AND LEGITIMATE INTERESTS
§1. Students and their legal status: general characteristics. Students and their categories. The concept of the legal status of the student. General legal status of students. § 2. The legal status of students in educational institutions of preschool and general education levels. The legal status of students in educational institutions of preschool education. Rights, freedoms, legitimate interests and obligations of schoolchildren. Legal guarantees of the rights and legitimate interests of schoolchildren. Student offenses: types, causes, prevention. § 3. Legal Status of Students of Primary and Secondary Vocational Education Institutions. Rights, freedoms, legitimate interests and obligations of students of educational institutions of primary vocational education. Rights, freedoms, legitimate interests and obligations of students of educational institutions of secondary vocational education. Legal guarantees of the rights and legitimate interests of students. § 4. Legal status of university students. Rights, freedoms, legitimate interests, duties of students. Legal guarantees of the rights and legitimate interests of students. §5. Legal status of students in the system of postgraduate and additional professional education. Rights, freedoms, legitimate interests, duties of students. Legal guarantees of the rights and legitimate interests of students.6. Legal responsibility of students: grounds, types, order of laying.
§1. Students and their legal status:
general characteristics
Students and their categories. The circle of participants in educational relations is extremely wide - from individuals to institutions and organizations, from state bodies to public associations. All of them occupy their well-defined place in the educational system, play their equally definite role in it, which determines the originality of their status as an element of this system. A special place among them is occupied by students– from students of general education schools to students and students of higher educational institutions.
However, as previously noted, in the official legislative definition of the concept of the education system (8 of the Law of the Russian Federation “On Education”), students, as well as teachers, are not included by the legislator in the composition of the elements of the education system of the Russian Federation. This approach seems to be erroneous for the sole reason that the interpretation of the system of law without the main participants in education - students and teachers - gives grounds for a certain opposition to their governing bodies, educational standards, educational programs, educational institutions, which form, according to the legislation, proper educational system.
In various pedagogical dictionaries and textbooks on pedagogy, the term "student" and the concept of the same name practically do not occur and are not disclosed. The need for this, both scientific and practical, is more than obvious, since it is clearly not enough to consider any individual who sets himself the goal (or faces the goal set before him) of receiving education as a way and means of his socialization. Without going into all the features of this problem, under students in what follows, we will assume an individual who is the owner and bearer of the constitutional right to education, relevant legitimate interests, having universal and / or special educational legal personality (legal capacity and capacity), acting as the subject of educational activities, goals, content, forms, the process of which is mediated by managerial, organizational, legal, pedagogical and other norms, principles, means and methods. As you can see, this concept covers almost the entire circle of people who are trained in the organizational form and procedure established by law. Nevertheless, we can agree with the position that those who are studying in the system of postgraduate professional education (master's, postgraduate, doctoral studies) do not need to be included in the category of students in the above sense [,50].
Based on this interpretation of the concept of "students", it is possible to distinguish their various categories, which can be based on various criteria.
Yes, in accordance with types and types of educational institutions, levels of education, the following categories of students with different legal status can be distinguished:
students, pupils of preschool educational institutions;
schoolchildren, lyceum students, gymnasium students (students of general educational institutions);
students of evening (shift) educational institutions;
pupils of general education boarding schools;
cadets (students, pupils of cadet schools and cadet boarding schools);
pupils of educational institutions for orphans and children left without parental care;
pupils of special educational institutions for children and adolescents with deviant behavior;
students, pupils of educational institutions for children in need of psychological, pedagogical and medical and social assistance;
students, pupils of educational institutions for students, pupils with developmental disabilities;
students, pupils of educational institutions of a sanatorium type for children in need of long-term treatment;
students, pupils of educational institutions of additional education for children;
students, lyceum students of educational institutions of primary vocational education;
students, cadets, students of educational institutions of secondary vocational education;
students of an educational institution of additional professional education (advanced training of specialists);
students of educational institutions of higher professional education;
students in the system of postgraduate professional education (undergraduates, graduate students, doctoral students, applicants.
According with forms of education The following categories of students can be distinguished:
* full-time students;
* students in part-time education;
* students in the evening form of education;
* externals;
* studying in the family;
depending on the method of financing educational services students can be divided into the following categories:
1) students whose education is financed from the federal budget, the budgets of the subjects of the federation, municipal budgets;
2) students whose education is financed at the expense of individuals and legal entities. The same category may include students who have entered into agreements with legal entities that pay for their education in educational institutions. The education of this category of students is regulated, in addition to the regulatory legal acts of the Russian Federation, by agreements concluded between the student and the educational institution.
The concept of the legal status of the student. Under legal status of an individual (citizen) in legal science is usually understood as a set of legally enshrined rights, freedoms and duties of an individual (person), expressing his connection with the state. The structure of the legal status is quite complex, since it includes:
· Legal norms (norms of the current legislation).
· Legal rights and obligations (the main element constituting the semantic and content core of the legal status).
· Citizenship.
· Legal personality of the given subject of legal relations.
· Legal (general and special) guarantees for the exercise of legal rights and obligations.
· Legitimate interests of the given subject (ie the interests mediated by norms of the current legislation and first of all the Constitution).
· Legal liability (it can also be considered as one of the varieties (measure) of legal guarantee).
· Legal (general, intersectoral and sectoral) principles on the basis of which and in accordance with which the legal status is established and regulated (changed).
In addition to the structure, it is important to characterize the types of legal status, determined by the peculiarities of the content of the latter. Among these types are general, special (generic) And individual legal statuses expressing the peculiarities of the position (place and role) of a given subject in the system of social relations. In this regard, situations are possible when the general legal status from a different point of view (criterion) can be considered as a special status, and, say, an individual legal status can have many of its specific manifestations in other socio-legal dimensions.
With regard to the interpretation of the content and structure of the legal status of the subject of educational legal relations, including the student, there are two components of this status - general And optional. The general part is formed by the general rights, duties and responsibilities of the student, due to his stay in the educational institution, and fixed in the charter of the educational institution. The optional part is formed depending on a number of current circumstances: the educational level of the student, the educational programs being implemented, the content of the contract for the provision of educational services, etc.
It is important to emphasize that the entry of an individual into the number of students does not entail any restrictions in his general legal status of a citizen, since he receives additional social and administrative-legal guarantees from the state to exercise his constitutional right to education.
The legal status of students is determined in the Law of the Russian Federation "On Education" (Article 50), in the model provisions on the relevant educational institutions and in the local acts of the educational institution and, above all, in its charter.
The concept of the legal status of a student as an authorized person is inextricably linked with the implementation of his subjective rights on the:
Possibility of certain permitted behavior;
The ability to demand from an obligated person (educational institution, teacher) a certain behavior that follows from his obligation.
Opportunity to apply to state bodies for the protection of their violated rights.
In relation to the student, this means that the state establishes for him a certain measure of permissible behavior in the educational sphere and must ensure that he is able to exercise his right. In addition, the student receives from the state the right to demand from the relevant state educational authorities and other participants in the educational process certain behavior that the law prescribes to them. Also, the student (or his parents, legal representatives) as an authorized person gets the opportunity to apply to state bodies for the protection of their rights. It can be both executive authorities in the field of education and judicial instances.
The Law of the Russian Federation "On Education" (Article 50) establishes the basic rights of students, the most significant of which include:
· Adult citizens of the Russian Federation have the right to choose an educational institution and form of education.
· The right to receive education in accordance with state educational standards, to study within these standards according to individual curricula, to an accelerated course of study.
· The right to free use of library and information resources of libraries.
· The right to receive additional (including paid) educational services.
· The right to participate in the management of an educational institution.
The right to respect for one's human dignity.
· The right to freedom of conscience, information, free expression of one's own opinions and beliefs.
· The right to receive for the first time free primary general, basic general, secondary (complete) general, primary vocational education and, on a competitive basis, secondary vocational, higher vocational and postgraduate vocational education in state or municipal educational institutions within state educational standards.
· Students, pupils of civil educational institutions have the right to free attendance at events not provided for by the curriculum.
· The right to transfer to another educational institution that implements an educational program of the appropriate level, with the consent of this educational institution and their successful certification.
An integral part of the legal status of a student is legal obligation as a measure of proper behavior provided by the state. Proper behavior includes the following components.
1. The obligation to refrain from certain actions.
2. Performing certain actions in the interests of an authorized person.
3. The obligation to endure adverse consequences for the offense committed.
The obligations of the student also include the performance of certain actions prescribed by regulatory legal acts, which are performed in relation to the authorized persons specified in the law. These can be teachers, educators, lecturers, employees of higher educational institutions, employees of dormitories, security guards in the divisions of a higher educational institution and other persons expressly specified in regulatory legal acts.
For non-fulfillment of the duties assigned to him, the excess of the rights of the student may incur responsibility and suffer adverse consequences specified in regulatory legal acts. It may be subject to the sanctions set forth in them. These consequences include, first of all, disciplinary measures (reprimand, severe reprimand, etc.) or expulsion of a student from an educational institution, which can be called the most difficult consequence for him of failure to fulfill the obligations established by regulatory legal acts. The rights, duties and responsibilities of students are established mainly in the charter of the educational institution, its internal regulations, as well as in the education agreement between the student (his parents or legal representatives) and the educational institution.
Thus, the legal status of the student is based on his rights, duties and responsibilities enshrined in legislation and other regulatory legal acts. In addition, the specifics of the legal status of the student are determined by such factors as:
the status of the educational institution - state or non-state (accredited or not);
departmental affiliation of the educational institution;
source of funding for training - budget funds, individuals or legal entities;
the existence of a contract for education, its content;
individual abilities of the student and the previous level of his education;
entitlement of the student to benefits.
Legal status of students
Higher Education in Russia No. 8, 2004
impossible. And then the question arises: what to teach in the first place? In my opinion, the content of training is determined by the healthcare tasks that the "tomorrow's" doctor will have to solve.
In the basic training of a doctor, natural science rightfully occupies a dominant place, since it reveals the ways and mechanisms of sustainable interaction between a person and the environment. In other words, science education can be considered as the main component of fundamentalization. At the same time, the disciplines included in the professional training program of the future doctor must necessarily be a single whole with a common target function, object of study, construction methodology and be guided by essential interdisciplinary connections.
All this makes it possible to more accurately substantiate the educational paradigm, in which the main object of study for a doctor - a person and his health - should be considered in all the diversity of his relationship with the outside world - social, psychological, environmental, evolutionary. The application of such an integrated approach to the study of a person and his health acts as an essential sign of the fundamentalization of education, revealing the structural and
functional connections of a complex holistic subject of study.
Thus, the integration of natural and medical sciences in the preparation of a doctor becomes the conceptual basis of modern education. At the same time, the emphasis should be placed on the creation of integrative courses that ensure the transition from a disciplinary model of vocational education to a systemic one. The content of training should generally provide classical medical education in combination with deep fundamental (science and humanitarian) training. This is achieved by optimizing the ratio and content of the cycles of various disciplines, educational and industrial practices, term papers in individual disciplines and in the discipline of specialization.
In this regard, the interdisciplinary approach to teaching students is of particular interest. It is he who provides a deep professionalization of the process of training a specialist and at the same time - its fundamentalization.
Literature
1. Balakhonov A.V. Fundamentalization of natural science education as a factor in the formation of the personality of the future doctor // Psychological problems of personality self-realization. Issue. 6. - St. Petersburg, 2002. -S. 248-257.
M. KOCHETKOV, Associate Professor Siberian Law Institute of the Ministry of Internal Affairs
In the theory of education, the conceptual and categorical apparatus is of particular importance. This is due to the practical orientation of this field of knowledge, where the functions it performs largely depend on the content of the conceptual and categorical apparatus taken into account. It is no coincidence that a rare dissertation
Trained or learners?
Ongoing research dispenses with the analysis of basic definitions.
In the modern laws of the Russian Federation "On Education" and "On Higher and Postgraduate Professional Education", instead of the usual 10-15 years ago, the term "trained" ("learners") appears "student" ("students"). Such a change
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The idea was associated with the development of humanistic tendencies in educational theory and practice, and at first glance it seems quite logical: it is necessary to proceed from the creation of such educational conditions that would initiate an independent, self-actualized nature of cognitive activity.
This conceptual and terminological change seems to us incorrect in a number of cases:
1. From the point of view of the content of other concepts that "intersect" with the one under consideration. If it was necessary to change one concept, then the rest should be brought into line, in particular, instead of the concept of “pupil”, use “educated”, however, the Federal Law “On Education” refers to pupils. The concept of "education" is wider than "training", therefore, the change in the etymology of the latter should be consistent with the etymology of the word "education". Since the Federal Law “On Education” contains the concept of “pupil” and not “being educated”, then it would be logical to use the term “trainee” and not “learner” in the same law in similar semantic contexts.
2. In connection with the specifics of the process of education as a phenomenon of purposeful activity of society. The problems of the humanistic plan are primarily due to the interaction of the subjects of the pedagogical process, when the teacher implements a guiding influence on the student.
Recognized authorities, whose educational principles are guidelines for teachers (Komensky Ya.A., Korchak Ya., Makarenko A.S., Ushinsky K.D., etc.), paid exclusive attention to the problems of ensuring discipline, the implementation of punishment, did not exclude them from the arsenal
impact on personality. At the same time, the need to minimize the role of discipline and punishment as an external influence on a person was invariably emphasized. So, on the frontispiece of the "Great Didactics" the inscription reads: "Everything happens due to self-development, violence is alien to the nature of things."
The noted key aspects of the problem of humanization of the educational process are precisely due to its specificity: the need to exert a guiding influence on human development. “Escape” from this specificity at the conceptual and terminological level (the use of the concept of “learner” instead of the concept of “learner”) is not at all a step towards solving the problem, but rather “takes away” from it.
3. Based on the anthropological position in pedagogy, the provision of guiding influence is not an unnatural, inhumanistic phenomenon, since it can relate to the internal dialogue of a person, and not only to interpersonal communication. In this case, the improvement of a person’s abilities for pedagogical influence, self-knowledge, self-organization, optimization of the process of his life as a whole is both a goal and a condition for the effective fulfillment of equally important “roles” of an educator and pupil. If instead of the term "learner" the term "learner" is used, then in this case the equivalence of the noted components of the pedagogical process is leveled.
Thus, changing the term "trained" ("learners") to "trained" ("students") seems to us unjustified. Despite the fact that the noted change was reflected in the Russian legislation of the highest level, it is inappropriate and needs to be adjusted.
Federal Law No. 273-FZ establishes the obligation of students to take care of the property of an organization engaged in educational activities. This rule applies to all categories of students specified in Art. 33 of this Federal Law - pupils, pupils, students, etc.
At the same time, issues of civil liability for damage caused to the property of the organization, as well as issues of compensation for this damage, are regulated by the provisions of civil law.
According to the general rules of art. 1064 of the Civil Code of the Russian Federation, liability for causing harm rests with the person who caused the harm, unless he proves the absence of his guilt. By law, the obligation to compensate for harm may be assigned to a person who is not the tortfeasor. In some cases, compensation for harm is allowed even in the absence of the fault of the tortfeasor.
Special rules have been established with regard to liability for harm caused by minors.
For the harm caused to a minor under the age of fourteen (minor), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm was not caused by their fault. If a minor citizen caused harm during the time when he was temporarily under the supervision of an educational or other organization obliged to supervise him, this organization is liable for the harm caused, unless it proves that the harm arose through no fault of its own when exercising supervision (paragraphs 1 , 3 article 1073 of the Civil Code of the Russian Federation).
So, if a thirteen-year-old school student breaks a window during recess, (intentionally or through negligence), he cannot be held civilly liable, and his parents will only compensate for the damage if the school can exonerate itself of the fault for improper supervision, but in practice such cases are extremely rare. In other words, the damage caused to the school will most likely have to be compensated by the school itself.
Minors between the ages of fourteen and eighteen are independently responsible for the harm caused on a general basis. For example, a 9th grader at the age of 16 painted the wall of the school after school. In this case, his status as a student does not matter - he will have to compensate for the harm at his own expense. If he does not have income or other property sufficient to compensate for the harm, the harm must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, unless they prove that the harm arose through no fault of theirs (paragraphs 1, 2 of Art. 1074 of the Civil Code of the Russian Federation).
Thus, in order to answer the question of compensation for damage caused by students to the property of an educational organization, it is necessary, first of all, to find out the age of the student and establish the circle of persons obliged to supervise him at the time of the damage. Important circumstances are also the form of guilt of the tortfeasor (intention or negligence), the time and place of the offense.
If, in the opinion of the educational organization, the student and (or) his legal representatives should compensate for the harm, but these persons do not want to do this voluntarily, the organization should file a civil lawsuit in court.
According to the established judicial practice, confirmed in the position of the Supreme Court of the Russian Federation (clause 16 “b” of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1), when considering cases of harm caused by minors during the educational process, parents become co-respondents, and educational organizations. In this case, the harm is compensated according to the principle of shared responsibility, depending on the degree of fault of each. According to Art. 28 of the Civil Code of the Russian Federation, minors are citizens who have not reached the age of 14 years.
