Law 238 on independent assessment of qualifications. We are preparing for an independent assessment of qualifications. Obtaining an independent qualification – is it mandatory or voluntary?

Since January 1, 2017, the Law “On Independent Assessment of Qualifications” has been in force. It is important for personnel officers, as well as lawyers, accountants and managers to know about its contents and purpose. This law regulates the procedure for independently assessing an employee or applicant for a position to determine whether the person’s qualifications correspond to the work he is doing or applying for. It is important to understand what this new procedure is, who should be sent to it and in what case, whether it is necessary to do it or not, and what legal consequences this independent assessment entails for the employer and employee. The answers to these questions are in the Current Topic.

What is an independent assessment of employee qualifications?

Law No. 238-FZ dated July 3, 2016 regulates the conduct of an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity.

What is an independent qualification assessment

This is a procedure during which it is checked whether the qualifications of an employee or potential employee (the law uses the general term for them - “applicant”) meets the professional standard or qualification requirements established by federal laws and other regulatory legal acts (clause 3 of article 2 Law No. 238-FZ).

On whose initiative is it being held?

Several options (Part 2, Article 4 of Law No. 238-FZ):

at the initiative of the applicant at the expense of the applicant;
at the direction of the employer at the expense of the employer;
at the initiative and at the expense of other individuals and legal entities;
in the manner prescribed by labor legislation.

Who conducts it and in what form

It is carried out by qualification assessment centers (legal entities) in the form of a professional exam (clause 8 of article 2 of Law No. 238-FZ).

Who coordinates the activities of the centers

The structure of the bodies providing and controlling the activities of the centers includes:

National Council for the Development of Qualifications under the President of the Russian Federation;
National Agency for the Development of Qualifications;
Councils on professional qualifications for certain types of professional activities;
Ministry of Labor of the Russian Federation.

What might be the exam result?

2 options:

successfully - then a certificate of qualification is issued. It is entered into a special register by the national qualifications development agency. Access to it is open and free.
unsuccessful - in this case, a conclusion is issued on passing the exam with recommendations for the applicant.

If the applicant does not agree with the results, he has the right to appeal them.

Are there any cases of mandatory completion of such an assessment?

No, such cases are not provided for by the Labor Code of the Russian Federation and Law No. 238-FZ. The procedure for independent qualification assessment is entirely voluntary and is carried out only with the consent of the applicant.

Federal Law of July 3, 2016 No. 238-FZ “On independent assessment of qualifications”. . Came into force on 01/01/2017

Editor's note:

Currently, there are 11 qualification assessment centers in the country, 3 of which are engaged in assessing the qualifications of accountants. It is planned that by the end of 2017 there will be 30 qualification assessment centers.

In addition to this law, more than a dozen regulatory documents related to this topic have already been issued. The entire regulatory framework governing the independent assessment of qualifications today includes the following documents.

Table: “Regulatory framework governing independent assessment of qualifications”

No.	Federal laws
1	Federal Law of July 3, 2016 No. 238-FZ “On Independent Assessment of Qualifications”
2	Federal Law of July 3, 2016 No. 251-FZ “On Amendments to Part Two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”
	Presidential Decrees
3	Decree of the President of the Russian Federation dated April 16, 2014 No. 249 (as amended on December 18, 2016) “On the National Council under the President of the Russian Federation for Professional Qualifications”
	Government Decrees
4	Decree of the Government of the Russian Federation of November 16, 2016 No. 1204 “On approval of the Rules for conducting an independent assessment of qualifications by a qualification assessment center in the form of a professional exam”
5	Order of the Government of the Russian Federation dated September 29, 2016 No. 2042-r (On the center for professional training, retraining and advanced training of workers)
	Orders of the Ministry of Labor
6	Order of the Ministry of Labor of the Russian Federation dated November 15, 2016 No. 649n “On approval of the Procedure for the formation and maintenance of a register of information on conducting an independent assessment of qualifications and access to them, as well as the list of information contained in the specified register”
7	Order of the Ministry of Labor of the Russian Federation dated December 1, 2016 No. 701n “On approval of the Regulations on the appeal commission for the consideration of complaints related to the results of passing a professional exam and issuing a certificate of qualification”
8	Order of the Ministry of Labor of the Russian Federation dated December 2, 2016 No. 706n “On approval of a sample application for an independent assessment of qualifications and the Procedure for submitting such an application”
9	Order of the Ministry of Labor of the Russian Federation dated December 12, 2016 No. 725n “On approval of the form of the certificate of qualification and its attachments, technical requirements for the form of the certificate of qualification, the procedure for filling out the form of the certificate of qualification and issuing its duplicate, as well as the form of the conclusion on passing the professional exam”
10	Order of the Ministry of Labor of the Russian Federation dated December 12, 2016 No. 726n “On approval of the regulations on the development of names of qualifications and qualification requirements, for compliance with which an independent assessment of qualifications is carried out”
11	Order of the Ministry of Labor of the Russian Federation dated December 14, 2016 No. 729n “On approval of the Procedure for monitoring and control in the field of independent qualification assessment”
12	Order of the Ministry of Labor of the Russian Federation dated December 19, 2016 No. 758n “On approval of the Model Regulations on the Council for Professional Qualifications and the Procedure for vesting the Council for Professional Qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers”
13	Order of the Ministry of Labor of the Russian Federation dated December 19, 2016 No. 759n “On approval of requirements for qualification assessment centers and the Procedure for selecting organizations to empower them to conduct an independent assessment of qualifications and terminate these powers”

Scheme: "System of independent assessment of qualifications"

Rules for conducting an examination for independent assessment of qualifications

The rules for conducting an independent assessment of qualifications in the form of a professional exam are as follows.

1. Pay for the exam.

The person at whose expense the examination is conducted (applicant, employer or other person) pays for the services of conducting the examination on the basis of a contract for the provision of paid services concluded between him and the qualification assessment center.

2. Submit documents.

A set of documents is submitted to the qualification assessment center on paper or electronic media, including:

application for an examination. It must indicate the qualifications for which the applicant wants to pass the exam and consent to the processing of personal data;
a copy of the passport or other identification document of the applicant;
other documents necessary to pass the exam for the relevant qualification, information about which is contained in the register of information for conducting an independent assessment of qualifications.

3. Agree on a time.

The Qualifications Assessment Center, within 10 calendar days after receiving the set of documents, agrees with the applicant on the date, place and time of the exam, and also informs the applicant about how the exam will be held. If it is carried out at the direction of the employer, the qualification assessment center agrees on the date, place and time of the conduct with the employer.

4. Pass the exam.

The examination is conducted in accordance with assessment tools (a set of tasks and assessment criteria) for conducting an independent assessment of qualifications for the relevant qualifications, approved by the Council for Professional Qualifications.

5. Receive the document.

The exam is considered successfully passed if the applicant achieves a result that meets the assessment criteria.

The exam results are documented in the protocol of the expert commission. The Qualifications Assessment Center sends the protocol to the Council for Professional Qualifications within 7 calendar days. The Council, within 14 calendar days, makes a decision on issuing to the applicant (either or):

certificates of qualification (if the exam is passed);
conclusions on passing the professional exam (if the exam is not passed).

In both cases, information about the exam result is sent to the “register of information on an independent qualification assessment.”

Based on the decision of the council, the Qualifications Assessment Center issues the appropriate document to the applicant. The deadline for its issuance is 30 calendar days after completion of the exam.

Decree of the Government of the Russian Federation of November 16, 2016 No. 1204 “On approval of the Rules for conducting an independent assessment of qualifications by a qualification assessment center in the form of a professional exam”. The document is included in the ATP "Consultant Plus". Came into force on 01/01/2017. Official Internet portal of legal information, 11/22/2016

Approved:

sample application for an independent qualification assessment;
the order of its submission.

Sample application for an independent qualification assessment

Order of the Ministry of Labor of the Russian Federation dated December 2, 2016 No. 706n “On approval of a sample application for an independent assessment of qualifications and the Procedure for submitting such an application”. The document is included in the ATP "Consultant Plus" . Came into force on 01/01/2017. Official Internet portal of legal information, 11/21/2016.

Sample certificate of qualification

Approved:

form of the certificate of qualification and its attachment;
technical requirements for this form;
The procedure for filling out the form and issuing its duplicate;
Form of conclusion on passing a professional exam.

Form of certificate of qualification

Order of the Ministry of Labor of the Russian Federation dated December 12, 2016 No. 725n “On approval of the form of the certificate of qualification and its attachments, technical requirements for the form of the certificate of qualification, the procedure for filling out the form of the certificate of qualification and issuing its duplicate, as well as the form of the conclusion on passing the professional exam”. The document is included in the ATP "Consultant Plus". Came into force on January 10, 2017. Official Internet portal of legal information, 12/30/2016.

Payment for an independent assessment of qualifications can be taken into account in the costs of the OSN, simplified tax system and unified agricultural tax.

A procedure has been established for taxation of costs for services for independent assessment of an employee’s qualifications.

The procedure depends on who pays for these services: the employer or the employee.

Costs are borne by the employer

In this case, the cost of services is taken into account when calculating income tax, the single tax under the simplified tax system (USN) and is not subject to personal income tax.

For expenses to be included in taxation, certain conditions must be met:

conclude an agreement with the independent assessment center for the provision of services for conducting an independent assessment;
the employee must have worked for the company under an employment contract for at least 1 year;
Documents on assessment costs must be kept for at least 4 years.

The employee bears the costs

If the independent assessment of qualifications is paid for by the employee himself, then he is entitled to the amount paid (the maximum amount of such a deduction is 120 thousand rubles per year, taking into account deductions for treatment, training, etc.).

Federal Law of July 3, 2016 No. 251-FZ “On amendments to part two of the Tax Code of the Russian Federation in connection with the adoption of the Federal Law “On Independent Assessment of Qualifications”. The document is included in the ATP "Consultant Plus". Came into force on 01/01/2017. Official Internet portal of legal information, 07/04/2016.

Editor's note:

As for the cost of an independent assessment, it varies depending on qualifications, from several thousand to several tens of thousands of rubles. For example, an exam for the qualifications “Chief” and “Accountant” in any assessment center is 19 thousand rubles.

When an independent assessment of qualifications may be necessary for an employer and an employee

Independent assessment of qualifications is voluntary. Therefore, a logical question arises: who might need it and for what? What is its value? Let's try to answer these questions from the point of view of the employee and the employer, simulating various situations.

To the employer

During an independent qualification assessment, a person is assessed to determine whether he meets the requirements of the professional standard. In this regard, it is appropriate to remember that some of the professional standards are mandatory for use by some organizations. For example, the professional standard “accountant” is mandatory for chief accountants of PJSC. Therefore, such a society can hire a person for this position, provided that he meets the professional standard. Otherwise, the company may be fined in the amount of 30 to 50 thousand rubles (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The company itself can determine whether the applicant meets this standard or not. But he can contact the qualification assessment center for this and receive a certificate of qualification of the applicant for the position. Then she will be absolutely sure that the new chief accountant was hired legally. In this situation, keeping in mind the fine, this is important.

The same motives can drive a company when hiring other employees. The only difference is that if the company decides not to resort to an independent assessment and evaluates the candidate independently, it will bear responsibility for making this decision independently, and no one will fine it for this.

To the question of whether it is possible to use the results of an independent qualification assessment as a reason for parting with an incompetent employee, the answer is negative. The Labor Code does not provide for this. For these purposes, it was and remains a different procedure - certification (Clause 3, Part 1, Article 81 of the Labor Code of the Russian Federation), which is carried out by a certification commission created within the company. Therefore, negative results of an independent qualification assessment (when a “conclusion” is issued and not a “certificate”) conducted by one of the qualification assessment centers cannot be a reason for dismissal.

To the employee

Potential employee

He may be interested in an independent qualification assessment if he wants to prevent a potential employer from doubting his ability to perform a particular job. For example, this could be a girl who hasn’t worked for the last few years because she was first on maternity leave, then remained a housewife for a few more years, and then decided to get a job again. In this case, despite her educational diploma and work experience, employers will probably doubt her competence today. Then the obtained certificate of qualification can just help out.

Or another example: after studying, a person worked only as a freelancer, and unofficially. And while he can still document his level of education, he has difficulties with his experience. In this case, the certificate of qualifications can also convince the employer's human resources representatives that this person is capable of performing the job for which he is applying.

Current employee

For current employees, a certificate of qualification can help to advance in the profession and increase the chances of salary growth. Perhaps the certificate will help obtain employer permission for certain types of work, competitions, participation in contracts, etc.

In addition, an independent assessment of qualifications may be required in anticipation of dismissal. For example, when a company plans to part with an employee due to staff reduction or due to his inadequacy for his position.

As for staff reduction, if the company resorts to this procedure, those who are most qualified will have priority right to stay at work (Article 179 of the Labor Code of the Russian Federation). This is where a certificate of qualification can come in handy. True, you need to understand that this paper itself will not provide any guarantees against dismissal. The organization has the right to decide for itself which of the employees, in its opinion, is more qualified. After all, the criteria for an employee’s qualifications are the level of education and practical work experience. Based on them, the employer has the right to independently decide who to leave (Definition of the Constitutional Court of the Russian Federation of December 18, 2007 No. 867-О-О). However, evidence of qualifications may be taken into account.

As for such grounds for dismissal as inadequacy for the position held, then, as mentioned above, the Labor Code of the Russian Federation requires confirmation of the employee’s insufficient qualifications by the results of certification, and not by an independent assessment of qualifications. These are different procedures. Therefore, having a certificate of qualifications in hand, you can refer to it before the employer, but this document still cannot be considered protection against dismissal.

Article by Prokazin E.A.,
expert editor of the magazines “Time of an Accountant”, “Time of a Lawyer”
“Who and when may need an independent assessment of qualifications”

This Federal Law No. 238 was adopted to regulate relations that arise during an independent assessment to determine the professional qualifications of an employee. The articles of the law describe the assessment process and its participants. This Federal Law No. 238 does not apply to persons applying for government positions.

The Federal Law “On Independent Assessment of Qualifications” was adopted on June 22, 2016 by the State Duma of the Russian Federation. The legislative act was approved a week later. Federal Law 238 came into force on July 3 of the same year. After the law was adopted, no changes were made to it.

Subject of regulation of Federal Law-238— relationships that arise when carrying out an independent assessment of the qualifications of employees and persons applying for a certain position.

Federal Law No. 238 establishes:

legal and organizational framework;
the procedure and timing for conducting an independent examination of employees and other persons;
rights and responsibilities of citizens who conduct an independent examination.

This law does not apply to citizens who apply for government positions.

Brief content of Federal Law-238:

Article 1— describes the subject of regulation of the legislative project;
St 2— lists the main concepts that are used in the law;
Article 3 - lists the participants in the unified independent assessment system;
Art 4 - describes the process of conducting an independent assessment of employee qualifications;
Article 5— gives the concept of the phrase “national council”;
Art 6 - describes the scope of activities of the national job development agency;
Article 7— describes the powers of the Council for Professional Qualifications;
St. 8— describes the actions of the job classification assessment center;
Article 9— lists the powers of the specially authorized executive body;
Article 10— reveals the concept of information support for an independent assessment;
Article 11— lists transitional provisions;
Article 12— regulates the entry into force of Federal Law 238.

According to the provisions of Federal Law-238, participants independent qualification assessment systems are:

national council;
applicants;
employers;
advice on professional qualifications;
assessment centers;
federal executive body.

The procedure and time for qualification are established by the Government of the Russian Federation. The profession examination is conducted at the expense of the applicant and on his initiative.

Download the law on independent assessment

The Federal Law “On Independent Assessment of Qualifications” consists of 12 articles. Each of them contains information about the types of assessment, the time and place of its implementation. To pass the written exam, the applicant personally submits an application to the testing center. The application is written in writing according to the provided sample.

To familiarize yourself with the law on qualification assessment, download it from.

Changes in the law on qualification confirmation

Since the law was adopted in 2016, changes have not yet been made to it. Below we will discuss articles that contain important aspects.

Article 4

According to Article 4, after passing the test within 30 days, the applicant is issued a certificate of qualification. It is issued at special testing centers only if there is a good grade. If the applicant passes the test and receives a negative result, he is given a certificate of passing the exam with recommendations. All issued certificates are entered into a special register.

Article 5

St. 5 regulates the scope of independent assessment by the national council:

coordination of activities of government bodies;
coordination of the activities of the employers' association;
coordination of associations and other organizations.

Composition of the national council:

representative of the government authorities of the constituent entities of the Russian Federation;
association of all-Russian and other employers;
associations and other organizations.

The powers and composition of the council are determined by the Government and the President of the Russian Federation.

Article 6

IN Art. 6 designated powers of the national agency :

provides support in the field of organization, methodology and expert activities of the national council and other professional qualification councils;
prepares projects to improve expert assessments;
organizes the formation and maintenance of the register;
depending on incoming proposals, establishes qualification categories;
informs and advises independent assessment workers on issues related to its conduct;
other powers provided for by this Federal Law.

Article 7

Article 7 lists responsibilities Council for Professional Qualifications:

approves means for assessing relevant work grades;
submits data to the national bureau on new types of discharges;
monitors the activities of organizations;
a special commission is being created to receive complaints related to the results of the professional exam and others.

Financial support for the council is provided from the personal funds of the legal entity and other sources not prohibited by the legislation of the Russian Federation.

Article 8

Article 8 describes centers for confirming a person’s qualifications. Such centers conduct professional examinations, on the basis of which a certificate is issued. The centers carry out independent monitoring of a citizen’s compliance with his rank.

Authority center may be discontinued if:

the center’s activities do not meet the stated requirements;
employees of the center repeatedly violate the procedure for conducting a professional exam;
representatives of the center deliberately indicated false data in the issued certificate;
a legal entity is liquidated in accordance with the requirements provided for by the Civil Legislation of the Russian Federation.

Article 10

According to Article 10, a register is used to ensure the implementation of independent qualification control.

It includes the following information:

on the activities of the national council for professional categories;
on the names of verification centers;
about issued certificates;
on the list of official websites of national councils;
about other information.

Would you like to learn more about the Qualification Verification Law? Download it.

Article 1. Subject of regulation of this Federal Law

1. The subject of regulation of this Federal Law is the relations that arise during an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity.

2. This Federal Law establishes the legal and organizational basis and procedure for conducting an independent assessment of the qualifications of workers or persons applying for a certain type of labor activity, and also determines the legal status, rights and obligations of participants in such an independent assessment of qualifications.

3. A different procedure for assessing the qualifications of workers or persons applying for a certain type of labor activity may be established by other federal laws and other regulatory legal acts of the Russian Federation if, in relation to the relevant categories of workers, the Labor Code of the Russian Federation defines the specifics of regulating the labor of such workers , including in connection with performing work under harmful and (or) dangerous working conditions.

4. This Federal Law does not apply to citizens applying for civil service positions and civil servants.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts apply:

1) national agency for the development of qualifications - an autonomous non-profit organization created to ensure activities for the development of qualifications in the Russian Federation, the founders of which include all-Russian associations of employers, all-Russian associations of trade unions and the Russian Federation, on behalf of which the functions and powers of the founder are exercised by federal bodies executive authorities authorized by the Government of the Russian Federation;

2) national council - the national council under the President of the Russian Federation for professional qualifications, which is an advisory body under the President of the Russian Federation to consider issues related to the development of qualifications in the Russian Federation;

3) independent assessment of the qualifications of workers or persons applying for a certain type of labor activity (hereinafter - independent assessment of qualifications) - a procedure for confirming compliance of the applicant’s qualifications with the provisions of the professional standard or qualification requirements established by federal laws and other regulatory legal acts of the Russian Federation (hereinafter - qualification requirements) conducted by the qualification assessment center in accordance with this Federal Law;

4) assessment tools for conducting an independent assessment of qualifications - a set of tasks, assessment criteria used by qualification assessment centers when conducting a professional examination;

5) register of information on the conduct of an independent qualification assessment - an information resource to ensure the conduct of an independent qualification assessment (hereinafter referred to as the register);

6) council for professional qualifications - a management body vested in accordance with this Federal Law with the authority to organize an independent assessment of qualifications for a certain type of professional activity;

7) applicant - an employee or a person applying for a certain type of labor activity who has applied, including at the direction of the employer, to the qualification assessment center to confirm his qualifications in the manner established by this Federal Law;

8) qualification assessment center - a legal entity that, in accordance with this Federal Law, carries out activities to conduct an independent qualification assessment.

Article 3. Participants in the independent qualification assessment system

Participants in the independent qualification assessment system are:

1) national council;

2) national agency for the development of qualifications;

3) advice on professional qualifications;

4) qualification assessment centers;

5) employers;

6) applicants;

7) the federal executive body that carries out the functions of developing and implementing state policy and legal regulation in the field of labor (hereinafter referred to as the authorized executive body).

Article 4. Conducting an independent assessment of qualifications

1. An independent assessment of qualifications is carried out in the form of a professional exam by the qualification assessment center in the manner established by the Government of the Russian Federation.

2. A professional examination is carried out on the initiative of the applicant at the expense of the applicant, other individuals and (or) legal entities, or at the direction of the employer at the expense of the employer in the manner established by labor legislation.

3. To pass a professional exam, a written application of the applicant according to the established form, submitted in person, through a legal representative or in the form of an electronic document using public information and telecommunication networks, including the Internet, a copy of the passport or a copy of another identification document, as well as other documents necessary for the applicant to pass a professional exam for the relevant qualification, information about which is contained in the register.

4. Based on the results of passing the professional exam, the qualification assessment center issues a certificate of qualification to the applicant within thirty days, and in case of receiving an unsatisfactory grade during the professional exam, a conclusion on passing the professional exam, including recommendations for the applicant. During this period, the results of an independent assessment of the applicant’s qualifications are checked, processed and recognized by the Council for Professional Qualifications.

5. Information on issued qualification certificates is entered into the register by the national qualifications development agency.

6. The applicant, employer, other individuals and (or) legal entities specified in part 2 of this article who do not agree with the decisions made by the qualification assessment center based on the results of passing the professional exam, within thirty calendar days from the date of informing them about the results of passing the professional examination in the manner established by the regulations on the appeal commission for the consideration of complaints related to the results of the professional examination and the issuance of a certificate of qualification, has the right to submit a written complaint to the appeal commission of the council for professional qualifications.

Article 5. National Council

1. Coordination of the activities of federal executive bodies, associations of employers, trade unions (their associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations in the field of independent qualification assessment is carried out by the national council .

2. The national council includes representatives of government bodies of the Russian Federation, all-Russian and other associations of employers, all-Russian trade unions (their associations), associations (unions) and other organizations representing and (or) uniting professional communities, educational, scientific and other organizations.

3. The powers of the national council and its composition are determined by this Federal Law and the decree of the President of the Russian Federation.

4. The publication of regulatory legal acts of the Russian Federation on issues of independent assessment of qualifications is carried out after consideration and approval of these acts by the national council.

Article 6. National agency for the development of qualifications

National Agency for the Development of Qualifications:

1) provides organizational, methodological, expert and analytical support for the activities of the national council, councils for professional qualifications and qualification assessment centers;

2) prepares proposals for the national council to empower professional qualifications councils to organize an independent assessment of qualifications for a certain type of professional activity, as well as to terminate such powers;

3) organizes the formation and maintenance of the register;

4) approves, on the basis of proposals from councils for professional qualifications, the names of qualifications and qualification requirements for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam, after approval of these proposals by the national council, introduces the information contained in the specified documents in the register;

5) provides information and consultation to participants in the independent qualification assessment system on issues of its implementation in accordance with this Federal Law;

6) performs other functions in accordance with this Federal Law.

Article 7. Council for Professional Qualifications

1. The Council for Professional Qualifications is created by decision of the national council to conduct an independent assessment of qualifications for a certain type of professional activity in order to develop a system of independent assessment of qualifications at the all-Russian level.

2. The Council for Professional Qualifications is created on the basis of all-Russian and other associations of employers, associations (unions) and other organizations representing and (or) uniting professional communities, and by decision of the national council is vested with the authority to organize an independent assessment of qualifications for a certain type of professional activity . The Council for Professional Qualifications also includes representatives of trade unions (their associations), educational, scientific and other organizations.

3. The Council for Professional Qualifications, in order to carry out its activities, develops a regulation based on the approximate regulations on the Council for Professional Qualifications and approves it.

4. Council for professional qualifications for a certain type of professional activity:

1) approves assessment tools for the relevant qualifications, which are used by qualification assessment centers when conducting a professional exam for the relevant qualification;

2) submits to the national agency for the development of qualifications draft names of qualifications and requirements for qualifications, for compliance with which it is planned to conduct an independent assessment of qualifications, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

3) selects organizations to perform the functions of qualification assessment centers, empowers them to conduct an independent assessment of qualifications and sends information about the decision made to the national agency for the development of qualifications for inclusion in the register;

4) determines for each qualification assessment center the names of qualifications for which an independent assessment of qualifications will be carried out, and sends information about such names to the national agency for the development of qualifications for their inclusion in the register;

5) monitors the activities of qualification assessment centers and controls their activities;

6) makes a decision to terminate the powers of qualification assessment centers and sends information about the decision made to the national agency for the development of qualifications for inclusion in the register;

7) checks, processes and recognizes the results of an independent qualification assessment, makes a decision on the issuance of qualification certificates by the qualification assessment center and sends information on issued qualification certificates to the national qualifications development agency for its inclusion in the register;

8) carries out an independent assessment of qualifications by decision of the national council;

9) creates an appeal commission to consider complaints related to the results of the professional examination and the issuance of a certificate of qualification, and organizes its activities.

5. Financial support for the activities of the council for professional qualifications is carried out at the expense of the own funds of the legal entity on the basis of which it was created, and other sources not prohibited by the legislation of the Russian Federation.

Article 8. Qualifications Assessment Center

1. The Qualifications Assessment Center conducts an independent assessment of qualifications. The list of qualifications is determined for the relevant qualification assessment center by the professional qualifications council.

2. The Qualifications Assessment Center conducts professional exams.

3. The powers of the qualification assessment center may be terminated in the event of:

1) non-compliance of the activities of the qualification assessment center with the established requirements;

2) repeated violation by the qualification assessment center of the procedure for conducting professional exams;

3) the qualification assessment center submits obviously false information during the selection process and vests it with the authority to conduct an independent assessment of qualifications, monitor or control its activities;

4) receipt from a legal entity of an application to terminate, on its own initiative, the exercise of the powers of the qualification assessment center;

5) liquidation of a legal entity in the manner prescribed by the civil legislation of the Russian Federation.

4. When a legal entity terminates the powers of a qualifications assessment center in the cases provided for in Part 3 of this article, information about the qualifications assessment center is excluded from the register by the national agency for the development of qualifications no later than five working days from the date the professional qualifications council makes a decision to terminate these powers.

5. If a legal entity terminates the powers of the qualification assessment center, the professional qualifications council ensures the fulfillment of outstanding obligations to applicants for whom the independent qualification assessment procedure has not been completed.

6. Financial support for the activities of the qualification assessment center is carried out at the expense of the qualifications assessment center’s own funds and other sources not prohibited by the legislation of the Russian Federation.

Article 9. Powers of the authorized executive body

1. The authorized executive body exercises the following powers:

1) approves the approximate regulations on the council for professional qualifications and the procedure for vesting the council for professional qualifications with powers to organize an independent assessment of qualifications for a certain type of professional activity and termination of these powers;

2) approves the form of the certificate of qualification and its annexes, technical requirements for the form, the procedure for filling out the form and issuing a duplicate certificate of qualification, as well as the form of the conclusion on passing the professional exam;

3) approves a sample application for an independent assessment of qualifications and the procedure for submitting such an application, including in the form of an electronic document, using public information and telecommunication networks, including the Internet;

4) approves the requirements for qualification assessment centers and the procedure for selecting organizations to vest them with the authority to conduct an independent assessment of qualifications and terminate these powers;

5) approves the regulations on the appeal commission for the consideration of complaints related to the results of passing a professional exam and the issuance of a certificate of qualification;

6) approves the regulation on the development of names of qualifications and qualification requirements, for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of qualification certificates and documents necessary for the applicant to pass a professional exam for the relevant qualification;

7) approves the regulations on the development of assessment tools for conducting independent assessment of qualifications;

8) approves the procedure for forming and maintaining the register, the list of information contained in the register, and the procedure for accessing it;

9) approves the procedure for monitoring and control in the field of independent qualification assessment.

2. The authorized executive body carries out monitoring and control in the field of independent qualification assessment.

Article 10. Information support for independent qualification assessment

1. In order to ensure an independent assessment of qualifications, a register is used, which includes:

1) information on the activities of the national council and the national agency for the development of qualifications regarding issues related to the development of qualifications;

2) information about professional qualifications councils and qualification assessment centers;

3) information about the names of qualifications and qualification requirements for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

4) information about issued qualification certificates;

5) a list of official websites of the national council, the national agency for the development of qualifications, councils for professional qualifications and qualification assessment centers on the Internet;

6) other information, the list of which is determined by the authorized executive body.

2. The National Qualifications Development Agency is responsible for the accuracy and relevance of the information contained in the register.

3. The information contained in the register is public, with the exception of information containing personal data. Access for citizens and organizations to the register is free.

4. The National Agency for the Development of Qualifications, councils for professional qualifications and qualification assessment centers create publicly available information resources containing information about their activities, and provide access to these resources through the use of official websites on the Internet, the list of which is contained in the register .

Article 11. Transitional provisions

If federal laws and other regulatory legal acts of the Russian Federation establish a different procedure for assessing the qualifications of workers or persons applying for a certain type of labor activity than is provided for by this Federal Law (except for the cases provided for in Part 3 of Article 1 of this Federal Law ), application of this procedure is allowed until July 1, 2019.

Article 12. Entry into force of this Federal Law

President of Russian Federation

"On independent assessment of qualifications"

Revision dated 07/03/2016 — Valid from 01/01/2017

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT INDEPENDENT ASSESSMENT OF QUALIFICATIONS

Article 1. Subject of regulation of this Federal Law

4. This Federal Law does not apply to citizens applying for civil service positions and civil servants.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts apply:

8) qualification assessment center - a legal entity that, in accordance with this Federal Law, carries out activities to conduct an independent qualification assessment.

Article 3. Participants in the independent qualification assessment system

Participants in the independent qualification assessment system are:

1) national council;

2) national agency for the development of qualifications;

3) advice on professional qualifications;

4) qualification assessment centers;

5) employers;

6) applicants;

Article 4. Conducting an independent assessment of qualifications

5. Information on issued qualification certificates is entered into the register by the national qualifications development agency.

3. The powers of the national council and its composition are determined by this Federal Law and the decree of the President of the Russian Federation.

Article 6. National agency for the development of qualifications

National Agency for the Development of Qualifications:

1) provides organizational, methodological, expert and analytical support for the activities of the national council, councils for professional qualifications and qualification assessment centers;

3) organizes the formation and maintenance of the register;

5) provides information and consultation to participants in the independent qualification assessment system on issues of its implementation in accordance with this Federal Law;

6) performs other functions in accordance with this Federal Law.

4. Council for professional qualifications for a certain type of professional activity:

1) approves assessment tools for the relevant qualifications, which are used by qualification assessment centers when conducting a professional exam for the relevant qualification;

5) monitors the activities of qualification assessment centers and controls their activities;

8) carries out an independent assessment of qualifications by decision of the national council;

9) creates an appeal commission to consider complaints related to the results of the professional examination and the issuance of a certificate of qualification, and organizes its activities.

Article 8. Qualifications Assessment Center

2. The Qualifications Assessment Center conducts professional exams.

3. The powers of the qualification assessment center may be terminated in the event of:

1) non-compliance of the activities of the qualification assessment center with the established requirements;

2) repeated violation by the qualification assessment center of the procedure for conducting professional exams;

4) receipt from a legal entity of an application to terminate, on its own initiative, the exercise of the powers of the qualification assessment center;

5) liquidation of a legal entity in the manner prescribed by the civil legislation of the Russian Federation.

Article 9. Powers of the authorized executive body

1. The authorized executive body exercises the following powers:

5) approves the regulations on the appeal commission for the consideration of complaints related to the results of passing a professional exam and the issuance of a certificate of qualification;

6) approves the regulation on the development of names of qualifications and qualification requirements, for compliance with which an independent assessment of qualifications is carried out, indicating the validity periods of certificates of qualifications and documents necessary for the applicant to pass a professional exam for the relevant qualification;

7) approves the regulations on the development of assessment tools for conducting independent assessment of qualifications;

8) approves the procedure for forming and maintaining the register, the list of information contained in the register, and the procedure for accessing it;

9) approves the procedure for monitoring and control in the field of independent qualification assessment.

2. The authorized executive body carries out monitoring and control in the field of independent qualification assessment.

Article 10. Information support for independent qualification assessment

1. In order to ensure an independent assessment of qualifications, a register is used, which includes:

1) information on the activities of the national council and the national agency for the development of qualifications regarding issues related to the development of qualifications;

2) information about professional qualifications councils and qualification assessment centers;

4) information about issued qualification certificates;

6) other information, the list of which is determined by the authorized executive body.

2. The National Qualifications Development Agency is responsible for the accuracy and relevance of the information contained in the register.

3. The information contained in the register is public, with the exception of information containing personal data. Access for citizens and organizations to the register is free.

Article 11. Transitional provisions

If federal laws and other regulatory legal acts of the Russian Federation establish a different procedure for assessing the qualifications of employees or persons applying for a certain type of labor activity than is provided for by this Federal Law (except for the cases provided for in Article 1 of this Federal Law), Application of this procedure is allowed until July 1, 2019.

Article 12. Entry into force of this Federal Law

The president
Russian Federation
V. PUTIN

Moscow Kremlin