academic freedom. Academic freedoms Labor rights and social guarantees

ACADEMIC FREEDOM ACADEMIC FREEDOM is a common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. Federal Law "On Higher and Postgraduate Vocational Education" dated July 19, 1996, teaching staff from among the teaching staff, researchers and students of a higher educational institution are provided with A.S., including the freedom of a pedagogical worker of a higher educational institution to state the educational subject at their own discretion, choose topics for scientific research and conduct them by their own methods, as well as the student to acquire knowledge according to their inclinations and needs. Provided by A.S. entail academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.

Big legal dictionary. - M.: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukharev. 2003 .

See what "ACADEMIC FREEDOM" is in other dictionaries:

    ACADEMIC FREEDOM- the common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. In accordance with the Federal Law of the Russian Federation "On Higher and Postgraduate Professional Education" dated July 19, 1996 ... Legal Encyclopedia

    Academic Freedoms principles according to which freedom of research for students, researchers and faculty of higher educational institutions and research organizations is necessary for them to perform ... ... Wikipedia

    Common name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. In accordance with the Federal Law of the Russian Federation On Higher and Postgraduate Professional Education of July 19, 1996 ... ...

    academic freedom- the generally accepted name for a group of specific rights and freedoms of the individual, implemented in the field of education and scientific research. Federal Law On Higher and Postgraduate Vocational Education dated July 19, 1996 to teaching staff from among ... ... Big Law Dictionary

    ACADEMIC FREEDOM- the right of university teachers to conduct academic work, relying only on their conscience, without restrictions from the state or the church, as well as the right of students to self-government and to organize their studies at their own discretion ... Professional education. Dictionary

    FREEDOM ACADEMIC- ACADEMIC FREEDOM... Legal Encyclopedia

    - (see ACADEMIC FREEDOM) ... encyclopedic Dictionary economics and law

    Rights Theory Natural and legal rights Rights of claim and rights of freedom Negative and positive rights ... Wikipedia

    Rights Theory Natural and legal rights Demand rights and freedom rights Negative and positive rights Individual and group rights ... Wikipedia

Books

  • Memoirs: From the life of the State Council 1907 1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) `From the life of the State Council 1907-1911` were not known to researchers for a long time. Valuable records were found only in ...
  • Memoirs: From the life of the State Council 1907–1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) "From the life of the State Council 1907-1911." have not been known to researchers for a long time. Valuable records were found only ...

Article 47 Rights and freedoms of teachers, guarantees of their implementation

  • checked today
  • law dated 08.01.2020
  • entered into force on 30.12.2012

Art. 47 Law on Education in the latest valid version of August 6, 2019.

There are no new versions of the article that have not entered into force.

Compare with the version of the article dated 01/01/2019 01/01/2016 01/01/2015 12/30/2012

The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by law Russian Federation and legislation of the subjects of the Russian Federation.

The Russian Federation recognizes the special status of teaching staff in society and creates conditions for them to carry out their professional activities. Pedagogical workers in the Russian Federation are granted rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective implementation of professional tasks, increasing the social significance, prestige of pedagogical work.

Teaching staff enjoy the following academic rights and freedoms:

  • 1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;
  • 2) freedom of choice and use of pedagogically sound forms, means, methods of education and upbringing;
  • 3) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module);
  • 4) the right to choose textbooks, teaching aids, materials and other means of training and education in accordance with the educational program and in the manner prescribed by the legislation on education;
  • 5) the right to participate in the development educational programs, including curricula, calendar training schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;
  • 6) the right to carry out scientific, scientific and technical, creative, research activities, participation in experimental and international activities, developments and implementation of innovations;
  • 7) the right to free use of libraries and information resources, as well as access in the manner prescribed by local regulations organization carrying out educational activities, to information and telecommunication networks and databases, educational and teaching materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations engaged in educational activities;
  • 8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;
  • 9) the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization;
  • 10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;
  • 11) the right to associate in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;
  • 12) the right to apply to the commission for the settlement of disputes between participants in educational relations;
  • 13) the right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.

The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the norms of professional ethics of pedagogical workers, enshrined in the local regulations of the organization carrying out educational activities.

Pedagogical workers have the following labor rights and social guarantees:

  • 1) the right to reduced working hours;
  • 2) the right to additional professional education in the field of pedagogical activity at least once every three years;
  • 3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;
  • 4) the right to a long vacation for up to one year at least every ten years of continuous pedagogical work in the manner established by the federal body executive power executing the functions of developing and implementing public policy and regulatory and legal regulation in the field of higher education, in agreement with the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of general education;
  • 5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;
  • 6) the right to provide teaching staff who are registered as in need of residential premises, out of turn residential premises under social rental agreements, the right to provide residential premises of a specialized housing stock;
  • 7) other labor rights, social support measures established federal laws and legislative acts of the subjects of the Russian Federation.

The working hours of teaching staff, depending on the position held, include educational (teaching) and educational work, including practical training of students, individual work with students, scientific, creative and research, as well as other pedagogical work provided for by labor (official) duties and (or) an individual plan - methodological, preparatory, organizational, diagnostic, monitoring work, work provided for by plans for educational, sports and recreational, sports, creative and other events conducted with students. Specific labor (official) duties of teachers are determined by labor contracts (service contracts) and job descriptions. The ratio of educational (teaching) and other pedagogical work within the working week or school year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee.

The mode of working time and rest time of pedagogical workers of organizations engaged in educational activities is determined by the collective agreement, internal labor regulations, other local regulations of the organization engaged in educational activities, employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established depending on the scope of jurisdiction by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of general education, or the federal executive body the authorities exercising the functions of developing and implementing state policy and legal regulation in the field of higher education.

Pedagogical workers living and working in rural settlements, workers' settlements (urban-type settlements) are entitled to compensation for expenses for paying for housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses related to the provision of these measures of social support to teaching staff of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budget appropriations the federal budget, and for teaching staff of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the constituent entities of the Russian Federation and are provided at the expense of budgetary appropriations from the budgets of the constituent entities of the Russian Federation.

Pedagogical workers of educational organizations participating, by decision of the authorized executive authorities, in conducting the state final certification for educational programs of basic general and secondary general education during working hours and released from their main work for the period of the said state final certification, are provided with guarantees and compensations established by labor legislation and other acts containing labor law norms. Pedagogical workers participating in the state final certification for educational programs of basic general and secondary general education are paid compensation for the work on preparing and conducting the said state final certification. The amount and procedure for payment of such compensation are established by the constituent entity of the Russian Federation at the expense of the budgetary appropriations of the budget of the constituent entity of the Russian Federation allocated for the state final certification in educational programs of basic general and secondary general education.

In order to attract graduates of professional educational organizations and educational organizations of higher education to teaching activities, state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support.


Ph.D. Merkushin A.V.

FGBOU VPO "Mordovia State

Institute named after M.E. Evsevyeva"

2) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the educational program being implemented, a separate academic subject, course, discipline (module);

3) the right to participate in the development of educational programs, including curricula, calendar training schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;

4) the right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;

5) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;

6) the right to free use of libraries and information resources, as well as access, in the manner prescribed by local regulations of an organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations engaged in educational activities;

7) the right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.

A number of academic rights of a teacher are associated with the educational organization in which he carries out his activities. Among them:

- the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization;

- the right to participate in the discussion of issues related to the activities of an educational organization, including through management bodies and public organizations;

– the right to join public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

- the right to apply to the commission for the settlement of disputes between participants in educational relations.

The legislator emphasizes that the above academic rights and freedoms should be exercised on the basis of a number of principles:

- with respect for the rights and freedoms of other participants in educational relations;

– requirements of the legislation of the Russian Federation;

- the norms of professional ethics of pedagogical workers, enshrined in the local regulations of the organization carrying out educational activities.

The last principle in the context of its practical implementation often leads to conflict situations between students and teachers. This is largely determined by the subjective perception of the norms of professional ethics by a particular teacher. Thus, the academic rights and freedoms of teaching staff cannot be exercised in violation of the norms of professional ethics, the rights and freedoms of other participants educational process. Academic freedom corresponds to the obligation to use it conscientiously and in accordance with the professional duty of a pedagogical worker, aimed at solving modern tasks facing society, ensuring the preservation of historical and cultural heritage.

Literature

1. Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” // Collection of Legislation of the Russian Federation. - 2012. - No. 53. - Art. 7598.

2. Ageshkina, N. A. Protecting the interests of schoolchildren and students in obtaining education / N. A. Ageshkina. - M. : Omega-L, 2008. - 160 p.

3. Andreev, A. A. Problems of university teachers in the eLearning environment / A. A. Andreev // Higher education in Russia. - 2009. - No. 9. - P. 15–23.

pedagogical worker right duty

Pedagogical workers enjoy the following academic rights and freedoms within the limits established by the Federal Law on Education:

  • - the right to freedom of teaching and discussion, freedom to conduct research, disseminate their results, freely express one's opinions in relation to the organization - the employer or the educational system, freedom from interference in professional activities;
  • - freedom of choice and use of pedagogically sound forms, methods, methods and techniques of teaching, educating and evaluating the development by students of the programs of training courses, subjects, disciplines, modules;
  • - the right to creative initiative, development and application of author's programs and methods of education and upbringing within the limits of the implemented educational program;
  • - selection of textbooks, teaching aids, materials and other teaching aids in accordance with the educational program and in the manner prescribed by the legislation on education;
  • - participation in the development of educational programs, including curricula, calendar training schedules, methodological materials and other components of the educational program of the employer organization;
  • - unhindered access to educational and methodological materials, material and technical means of ensuring the educational process, necessary for the high-quality implementation of professional activities;
  • - free use of libraries and information resources, access to information and communication networks, satellite channels and databases necessary for teaching, scientific or research activities;
  • - the right to working conditions, as far as possible, conducive to effective teaching and educational work, scientific and research activities, providing the possibility of high-quality performance of professional tasks;
  • - free access to the use of the services of educational, educational, methodological, scientific, social, medical and other departments of the organization - the employer;
  • - the right to carry out scientific, scientific and technical, research activities, participate in experimental and international activities, development and implementation of innovations in the manner prescribed by law and (or) local regulations of the employer organization;
  • - participation in the management of an educational organization, including in collegiate self-government bodies in the manner determined by the charter of this organization;
  • - participation in the discussion and resolution of issues related to the activities of an educational organization, including through self-government bodies and public organizations;
  • - the right to unite in public professional organizations, pedagogical communities in the forms and in the manner established by the legislation of the Russian Federation;
  • - engaging in individual pedagogical activities, including for a fee, provided that such activities are carried out outside working hours.

Academic rights and freedoms cannot be exercised in violation of the norms of professional ethics, the rights and freedoms of other participants in the educational process. Academic freedom corresponds to the obligation to use it conscientiously and in accordance with the professional duty of a teacher aimed at solving modern problems facing society, ensuring the preservation of historical and cultural heritage.

Labor and social rights and guarantees.

Pedagogical workers have the following labor and social rights and guarantees:

  • 1) The right to a reduced working time of not more than 36 hours per week. Also, pedagogical workers have the right to one free day from work per week with payment in the amount of 50% of the received wages;
  • 2) Annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation. The Labor Code of the Russian Federation defines the right for pedagogical workers to an annual basic extended paid leave (Article 334 of the Labor Code of the Russian Federation). Its duration is determined by Decree of the Government of the Russian Federation of October 1, 2002 N 724 "On the duration of the annual basic extended paid leave provided to teaching staff." Depending on the type of educational institution carrying out the educational process and the position held by the teaching staff, the duration of such leave ranges from 42 to 56 calendar days. In order to receive extended leave, employees must have work experience giving the right to such leave, precisely in their specialty and in the institution specified in the Appendix to Decree of the Government of the Russian Federation N 724. In accordance with Art. 122 of the Labor Code of the Russian Federation, annual paid leave must be provided to the employee for each working year.
  • 3) Long leave for up to one year at least every 10 years of continuous teaching. Long-term leave of teaching staff is regulated in Art. 335 of the Labor Code of the Russian Federation and Art. 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education". The above laws establish that the procedure and conditions for granting long-term leave to teachers for a period of up to one year at least every 10 years of continuous teaching work are determined by the founder and (or) the charter of the educational institution. There is a Regulation on the procedure and conditions for granting long-term leave to teachers of educational institutions for up to one year, which was approved by Order of the Ministry of Education of Russia dated December 7, 2000 N 3570 and agreed with the Trade Union of Workers public education and science of the Russian Federation. Its effect applies only to teaching staff of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which it exercises the powers of the founder. This Regulation can be used as an example for the development in municipalities of the procedure and conditions for granting long-term leave to teachers of educational institutions. The sequence and time of granting a long vacation, duration, joining the annual paid leave, the possibility of paying for a long vacation at the expense of extra-budgetary funds and other issues must be provided for in the regulations or charters of educational institutions. The right to a long vacation arises for a teacher with the simultaneous observance of two conditions: work in a certain position and the presence of continuous experience in this position. Like any other vacation, a long vacation is granted to the teacher at his request and is issued by order of the educational institution. Long leave may be granted to a teacher at any time, provided that this does not adversely affect the activities of the educational institution. You need to know that a long vacation of a pedagogical worker is a leave without pay, unless the founder and (or) the charter of the educational institution in which the teacher works provides otherwise. While on vacation, the employee has a number of guarantees that the employer must not forget :
  • 1. The place of work (position) is retained for the employee in accordance with the established procedure;
  • 2. The pedagogical load is retained for the teacher in accordance with the established procedure, provided that during this time the number of hours for curricula and programs or the number of study groups (classes) has not decreased;
  • 3. It is not allowed to transfer a teacher to another job, as well as dismissal at the initiative of the employer, with the exception of the complete liquidation of an educational institution;
  • 4. For a teacher who falls ill while on a long vacation, a long vacation is subject to extension by the number of days of incapacity for work, certified by a certificate of temporary disability, or, in agreement with the head of the educational institution, is postponed to another period.
  • 4) Advanced training at the expense of the employer at least once every five years in the manner prescribed by regulatory legal acts. The right of employees to vocational training, retraining and advanced training is established in Articles 22, 197 of the Labor Code of the Russian Federation, however, the mechanism for exercising this right should be determined in the relevant federal laws and other regulatory legal acts. At present, the state guarantees the creation necessary conditions for advanced training at least once every five years for scientific and pedagogical workers of state higher educational institutions and scientific and pedagogical workers of state scientific institutions(organizations) operating in the system of higher and postgraduate vocational education, according to Art. 21 of the Federal Law of August 22, 1996 N 125-FZ "On Higher and Postgraduate Professional Education" . The model regulation on an educational institution of higher professional education (higher educational institution) also provides that advanced training of scientific and pedagogical workers of a state higher educational institution and state scientific institutions and organizations of the system of higher and postgraduate professional education is carried out at least once every 5 years in educational institutions additional professional education, higher educational institutions, as well as in leading Russian and foreign scientific organizations.
  • 5) The right to certification for the qualification category. The procedure for attestation of teaching staff of state and municipal educational institutions, approved by order of the Ministry of Education and Science of the Russian Federation dated March 24, 2010 No. 209 (hereinafter referred to as the Attestation Procedure), shall come into force on January 1, 2011. The adoption of the new Certification Procedure was preceded by long work specialists of the Trade Union, including within the framework of a specially created working group Ministry of Education and Science of the Russian Federation, to determine and agree on the types, approaches, mechanisms for attestation, as well as the categories of employees in respect of which attestation is carried out.
  • 6) The right to monthly monetary compensation in order to facilitate the provision of books and periodicals. In accordance with paragraph 8 of Art. 55 of the Law of the Russian Federation of July 10, 1992 N 3266-1 "On Education" compensation for the purchase of book publishing products and periodicals is paid to teaching staff of federal educational institutions (including executives whose activities are related to the educational process) in order to improve and organize the educational process at the rate of:
    • - 150 rubles. - in educational institutions of higher professional education and corresponding additional professional education;
    • - 100 rubles - in other educational institutions. Compensation in other amounts may be paid to teachers of state educational institutions that are under the jurisdiction of the subjects of the Russian Federation, by decision of the state authority of the relevant subject, as well as to teachers of municipal educational institutions - by decision of the local government.

The procedure for paying compensation is established in the Letter of the Ministry of Education of Russia dated November 25, 1998 N 20-58-4046 / 20-4 "On the payment of monetary compensation for book publishing products and periodicals to pedagogical workers of educational institutions." It states that monetary compensation for the purchase of book publishing products and periodicals should be paid monthly to pedagogical workers of educational institutions who are in labor relations with an educational institution (including while on regular, additional and other vacations, during the period of receiving benefits for temporary disability, etc.), as well as those working on a part-time basis, provided that they do not have the right to receive it at their main place of work.

  • 7) The right to early appointment of a labor pension in the manner prescribed by the legislation of the Russian Federation;
  • 8) Priority provision of living space in case of recognition of an employee in need of better housing conditions;
  • 9) Free provision of services for heating and lighting occupied residential premises in rural settlements, regardless of its size;
  • 10) Guarantees and compensations for wages;
  • 11) Other labor and social guarantees and compensations established by federal laws and legislative acts of the constituent entities of the Russian Federation.

Thus, the legislation of the Russian Federation provides for a fairly extensive list of rights and freedoms of teaching staff, in order to improve the status of this professional activity, improve working conditions and the educational process as a whole.

what is the difference between academic and labor rights of a pedagogical worker and got the best answer

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Article 47 Rights and freedoms of teachers, guarantees of their implementation
1. The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities, which are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.
2. The Russian Federation recognizes the special status of teaching staff in society and creates conditions for them to carry out their professional activities. Pedagogical workers in the Russian Federation are granted rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing the social significance and prestige of pedagogical work.
3. Pedagogical workers enjoy the following academic rights and freedoms:
1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;
2) freedom of choice and use of pedagogically sound forms, means, methods of education and upbringing;
3) the right to creative initiative, development and application of author's programs and methods of education and upbringing within the framework of the educational program being implemented, a separate academic subject, course, discipline (module);
4) the right to choose textbooks, teaching aids, materials and other means of education and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;
5) the right to participate in the development of educational programs, including curricula, calendar study schedules, work subjects, courses, disciplines (modules), methodological materials and other components of educational programs;
6) the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, developments and implementation of innovations;
7) the right to free use of libraries and information resources, as well as access, in the manner prescribed by local regulations of an organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the qualitative implementation of pedagogical, scientific or research activities in organizations engaged in educational activities;
8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations;
9) the right to participate in the management of an educational organization, including in collegial management bodies, in the manner prescribed by the charter of this organization;
10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;
11) the right to associate in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;
12) the right to apply to the commission for the settlement of disputes between participants in educational relations;
13) the right to protect professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teachers.
4. Academic rights and freedoms specified in part 3 of this article must be exercised with respect for the rights and freedoms of other participants

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