Екатерина Чернявская
Соответствующий законопроект1 размещен Минобрнауки России на Федеральном портале проектов нормативных актов. Министерство предлагает предоставлять разрешения на работу иностранным студентам, обучающимся на подготовительных факультетах российских вузов. Исключение составят периоды каникул и случаи, когда иностранный гражданин в свободное от учебы время работает в своей образовательной организации, либо в созданной ею коммерческой структуре (под 6-7 п. 4 cт. 13 Федерального закона от 25 июля 2002 г. № 115-ФЗ «О правовом положении иностранных граждан в Российской Федерации», далее – закон о правовом положении иностранных граждан).
Отметим, что в настоящее время право на работу есть у иностранных студентов, обучающихся в профессиональной образовательной организации по основной профессиональной образовательной программе, имеющей государственную аккредитацию. При это им не требуется разрешение на работу (подп. 4 п. 4.5 ст. 13 закона о правовом положении иностранных граждан).
Кроме того проект предполагает право иностранных студентов, обучающихся по подготовительным программам, продлевать срок временного пребывания в России до окончания освоения дополнительной профессиональной программы. В настоящий момент такая возможность законом не предусмотрена. Сейчас срок временного пребывания обучающегося иностранца может быть продлен на основании ходатайства образовательной организации, имеющей государственную аккредитацию (п. 2 ст. 5 закона о правовом положении иностранных граждан). При этом, как указывает Минобрнауки России, дополнительные образовательные программы подготовительного факультета государственной аккредитации не подлежат. Вследствие этого у иностранных слушателей таких программ отсутствует возможность продлить срок своего временного пребывания в РФ до окончания обучения.
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