On reimbursement of training costs

In accordance with Article 2 of the Education Code of the Republic of Belarus (hereinafter referred to as the Education Code), one of the main directions of state policy in the field of education is to ensure the rights, freedoms, and legitimate interests of citizens in the field of education, including the right to education at the expense of the republican and (or) local budgets, as well as on a paid basis.

According to Article 84 of the Education Code, graduates who are assigned a place of work are obliged to work for the mandatory period of employment by assignment.

Article 88 of the Education Code provides for the reimbursement to the republican and (or) local budgets of funds spent by the state on training a scientist of higher qualification at the expense of the republican budget, by an agreement on targeted training of a specialist (worker, employee) and who have not worked the established period of mandatory employment.

By receiving education at the expense of the state, a graduate, upon completion of studies, is obliged to work for the employer to whom the educational institution will send him/her. In case of refusal to work, the graduate shall reimburse the state the cost of his/her education.

However, a separate category of graduates is exempted from reimbursing the funds spent by the state on their training. For example, orphans and children left without parental care, disabled children, persons with medical contraindications for work in their acquired specialty, pregnant women, persons with benefits in accordance with Article 18 of the Law of the Republic of Belarus "On Social Protection of Citizens Affected by the Chernobyl Disaster and Other Radiation Accidents," and some others. Cases of exemption of graduates working under assignment from reimbursement of funds are also provided for if the employment contract with them is terminated.

in connection with the employer's violation of labor legislation, collective or employment contract (Article 41 of the Labor Code), if it is impossible to provide them with a new job through redistribution, subsequent assignment to work, etc.

The claims regarding the necessity of reimbursement of funds spent on training also apply to persons who studied or received education in specialties for the internal affairs bodies of the Republic of Belarus, the Investigative Committee of the Republic of Belarus, the financial investigation bodies of the State Control Committee of the Republic of Belarus, and the emergency response bodies and units of the Republic of Belarus.

The procedure for reimbursement of funds is determined by calculation for the entire period of the graduate's training.

In some cases, the grounds and procedure for reimbursement of training expenses are stipulated in specialist training agreements concluded between applicants, educational institutions, and employers.

As a rule, under the terms of such agreements, in case of their early termination without valid reasons, the need to reimburse the funds spent on training arises in full for the entire training period. Refusal to reimburse them voluntarily entails filing lawsuits in court against such persons.

In 2018, the prosecutor of the region, in the interests of the state, filed 4 lawsuits for the reimbursement of funds spent on training specialists for law enforcement agencies into the budget, totaling 41689.23 rubles. All lawsuits were considered by the courts of the region and fully satisfied. In the current year, 3 lawsuits have been filed for a total amount of 52903.87 rubles.

For example, back in 2010, the Department of Internal Affairs of the Vitebsk Regional Executive Committee and the Educational Institution "Academy of the Ministry of Internal Affairs of the Republic of Belarus" concluded a contract with V. for the period of study and service in the internal affairs bodies of the Republic of Belarus. Upon completion of his studies, V. was employed by the Investigative Committee of the Republic of Belarus. The term of the contract, under which he was supposed to

worked, expired in 2020. However, in 2018, V. was dismissed due to committing misconduct that served as grounds for early termination of the contract. By court decision, based on the claim of the regional prosecutor, funds in the amount of 19015.59 rubles were recovered from V.

Deputy Head of the Department for Supervision of Compliance with the Law of Judicial Decisions in Civil Cases A. Sashcheko.