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Russian legislation in the field of education
The legislation of the Russian Federation in the field of education is formed by normative legal acts of various legal force. It includes the Constitution of the Russian Federation, federal laws, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of constituent entities of the Russian Federation in the field of education.
The objectives of the legislation of the Russian Federation in the field of education are:
1) the delimitation of competences in the field of education between federal executive bodies, executive bodies of constituent entities of the Russian Federation and local authorities;
2) ensuring and protecting the constitutional right of citizens of the Russian Federation to education;
3) the creation of legal guarantees for the free functioning and development of the education system of the Russian Federation;
4) determination of the rights, duties, powers and responsibilities of individuals and legal entities in the field of education, as well as the legal regulation of their relations in this field.
The Constitution of the Russian Federation contains a number of important provisions for the development of legislation on education. The Constitution of the Russian Federation in Art. 43 guarantees everyone the right to education, accessibility and free pre-school, basic general and secondary vocational education in state or municipal educational institutions and enterprises.
It is also envisaged that everyone is entitled to receive higher professional education on a competitive basis free of charge. Basic general education is compulsory. Parents or their substitutes must ensure that children achieve this educational qualification. The Russian Federation establishes federal state educational standards, supports various forms of education and self-education.
Obviously, the nature of the right to education predetermines its connection with many of the fundamental constitutional rights and freedoms. Some of them are implemented in the process of obtaining education and therefore are directly related to the system of rights and freedoms exercised in the field of education.
These include, in particular: the right to freedom of thought and speech (part 1 of article 29); the right to freely seek, receive, transmit, produce and disseminate information by any legal means (part 4 of article 29); the right to access to cultural property (part 2 of article 44); the right to freely choose the type of activity and profession (part 1 of article 37); the right to freely choose religious and other beliefs and act in accordance with them (Article 28), as well as the right to association (part 1 of Article 30).
In addition, the right to education is closely connected with the right to work (part 3 of article 37), since education opens up wide opportunities for professional activity. Through education, a person can really enjoy the freedom of “literary, artistic, scientific, technical and other types of creativity, teaching” (part 1 of article 44).
In the same way, the freedom of the mass media (clause 5 of article 29) and the right to “access to cultural property” (part 2 of article 44) will be fully realized only by educated people. The availability of appropriate education contributes to the realization of the right to “entrepreneurial and other economic activities not prohibited by law” (part 1 of article 34). A full-fledged education significantly expands the capabilities of citizens to exercise their right to participate in the management of state affairs (part 1 of article 32).
It would not be an exaggeration to say that the right to education within the framework of the considered concept is one of the connecting elements in the system of fundamental rights and freedoms that form the basis of the constitutional system of Russia. For the realization of certain rights and freedoms, the realization of the right to education is the basis and precondition.
At the same time, without a whole series of rights and freedoms it is impossible to fully use the very right to education. Thus, speaking, on the one hand, as freedom and social law, on the other - as one of the connecting elements of the system of fundamental human rights and freedoms, the right to education represents the foundation, the basic element on which the system of rights and freedoms in education is built .
The next level of normative acts in the system of educational legislation is federal laws. The central place in the system of federal laws in this area is occupied by the Federal Law of the Russian Federation dated December 29, 2012 No. 273-ФЗ “On Education in the Russian Federation”. It forms the basis of the educational legislation of the Russian Federation.
Other federal laws that regulate certain issues of the functioning of the education system as a whole or its individual elements, including codes that are the main sources of industries whose norms are involved in the legal regulation of relations in the field of education (Civil, Labor, Family and other codes). Relations in the field of education are also regulated by other legislative acts.
In particular, guarantees of the right of the child to education are regulated by the Federal Law of July 24, 1998 No. 124-ФЗ “On Basic Guarantees of the Rights of the Child in the Russian Federation”. A number of norms relating to the educational process are enshrined in the Federal Law “On Additional Guarantees for the Social Protection of Orphans and Children Left Without Parental Care” . Some features of the pension provision of teachers are regulated by the Federal Law “On Labor Pensions”.
Participants in the educational process. Rights and obligations of participants in the educational process .
The Law “On Education in the Russian Federation” determines that “ education is a single focused process of education and training, which is a socially significant good and carried out in the interests of a person, family, society and the state, as well as the totality of acquired knowledge, skills, value attitudes, experience activities and competencies of a certain volume and complexity for the purpose of intellectual, spiritual, moral, creative, physical and (or) professional development of a person, satisfaction of his educational needs and interests "(p. 1, v. 2).
At the same time, “ upbringing ” is “an activity aimed at developing a person, creating conditions for self-determination and socialization of a student on the basis of sociocultural, spiritual and moral values and socially accepted rules and norms of behavior in the interests of man, family, society and the state” (p. 2, Art. 2.), “ training ” - “a focused process of organizing the activities of students in mastering knowledge, skills, competencies, gaining experience, developing abilities, gaining experience in applying knowledge in everyday life and the formation of students' motivation to receive education throughout life "(paragraph 3 of article 2)
The educational process is a complex social phenomenon with a large number of participants. The Law “On Education in the Russian Federation” defines the following participants in educational legal relations: students, parents (legal representatives) of minor students, teachers and their representatives, organizations engaged in educational activities (Clause 31, Article 2).
A student is an individual mastering an educational program (Clause 15, Article 2). The legislation specifically distinguishes students with disabilities - “an individual who has deficiencies in physical and (or) psychological development, is confirmed by the psychological, medical and pedagogical commission and prevents education without creating special conditions” (part 16 of article 2).
Pedagogical worker - an individual who has labor, official relations with an organization engaged in educational activities, and performs the duties of training, educating students and (or) organizing educational activities (Clause 21, Article 2)
Organizations engaged in educational activities - educational organizations, as well as organizations providing training. For the purposes of this Federal Law, organizations engaged in educational activities are equated with individual entrepreneurs engaged in educational activities, unless otherwise provided by this Federal Law (Clause 20, Article 2). Legislation distinguishes between educational organizations and organizations engaged in training.
There is a significant difference between them, because for an organization providing training, educational activities are only an additional type of activity:
- educational organization - a non-profit organization that carries out educational activities on the basis of a license as the main activity in accordance with the goals for the achievement of which such an organization was created (paragraph 18 of article 2)
- the organization providing training - a legal entity carrying out, on the basis of a license, educational activities as an additional type of activity along with the main activity (Clause 19, Article 2);
What are the rights and obligations of participants in the educational process. Actually, the rights and obligations of participants in the educational process are enshrined in a number of articles of the Federal Law "On Education in the Russian Federation", but before you get acquainted with this most important legal act, you should remember the general rights of children.
So, from the moment of birth, the child has the right:
- in the name, patronymic and last name (part 1, 2 of article 19 of the Civil Code of the Russian Federation, article 58 of the Family Code of the Russian Federation);
- for citizenship (Articles 4, 9 of the Federal Law “On Citizenship of the Russian Federation” dated 05.31.2002 No. 62-FZ);
- has legal capacity under civil law (part 2 of article 17 of the Civil Code of the Russian Federation);
- live and be raised in a family, know your parents, receive protection from them of their rights and legitimate interests (part 2 of article 54 of the Family Code of the Russian Federation);
- to comprehensive development and respect for human dignity, etc.
From 6 years old, the child receives the right :
- make small household transactions;
- make transactions on the disposal of funds provided by parents or other people, with the consent of the parents for a specific purpose or for free disposal (Article 28 of the Civil Code of the Russian Federation)
From the age of 8, he already has the right to participate in children's public associations (Sub. 5, Part 2, Article 19 of the Federal Law “On Public Associations” dated 05.05.1995 No. 85-ФЗ).
From 10 years old, a child in the Russian Federation:
- agrees to change his name and (or) last name (part 4 of article 59 of the Family Code of the Russian Federation);
- gives consent to his adoption or transfer to a foster family (part 1 of article 132 of the Family Code of the Russian Federation);
- expresses his opinion about which of the parents divorcing the marriage in court, he would like to live after a divorce (part 4 of article 59 of the Family Code of the Russian Federation);
- the right to be heard in the course of any judicial or administrative proceedings (Article 57 of the Family Code of the Russian Federation).
From the age of 14, there is a significant expansion of the rights of the child, but responsibilities also appear. He can already:
- get a passport of a citizen of the Russian Federation;
- independently apply to the court to protect their rights;
- give consent to change their citizenship together with their parents (part 2 of article 9 of the Federal Law “On Citizenship of the Russian Federation” dated 05.31.2002 No. 62-ФЗ);
- choose a place of residence (with the consent of parents or legal representatives) (Article 26 of the Civil Code of the Russian Federation);
- independently manage their earnings, scholarships, other income (part 2 of article 26 of the Civil code of the Russian Federation);
- make contributions to credit institutions and dispose of them (part 2 of article 26 of the Civil Code of the Russian Federation);
- enter the work with the consent of one of the parents;
- demand the cancellation of adoption in cases specified in the law;
- independently exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity;
- be subject to criminal liability for certain crimes (murder, robbery, theft, extortion, etc.);
- be liable for property transactions concluded, as well as for causing property damage;
- join youth public associations;
- manage a bicycle while driving on roads, learn to drive a motorcycle.
From 15 years the right is added:
- work with the consent of the trade union, not more than 24 hours a week on preferential terms provided for by labor legislation
From 16 years the following rights and obligations are added:
- marry if there are good reasons with the permission of the local government;
- work no more than 36 hours a week on preferential terms provided for by labor legislation; to be a member of a cooperative;
- manage a moped when driving on roads, learn to drive a car on the roads in the presence of an instructor;
- may be declared, in the manner prescribed by law, fully capable (emancipation), if he works under an employment contract or is engaged in entrepreneurial activity;
- subject to administrative liability for offenses in a special manner (through the commission on minors); for some offenses bears administrative responsibility in the general manner;
- bears criminal liability for any crimes.
At the age of 18, a citizen of the Russian Federation becomes an adult, fully capable, that is, he can have and acquire by his actions all rights and obligations, as well as bear full responsibility for his actions.
So, article 5 of the Federal Law “On Education in the Russian Federation” enshrines the basic norms related to the right to education. This is indicated by the title of the article: “The right to education. State guarantees for the implementation of the right to education in the Russian Federation. ” Let's get acquainted with the text of the article.
1. In the Russian Federation, the right of everyone to education is guaranteed.
2. The right to education in the Russian Federation is guaranteed regardless of gender, race, nationality, >
3. In the Russian Federation, accessibility and gratuity are guaranteed in accordance with federal state educational standards for pre-school, primary general, basic general and secondary general education, secondary vocational education, as well as on a competitive basis, free higher education, if a citizen receives education at this level for the first time.
4. In the Russian Federation, the realization of the right of every person to education is ensured by the creation by the federal state bodies, state authorities of the constituent entities of the Russian Federation and local governments of the corresponding socio-economic conditions for its obtaining, expanding the possibilities to satisfy the human needs for education of different levels and directions throughout life. "
A number of subsequent articles of the Law specify the basic rights of participants in the educational process.
The basic rights of students can be divided into the following groups :
1) constitutionally enshrined (Articles 28, 29, 30, 44 of the Constitution of the Russian Federation) civil liberties and rights (the right to respect for human dignity, protection from all forms of physical and mental violence, insults), which are used by students in educational legal relations;
2) the rights and freedoms that characterize students as an independent subject of educational legal relations arising from the characteristics of the educational process (the right to master, in addition to educational subjects, courses, disciplines (modules) in the mastered educational; transfer to receive education in another profession, specialty and (or ) the direction of training in another form of education; the transition from paid education to free education; transfer to another educational organization (after receiving basic general education); establishment for education in an educational organization; training according to an individual curriculum, including for an accelerated course of study, within the framework of a mastered educational program; the choice of an organization that carries out educational activities, and the forms of education and forms of training after receiving basic general education, etc. );
3) specification of the right to health protection (Article 41 of the Constitution of the Russian Federation) upon receipt of education (provision of conditions for training, taking into account the peculiarities of their psychophysical development and state of health; protection of life and health during the educational process, etc.);