-pedagogical work.
  9.  The founder, before the formation of the Council, shall appoint a temporary acting Rector for no more than one year for newly established or restructured higher education institution.
  10.  The higher education institution shall develop and approve strategic educational programs for a 5-year period. The strategic program shall define the main goals of the higher education institution, the list of activities for attaining them. The strategic program shall be approved by the Council. The strategic program shall be the main program document to assess the efficiency of the higher education institution activity by the authorized body.

Article 16. Non-Government Organizations and Unions in Higher and Postgraduate Professional Education System

Public-political, non-governmental, religious organizations and unions shall not operate in the higher and postgraduate professional education system, except trade unions, professional, cultural, marz and graduate organizations and unions.

CHAPTER 3

EDUCATIONAL ACTIVITY SUBJECTS IN HIGHER AND POSTGRADUATE PROFESSIONAL EDUCATION SYSTEM

Article 17. Learners of Higher Education Institution

  1.  Learner of the higher education institution is a subject of higher (postgraduate) education.
  2.  The higher education institution students, postgraduates (hereinafter referred as “the learners”) may, upon their discretion, according to their inclinations and requirements, choose profession, type of the higher education institution and education mode, move to other higher education institution (including of foreign states), conduct researches, interrupt or continue higher and postgraduate education at any education level, fully participate in the activities of the higher education institution collegial management in compliance with the higher education institution charter.
  3.  The Learner of higher education institution is entitled to:
  4.  Select obligatory courses for the specialization or professional education and non-obligatory courses for the specialization or professional education which are  provided by the appropriate department (education sub-division) and Chair;
  5.  Participate in the formation of his/her education content (educational courses and selection of specialization) by retaining requirements of the higher education state standards;
  6.  In addition to the selected specialization educational courses, learn any course which is taught in that or any other higher education institution according to the procedure defined by the higher education institution charter.
  7.  Participate in the works of the relevant management bodies of the higher education institutions as envisaged in the Law or by the higher education institution charter;
  8.  Use the libraries, laboratories, informational databases, services of educational, scientific, medical and other sub-divisions, participate in scientific works, conferences, seminars and symposiums free of charge;
  9.  Appeal decrees and instructions of the higher education institution management according to the procedure defined by the legislation of the Republic of Armenia;
  10.  Use the right of the partial or full compensation of the annual education fee according to the procedure defined by the legislation of the Republic of Armenia;
  11.  Receive scholarship in the defined size, including special scholarship, grant appointed by legal or natural persons as well as student’s loan according to the procedure defined by the acting legislation of the Republic of Armenia and the higher education institution charter;
  12.  Have access to the higher education institution charter and other normative documents, sign contract with the higher education institution on learning  conditions;
  13.  Take academic leave for up to one year according to the procedure defined by the authorized body, if necessary, except for the cases defined by the legislation;
  14.  In case of the stationary studies, to have holidays no less than twice within the same academic year with total duration of no less than 7 weeks;
  15.  Receive appropriate place in the dormitory according to the procedure defined by the higher education institution in case of availability of the dormitory and need of accommodation;
  16.  Move to other higher education institution, including a higher education institution of a foreign state according to the procedure defined by the Government of the Republic of Armenia;
  17.  Receive moral and (or) material encouragement for the good progress and participation in the scientific-research works according to the procedure defined by the legislation of the Republic of Armenia and the higher  education institution;
  18.  Former student whose education was interrupted shall have a right to reinstate in the higher education institution.
  19.  The learner of the higher education institution shall be obliged to fulfill the duties as defined by the higher education institution charter and internal disciple rules.
  20.  In case of violation of duties envisaged by the higher education institution charter and internal disciple rules, disciplinary sanctions may be imposed upon the student, including dismissing from the higher education institution. It is prohibited to dismiss students when during their sickness, vacations, academic leave, or maternity leave.
  21.  In the higher education institution students may be united in student councils, student scientific associations and other student organizations, the procedure of establishment and operation of which shall be defined by the education institution charter.

Article 18. Postgraduates, Doctoral Students, and Extramural Students

  1.  The procedure of admission and studies in the postgraduate studies, submission of documents for doctoral and extramural studies shall be approved by the Government of the Republic of Armenia. Specialists who have studied and completed postgraduate studies within the frame of the state order shall be obliged to work at least three years in the higher and postgraduate education providing educational or scientific organizations based on the requirements of the RA Law on Military Service. The job placement procedure of specialists shall be defined by the Government of the Republic of Armenia.
  2.  To accomplish the works connected with the selected scientific themes, scientific researches, the postgraduate students, extramural students and doctoral students shall, on equal terms with the scientific-pedagogical and scientific workers of the higher education institutions and postgraduate professional education providing organizations use the laboratories, equipments, educational-methodological rooms, libraries as well as the right of secondments.

Article 19. Employees of Higher Education Institutions and Postgraduate Professional Education Providing Organizations

  1.  The faculty and scientific workers of the higher education institution shall be entitled to, upon their discretion, describe the academic subject within the frames of the program, select themes for scientific research and conduct them by the methods chosen by them.
  2.  The scientific-pedagogical, faculty (Dean, Chief of Chair, Professor, Associate Professor, Senior Lecturer, Lecturer, Assistant) composition, scientific workers, employees of engineering-technical, administrative-economic, industrial, educational-auxiliary and other composition shall be defined in the higher education institution and postgraduate professional education providing organization.
  3.  All vacancy posts of faculty composition and scientific workers of the higher education institution and postgraduate professional education providing organization shall be occupied in compliance with the charter and rules of the higher education institution and postgraduate professional education providing organization.
  4.  Placement for all scientific-pedagogical vacancy posts of the higher education institution and postgraduate professional education providing organization shall be conducted according to the service contract which is signed for a 5-year period. Service contract signing shall be preceded by open competitive selection. Upon the completion of the service contract term, a new service contract may be signed with the scientific-pedagogical worker with up to 5-year period, without competitive selection, based on the assessment of the results of his/her scientific-pedagogical activity during the contract term. The placement procedure of the specified positions shall be approved by the Council of the higher education institution, postgraduate professional education providing organization in compliance with the legislation of the Republic of Armenia.
  5.  The employee of the higher education institution, postgraduate professional education providing organization shall be entitled to:
  6.  Elect and be elected in relevant posts and relevant management bodies of the higher education institution and postgraduate professional education providing organization according to the procedure defined by the charter of the higher education institution and postgraduate professional education providing organization;
  7.  Participate in discussion and solution of issues regarding the activity implemented by the higher education institution or postgraduate professional education providing organization;
  8.  Use the services of libraries, informational database, educational and scientific sub-divisions as well as social-communal, curative and other structural sub-divisions of the higher education institution or postgraduate professional education providing organization in compliance with the charter of the higher education institution, postgraduate professional education providing organization and (or) collective contract;
  9.  Select such methods and means of teaching which shall ensure high quality of the educational process;
  10.  Appeal orders and instructions of the Chief of relevant Sub-division of the higher education institution or postgraduate professional education providing organization according to the procedure defined by the legislation of the Republic of Armenia;
  11.  Have organizational and material-technical conditions for the professional activity.
  12.  The employees of the higher education institution and postgraduate professional education providing organization shall be obliged to:
  13.  Ensure efficiency of the educational and scientific processes;
  14.  Meet the requirements as defined by the charter and internal rules of the higher education institution and postgraduate professional education providing organization;
  15.  Form professional qualities, proper conduct and manners, civic position and patriotism among learners;
  16.  Develop self-independence, initiative and creative skills among learners;
  17.  Undergo training or increase of qualification according to the defined order no less than once in 5 years.
  18.  Rights and duties of the administrative-economic, engineering-technical, industrial, educational-auxiliary and other employees of the higher education institution or postgraduate professional education providing organization shall be defined by this Law, the Labor Code of the Republic of Armenia, the charter and internal rules of the higher education institution or postgraduate professional education providing organization.

Article 20. Recognition of Documents and Confirmation of Equivalency of Scientific Levels and Scientific Degrees of Higher and Postgraduate Professional Education of Foreign States

Recognition of documents and confirmation of equivalency of the higher and postgraduate professional education, scientific levels and scientific degrees of foreign states shall be conducted by the Laws of the Republic of Armenia and interstate, inter-Governmental treaties, agreements signed between the Republic of Armenia and foreign states in this sphere.

CHAPTER 4″

MANAGEMENT OF HIGHER AND POSTGRADUATE PROFESSIONAL EDUCATION SYSTEM

Article 21. Jurisdiction of the State Authorities in the Sphere of Higher and Postgraduate Professional Education

  1.  The jurisdiction of the Government of the Republic of Armenia in the sphere of the higher and postgraduate professional education  shall be as follows:
  2.  Establishment, restructuring and liquidation of the higher education institutions according to the procedure defined by the legislation of the Republic of Armenia;
  3.  Approval of the formation procedure of the state education standard of the higher and postgraduate professional education;
  4.  Approval of the accreditation procedure of the higher education institutions and postgraduate education providing organizations;
  5.  Approval of the licensing procedure of educational programs;
  6.  Approval, according to the basic educational programs, the list of specializations of the higher and postgraduate professional education, their teaching modes  and their respective qualifications awarded;
  7.  Approval of the list of specializations provided upon educational program of Diploma Specialist;
  8.  Development and approval of the admission procedure and knowledge assessment uniform system of applicants of the higher state education institutions;
  9.  Approval of the procedure of the student transfer from one higher education institution to another;
  10.  Approval of procedure of admission in the postgraduate studies and postgraduate studies, the execution of paper work for doctoral students and extramural students;

9/1) Approval of the exemplary form of contracts signed with applicants of the postgraduate studies;

9/2) Definition of placement of specialists having studied and completed the postgraduate studies within the frames of the state order in the higher and postgraduate education providing educational or scientific organization.

  1.  Approval, introduction of changes and supplements in the lists of the higher and postgraduate professional education specializations, their teaching modes and their respective qualifications awarded.
  2.  Approval of the lists of specializations for which the distant, extramural education and external-study modes shall not be permitted.
  3.  Approval of the allocation procedure of financial means, including education fee compensation, scholarship definition, receiving of education loan, financing to education foundations;
  4.  Registration and introduction of changes and supplements in charters of the state non-commercial organizations. The Government of the Republic of Armenia shall implement other jurisdictions in the sphere of the higher and postgraduate professional education as defined by the legislation of the Republic of Armenia.
  5.  The jurisdiction of the authorized body shall be:
  6.  Development and approval of the state education standards of the higher and postgraduate professional education;
  7.  Implementation of control over the quality of higher and postgraduate professional education;
  8.  Development of submission procedures of a package of required document for doctoral and extramural studies;
  9.  Analysis of the labor market with the relevant bodies and submission of proposals regarding admission to the higher education institutions to the Government of the Republic of Armenia;
  10.  Submission of proposals regarding preparation of specialists, increase of qualification and training of employees and scientific-pedagogical workers, volumes of the state budget financing directed at the development of the science;
  11.  Approval of the procedure of the quality assurance process in higher education institutions and postgraduate professional education providing organizations;
  12.  Approval of the procedure of receiving the second profession;
  13.  Approval of education procedures of the stationary, distant, extramural education and external-study types. The authorized body shall implement other jurisdictions as defined by the Laws of the Republic of Armenia and by the decisions of the Government of the Republic of Armenia.

Article 22. Quality Assurance of Higher and Postgraduate Professional Education and the State Control over it

  1.  The state control over the higher and postgraduate professional education quality shall be directed at ensuring a uniform state policy in the sphere of the higher and postgraduate professional education, increase of the specialist preparation quality, efficient use of the state budget and other means allocated for the higher and postgraduate professional education.
  2.  The state control over the higher and postgraduate professional education quality shall be implemented by the authorized body through organizing the licensing and accreditation as well as quality assurance processes by organizations implementing the quality assessment and (or) accreditation.
  3.  To assure quality of the higher and postgraduate professional education, the higher education institution and postgraduate professional education providing organization shall be obliged to publish the quality assessment and (or) accreditation criteria, conclusions provided by the organizations implementing the quality assessment and (or) accreditation as well as the quality assessment current results.
  4.  The authorized body shall approve the implementation procedure of the quality assurance process by organizations implementing the quality assessment and (or) accreditation in the higher education institution and postgraduate professional education providing organizations.
  5.  The principles of the quality assurance processes in the higher and postgraduate education system shall be the objectiveness, continuity, transparency and publicity of the assessment.

CHAPTER 5

ECONOMIC GROUNDS OF THE HIGHER AND POSTGRADUATE PROFESSIONAL SYSTEM

Article 23. Property Relations in Higher and Postgraduate Professional Education System

  1.  To ensure activity envisaged in the charter, the founder(s) shall provide, upon the  right of property or usage (unpaid or paid), the higher education institution with buildings, constructions, transport, land plots, equipment as well as necessary property having consumptive, social, cultural and other significance. The founder(s) shall provide the property to higher education institutions upon the right of without time-limit and free of charge use.
  2.  The higher education institution shall have the right over the monetary means, property and other objects of the ownership transferred  to the higher education institution  in the form of donation,  contribution or will by natural and legal persons, the results of intellectual and creative work regarded as the result of the higher education institution activity, property acquired from other sources not forbidden by the Law as well as the revenues acquired from the own activity and the property acquired on account such revenues.
  3.  The state and local government bodies may transfer educational spaces and land plots to accredited higher education institutions upon free of charge or paid basis.

Article 24. Financing of Higher Education Institutions and Postgraduate Professional Education Providing Organizations

The financing of the higher education institutions and postgraduate professional education providing organizations shall be in compliance with the legislation in force in the Republic of Armenia.

Article 25. Remuneration of the Higher Education Institution Employees

  1.  The higher education institution, within the limits of the means under its disposal and envisaged for the remuneration of the employees, shall independently decide the form and system of remuneration of the work, sizes of additional payments, extra payments, rewards and other means of the material encouragements as well as the rates of wages for all types of employees without defining the maximum rates of wages.
  2.  The higher education institution shall pay the rate of wages to the employee for the accomplishment of the functional duties and works envisaged in the service contract.
  3.  Higher education institutions established in participation of the state, foreign states on account of the means allocated from with the state budget and other sources not prohibited by the legislation of the Republic of Armenia, with the purpose of ensuring activity of the higher education institution, shall form the employee remuneration fund independently.

CHAPTER 6

Article 26. Transitional Provisions

  1.  Following the enforcement of the Law, in connection with introduction of the 2-level system, the admission in higher education institutions shall be conducted only upon the bachelor’s educational program. The higher education institutions providing cultural studies may conduct the studies for separate specializations upon the Diploma Specialist’s educational program.
  2.  The one level qualification system shall also be in force before 2009-2010 academic year, with the Diploma Specialist qualification.
  3.  The qualification of the Diploma Specialist education degree awarded before 2010 shall be equalized to the master’s educational degree.
  4.  The student having started education in the higher education institution upon the Diploma Specialist program who is called to army or interrupted the studies for other good reason, shall have the opportunity of studying in master’s studies if he/she is reinstated in the 2-level education system. If the duration of the master’s studies is two years, the student shall be exempted from the one year education fee on account of the financing of the higher education institution.
  5.  The mandatory introduction of the credit system in the higher education system shall start from 2006-2007 academic year.
  6.  Clause 4 of Article 6 of this Law shall come into force from 2005-2006 academic year.

Article 27. Final Provision

This Law shall take effect on the thirtieth day of its publication.

ROBERT KOCH ARYAN

PRESIDENT OF THE REPUBLIC OF ARMENIA

c. Yerevan

January 18 2005

HO-62-N