“Mentor, unforgettable leader and teacher. “Mentor, unforgettable leader and Teacher Responsible teacher

Introduction

Relevance of this study is explained by the fact that one of the most important elements of the mechanism of legal regulation, with the help of which it is possible to achieve the effectiveness of the latter, including in the field of education, is the legal responsibility of the teacher. Legal responsibility as an independent institution of the general theory of law occupies one of the central places in it, since it is an important measure for protecting the interests of the individual, society and the state. Despite the growing interest of jurists in the problems of education, at present, educational and related relations arising in this area, the most significant educational institutions remain poorly studied, there is largely no systematic theoretical study of the universal principles, forms and methods of their legal regulation. Thus, the theoretical and legal study of educational legal relations, as well as approaches to their legal regulation, is today a very relevant and timely scientific task.

The purpose of this study: To characterize and analyze the legal responsibility of the teacher. Determine the grounds and features of the responsibility of the teacher.

Based on this goal, I set myself the following tasks:

Define the concept of "legal relations", "educational legal relations";

To characterize the signs and structure of legal relations;

To characterize the signs and structure of educational legal relations;

To study and analyze modern theoretical and methodological approaches to the study of educational legal relations;

To characterize the subjects of educational legal relations;

To study and analyze the mechanism of legal responsibility of subjects of educational legal relations;

To characterize the legal responsibility of students;

Describe personal responsibility;

To characterize keteral legal liability;

To characterize the legal responsibility of pedagogical workers;

Describe the legal responsibility of an educational institution.

The object of this work is legal responsibility as an independent institution of educational law.

The subject of this work are the subjects of educational legal relations (teacher).

Methodological basis of the study constitute materialist dialectics as a universal method of cognition, involving the consideration of phenomena and processes in their dialectical interconnection and development, as well as a number of general scientific and particular scientific (special) methods of cognition.

1. General characteristics of the responsibility of subjects of educational legal relations

One of the most important elements of the mechanism of legal regulation, with the help of which it is possible to achieve the effectiveness of the latter, including in the field of education, is the legal responsibility of the subjects of educational legal relations 1 .

Recall that in legal science, legal responsibility is understood as the obligation of a subject who has committed a guiltyly unlawful act that causes damage to public relations, to undergo deprivation of a personal, property and/or organizational nature that is unfavorable for the subject as provided for by law (sanctions of protective legal norms). This definition is fully applicable to the sphere of educational relations, although the responsibility of their participants also has its own characteristics. Let's highlight and briefly describe some of them.

The basis for the imposition of legal liability are various kinds of offenses, the composition of which is provided for by various branches of law. So, in the educational sphere, the following can and are being done:

Criminal law acts (bribes from teachers, extortion from parents and students, fraud in the "organization" of educational institutions, theft by students of property in the premises of an educational institution, insulting students in a rude manner, etc.);

Administrative offenses committed by officials of educational institutions and by these institutions themselves (violation of the requirements established by administrative law for the management of an educational institution, the interaction of the latter with educational authorities, violation of financial and tax laws, etc.);

Civil law torts (non-fulfillment by an educational institution of the terms of concluded business contracts, lease agreements, violations of the organizational and legal forms provided for by civil law, provided for educational institutions, etc.);

Disciplinary offenses (non-compliance by students with the requirements of intra-school (intra-university) discipline, i.e. internal regulations, non-compliance with the requirements of curricula and the educational process, a teacher or other categories of educators being late for work, etc.).

A special place is occupied by offenses that have a proper educational and legal character, i.e. violating the norms of special educational legislation. This is, for example, the implementation of activities without a proper license, or activities prohibited by law, or activities that do not comply with its statutory goals (clause 4 of article 34), etc. The subjects of such offenses are, as a rule, institutional entities - educational institutions or educational authorities. But educational offenses can also be committed by individual subjects of educational legal relations - students, their parents, teachers, heads of educational institutions and education authorities: for some reason (religious, national) parents do not send their child to school, which violates the constitutional norm on obligation to receive basic general education (part 4 of article 43 of the Constitution of the Russian Federation); the teacher resolutely refuses to teach the student, motivating such a decision by the student's inability to learn, etc.

Accordingly, these grounds distinguish criminal law, administrative, civil law, disciplinary and material types of legal liability to the subjects of educational legal relations who have committed offenses.

As for the peculiarities of legal responsibility in education, it is due, first of all, to the specific nature of social relations regarding education and upbringing. It should be noted that the issues of legal liability in the literature are still clearly insufficiently developed, although a number of researchers have already taken serious steps in this direction 2 .

The most numerous and exceptionally diverse in the field of education are disciplinary offenses, the peculiarity of which is that they can be committed by persons (we are talking primarily about students, but not only) who do not have legal capacity (delictual capacity) provided for by criminal, administrative, civil legal, labor, family legislation. In the theory and practice of the implementation of educational law, this topic is one of the most relevant and problematic. Thus, V.M. Syrykh offers, I think, a well-founded list of the most significant disciplinary offenses 3 .

For example, the list of disciplinary offenses committed by students should, in the opinion of the scientist, include such guilty, unlawful acts that encroach on the legal order in the educational sphere, and, above all, those that impede the implementation of the educational process, the conduct of lectures, practical and other activities or are related to the failure to comply with legal decisions and orders of the administration of the educational institution.

These are, in particular:

Systematic (more than three times a semester) lateness or failure to appear without good reason for practical or other compulsory classes;

Appearing in the classroom or on the premises of an educational institution in a state of alcoholic, narcotic or toxic intoxication;

Violation of discipline in the process of conducting lectures, seminars and other training sessions;

Failure to comply with the legal requirements of a teacher, dean, his deputies, decisions and orders of the head of an educational institution;

Obstructing the activities of a teacher, dean, his deputies, head of an educational institution;

Use without permission of educational equipment and other property of an educational institution, being in the premises of an educational institution in the evening and at night after the end of classes;

Damage, destruction or destruction of equipment or other property of an educational institution;

Smoking in the wrong place, drinking alcohol in classrooms and classrooms;

A public call to commit or participate in the named actions.

As for the teaching staff of educational institutions, in addition to the disciplinary offenses listed in the Labor Code of the Russian Federation and in Art. 56 of the Law of the Russian Federation "On Education" 4, they, in the opinion of the same researcher, should bear disciplinary responsibility for the following wrongful acts:

Implementation of incomplete educational programs in accordance with the curriculum and schedule of the educational process;

Violation of the rights and freedoms of students, the use of educational methods related to physical or mental violence;

Involvement of students and pupils without the consent of their parents (legal representatives) to work not provided for by the educational program;

Coercion of students, pupils to join public, socio-political organizations, movements and parties, religious associations, as well as forced involvement in activities in these organizations, attendance at religious events and participation in campaigns and political actions;

Refusal to undergo periodic free medical examinations;

The use of inhumane, as well as dangerous to the life and health of students, pupils of teaching methods.

The same illegal acts should apply to the heads of educational institutions. In addition, they are responsible for the following disciplinary offenses:

Failure to perform or improper performance of functions by an educational institution, including poor-quality education;

Failure to comply with the conditions for the safe conduct of educational and production processes that created a real threat of harm or harmed the life and health of students, pupils, employees of an educational institution;

Violation of the rights and freedoms of students, pupils, employees of an educational institution, non-fulfillment or improper fulfillment of the obligations of an agreement concluded between students and an educational institution, obstruction of the activities of the council of an educational institution, holding general meetings (conferences) of the labor collective, other self-government bodies;

Failure to provide premises for the work of medical workers, as well as for meals for students, pupils and employees of an educational institution;

Exceeding the maximum allowable teaching load on teaching staff;

Irrational use of tender and other material resources of an educational institution.

This list of educational delicts on the part of pedagogical workers is given in full in the draft General Part of the Code Russian Federation about education.

The same project provides for such consequences of bringing certain subjects of educational legal relations to legal responsibility for the commission of the listed actions, the following disciplinary measures can be applied to students, provided for: remark, reprimand, prohibition to attend certain classes or use certain premises (institutions) of the university for one or more semesters; expulsion from an educational institution.

In addition to the grounds for termination of an employment contract at the initiative of the administration, provided for by the legislation of the Russian Federation on labor, the grounds for the dismissal of a teacher of an educational institution at the initiative of the administration of this educational institution before the expiration of the employment contract (contract) are:

1) repeated during the year gross violation of the charter of the educational institution;

2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil;

3) appearing at work in a state of alcoholic, narcotic or toxic intoxication.

Dismissal on these grounds can be carried out by the administration without the consent of the trade union, Part 4, Art. 56 of the Law of the Russian Federation "On Education", dismissal. The same consequences are envisaged for the heads of educational institutions. The current legislation, primarily labor and the Law of the Russian Federation "On Education", as noted above, provides for certain measures of responsibility that are applied in practice.

2. Legal responsibility of teachers

The legal responsibility of teachers is one of the main and most important elements of the system of legal guarantees for the implementation of their duties and, thus, an element of their legal status. In fact, the knowledge by teachers of both their duties and the responsibility that they may incur for non-fulfillment or improper fulfillment of their official, official (functional) duties and, accordingly, a correct, adequate reaction, is the most important guarantee that pedagogical worker will be able to continue to carry out their professional teaching activities, grow professionally and rely on the effective guarantee of their civil and professional rights and legitimate interests 5 .

As previously noted, legal liability in relation to subjects of educational legal relations can be conditionally divided into educational legal liability (provided for by educational legislation) and “ordinary” liability, i.e. provided for by the norms of traditional branches of law, primarily labor, civil and administrative. This relativity reflects, it should be said, the specificity of educational relations, which is manifested in the fact that the norms, primarily of labor and civil law, regulating these relations, acquire an “educational-legal connotation”, i.e., represent a “special” part norms of educational law.

Thus, the educational and disciplinary responsibility of pedagogical workers is generally provided for by the Law of the Russian Federation “On Education”, and this responsibility is in many respects close to the responsibility under labor law. This is on the one hand. On the other hand, this responsibility itself does not contain a legislative list of grounds and measures of responsibility, their wording is, as a rule, indirect.

For example, in Part 1, Clause 8, Art. 13 of the law, the legislator obliges an educational institution to indicate in its Charter the rights and obligations of participants in the educational process. Through a broad interpretation, it becomes clear that this norm indirectly refers to the responsibility of pedagogical workers, which the Charter should contain. Firstly, teachers are one of the most important participants in the educational process, and secondly, a variety of their legal duties is their legal responsibility.

In somewhat more detail, but again indirectly, the law speaks of the responsibility of pedagogical workers by listing the grounds for the responsibility of the educational institution itself (clause 3, article 32). We only note that most of these grounds are directly related to the professional activities of teachers (subparagraphs 2), 3), 4) of paragraph 3 of Art. 32).

"Educational and labor" responsibility of teachers is provided for in paragraph 4 of Art. 56 of the Law of the Russian Federation "On Education". Among the grounds for the dismissal of a teacher at the initiative of the administration of an educational institution (moreover, without the consent of the trade union of pedagogical workers), the legislator includes: 1) a repeated gross violation of the charter of an educational institution during the year; 2) the use, including a single one, of methods of education associated with physical and (or) mental violence against the personality of a student, pupil; 3) appearing at work in a state of alcoholic, narcotic or toxic intoxication.

The Federal Law "On Higher and Postgraduate vocational education”, unlike the previous one, there is practically no mention of the responsibility of pedagogical workers of higher education. It confines itself to pointing out that “the academic freedoms granted entail an academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.

It is obvious that the legislator has taken the path, firstly, of using the possibilities of sectoral legislation (labor, civil, administrative and, in special cases, criminal) and, secondly, of granting the rights to more detailed regulation of the grounds and measures of responsibility by by-laws. However, as the analysis of model provisions (on a general educational institution and a higher educational institution) shows, the executive authorities also did not begin to formulate in detail the grounds and measures of the legal responsibility of pedagogical workers, limiting themselves to the most general prescriptions and, like the legislator, referring to sectoral legislation. Thus, this problem of the responsibility of pedagogical workers "fell on the shoulders" of the educational institutions themselves in the face of their local regulatory legal acts - the Charter, internal regulations (IRR), etc.

So, in the mentioned Charter of the Perm State Pedagogical University in paragraph 54 it is directly stated that for violation of the Charter of the University, labor discipline, Internal Regulations and Rules for living in a hostel, disciplinary sanctions may be imposed on University employees in accordance with the legislation of the Russian Federation: note , reprimand, dismissal from work. Section 6 of the PVR of the same University contains a very detailed description of both the measures of disciplinary responsibility of employees of the University and the procedure for its application. Some universities are expanding the list of disciplinary measures against their employees: in addition to reprimands, reprimands and dismissals, the Internal Regulations of the Ural Academy of Public Administration also provide for a severe reprimand (clause 31 of the PVR).

If we try to generalize the grounds for legal (educational, disciplinary and labor) liability to pedagogical workers of a general education institution (school teachers) and higher education (teaching staff of a university), they boil down to the following.

School teachers are responsible for:

Repeated gross violation of the Charter of the educational institution during the year;

The use (even one-time) of methods of education and training associated with physical and (or) mental violence against the personality of the student;

Appearing at work in a state of alcoholic, narcotic or toxic intoxication;

Inattention allowed to the life and health of children during lessons (classes), extracurricular and extracurricular activities;

Incorrect behavior towards parents of students, colleagues;

Unworthy behavior at work, at home and in public places;

Failure to comply with the requirements of safety and labor protection, industrial sanitation, hygiene, fire and environmental safety.

The teaching staff of the university is responsible for the same offenses, but "adapted" to the conditions of pedagogical activity in higher education. For example, in accordance with paragraph 84 of the Charter of the Ural State University named after A.M. Gorky, research work is the responsibility of the entire staff of the teaching staff, since scientific research is an integral part of the training of specialists. Thus, non-fulfillment or poor-quality fulfillment of this obligation established in a certain order (during attestation, analysis of the quantity and quality of publications, etc.) can be considered as a basis for, for example, reprimanding a teacher. The same can be said, for example, in relation to the systematic refusal of a teacher to improve his qualifications at faculties (institutes) for advanced training, etc.

In addition to the considered types of legal liability, pedagogical workers can (should) bear civil and material liability. Note that such responsibility is provided for both by educational legislation and civil and labor law itself.

In accordance with Art. 49 of the Law of the Russian Federation "On Education" 6 The Russian Federation, the constituent entities of the Russian Federation represented by the relevant executive authorities exercising management in the field of education, in the event of poor-quality training of graduates by a state or municipal educational institution, have the right to bring a claim to this educational institution for reimbursement of additional costs for the retraining of these graduates in other educational institutions.

As you can see, it does not speak about the responsibility of the teaching staff directly, but it is obvious that such responsibility indirectly still exists. In this case, one can speak (with a certain degree of conventionality) of a kind of “recourse” claim in the form of subsidiary liability of a teacher, to which he can be attracted by the management of an educational institution based on the results of attestation procedures, inspections, etc. If, for example, a pedagogical worker allows a violation of educational or other rights and legitimate interests of a student (humiliation of honor and dignity, insult, etc.), then there is, among other things, infliction of moral damage to him. Responsibility for this, in the event of initiation of lawsuit proceedings, can (and should) be borne, of course, by the educational institution itself as a legal entity, whose employees this teacher is.

At the same time, an educational institution, depending on the specific situation, has the right to take measures of responsibility, up to and including dismissal, against this employee.

A similar responsibility of a teacher is provided for by Part 1 of Art. 1068 of the Civil Code of the Russian Federation, according to which "a legal entity or a citizen compensates for the harm caused by its employee in the performance of labor (official, official) duties." It is important to emphasize that part 2 of the same article in this case recognizes as employees citizens who perform work on the basis of an employment contract (contract), as well as citizens who perform work under a civil law contract, if at the same time they acted or should have acted on the instructions of the relevant legal entity or citizen and under his control over the safe conduct of work 7 .

Pedagogical workers, as can be seen, are fully subject to this provision of civil law. As for the harm (the Civil Code of the Russian Federation does not say what kind of harm - property or non-property - is specifically discussed), then it can be inflicted by pedagogical workers both on the educational institution itself and on students and other employees of the educational institution. As for the actual content, size and significance of the harm, this is determined on the basis of the unlawful act committed by the employee in the manner prescribed by law.

As for violations of labor legislation by a pedagogical worker, disciplinary measures are applied to him, provided for in Art. 192 of the Labor Code of the Russian Federation, which include a remark, reprimand, dismissal. As has already been shown above, the educational legislation provides for (in fact, duplicates) all these measures, which gave grounds to designate them as measures of educational and labor responsibility.

Finally, a teacher, like anyone else, can and is obliged to bear, in the prescribed manner, liability under Art. 232, 233, 238,241 -244, 246-248 of the Labor Code 8 . By direct measures of such liability, compensation for direct actual damage caused to the cash property of the employer (educational institution (reduction of this property or deterioration of its condition). At the same time, the amount of the employee’s liability cannot, as a rule, exceed his monthly earnings, unless otherwise provided by the Labor Code or other federal laws (Article 241 of the Labor Code of the Russian Federation).In addition, and this is perhaps the most important thing: a teacher may be forced to compensate for damage full size(i.e. even if this damage exceeds the monthly salary of the employee) in a number of cases. The law refers to these cases (Article 243 of the Labor Code of the Russian Federation):

    when, in accordance with the Labor Code or other federal laws, the employee is held liable in full for damage caused to the employer in the performance of labor duties by the employee;

    shortage of valuables entrusted to him on the basis of a special written agreement or received by him under a one-time document;

    intentional damage;

    causing damage in a state of alcoholic, narcotic or toxic intoxication;

    causing damage as a result of the employee's criminal actions established by a court verdict;

    causing damage as a result of an administrative offense, if such is established by the relevant state body;

    disclosure of information constituting a legally protected secret (official, commercial or other), in cases provided for by federal laws;

    causing damage not in the performance of work duties by the employee.

This is a general characteristic of the legal responsibility of teachers, attention to which in the context of improving educational legislation and increasing the role and importance of discipline in all spheres of society, including, perhaps, especially in the field of education, will undoubtedly increase.

Conclusion

One of the most important elements of the mechanism of legal regulation, with the help of which it is possible to achieve the effectiveness of the latter, including in the field of education, is the legal responsibility of the subjects of educational legal relations.

The basis for the imposition of legal liability are various kinds of offenses, the composition of which is provided for by various branches of law. A special place is occupied by offenses that have a proper educational and legal character, i.e. violating the norms of special educational legislation.

Allocate criminal law, administrative, civil law, disciplinary and material types of legal liability to the subjects of educational legal relations who have committed offenses.

The responsibility of the subjects of educational legal relations is considered in two aspects. On the one hand, we are talking about the responsibility of the students themselves for committing acts that infringe on the rights, freedoms and legitimate interests of other students, employees of the educational institution and the institution itself as a whole (personal responsibility) and the legitimate interests of students or encroachment on them (this responsibility can be called keteral).

The most numerous and exceptionally diverse in the field of education are disciplinary offenses, the peculiarity of which is that they can be committed by persons (we are talking primarily about students, but not only) who do not have legal capacity (delictual capacity) provided for by criminal, administrative, civil legal, labor, family legislation. In the theory and practice of the implementation of educational law, this topic is one of the most relevant and problematic.

As a conclusion, it should be noted that the issues of legal responsibility of teachers as an important element of their legal status in Russian educational legislation have not yet been properly reflected.

Bibliographic list

1. Normative legal acts of the Russian Federation

    The Constitution of the Russian Federation of 12 Dec. 1993: ed. Laws Ros. Federation on amendments to the Constitution Ros. Federation of 30 Dec. 2008 No. 6-FKZ and No. 7-FKZ) // Ros. gas. - 2009.-21 Jan.

    Civil Code of the Russian Federation. Part one of November 30, 1994 N 51-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation 30 Nov. 1994: ed. Feder. law of 27 Dec. 2009 No. 352-FZ // Ros. gas. - 1994. - 8 December.

    Civil Code of the Russian Federation. Part two of January 26, 1996 N 14-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation 26 Jan. 1996: ed. Feder. Law of July 17, 2009 // Ros. gas. - 1996.-10 Feb.

    On higher and postgraduate professional education: Federal Law of August 22, 1996 N 125-FZ: adopted by the State. Duma Feder. Sobr. Ros. Federation 19 July. 1997: ed. Feder. law of 02 February. 2011 No. 2-FZ // Ros. gas. - 1996. -29 Aug.

    On education: Law of the Russian Federation of July 10, 1992 N 3266-1: as amended. Feder. Law of June 03, 2011 No. 121-FZ // Ros. gas. - 1992. -July 31.

2. Reference and educational literature

    Valitskaya, A.P. Education in Russia: Selection strategy: Monograph / A.P. Valitskaya. - St. Petersburg: Publishing house of the Russian State Pedagogical University im. A. I. Herzen, 2007. - 128 p.

    Civil Law: Textbook: In 4 volumes / Responsible. ed. E. A. Sukhanov. - 2nd ed., revised. and additional - M.: JSC Center YurInfoR, 2008. - 548 p.

    Syrykh, V.M. Introduction to the theory of educational law / V.M. Raw. - M.: Gothic, 2002. - 249 p.

    Shkatulla, V.I. Educational Law: Textbook for High Schools / V.I. Shkatulla. - M.: Publishing house NORMA, 2009. - 462 p.

    Yagofarov, D.A. Legal regulation education systems. Tutorial/ YES. Yagofarov. - M .: Publishing house "VLADOS", 2008. - 314 p.

1 Valitskaya A.P. Education in Russia: Selection strategy: Monograph. - St. Petersburg: Publishing house of the Russian State Pedagogical University im. A. I. Herzen, 2007. P.23.

2 Syrykh V.M. Introduction to the theory of educational law. M.: Gothic, 2002. P.122.

3 Ibid. P.123.

4 Law of the Russian Federation of July 10, 1992 N 3266-1 (as amended on June 3, 2011) “On Education” // Rossiyskaya gazeta.1996. January 23.

5 Yagofarov D.A. Legal regulation of the education system. Tutorial. - M .: Publishing house "VLADOS", 2008. P. 134.

teachers teachers. Self-education is interpreted as a personal activity ..., democratic, social responsible behavior. One of the laws of personality development teacher-professional is...

  • Pedagogy. Textbook

    Synopsis >> Pedagogy

    At school. This highlights in particular the need responsibility teachers for the formation of a scientific worldview among students ... school principals, school psychologist, social teacher, responsible for the organization of socially useful labor...

    • Bragina Galina Anatolievna
    Educational institution: MAOU "Molchanovskaya secondary school No. 2" with. Molchanovo, Tomsk region
    Brief job description:
    Publication date: 2019-12-10 Article "Being a mentor is very responsible" Bragina Galina Anatolievna MAOU "Molchanovskaya secondary school No. 2" with. Molchanovo, Tomsk region When a young specialist appears in the team, the administration appoints a mentor. His task is to help, encourage, support a novice colleague. In the article I talk about the resources of my mentoring activities.

    Article "Being a mentor is very responsible"

    Wisdom + youth = success!

    Stand above life young

    Keeping a beautiful unity

    Age-old honor, holy duty

    Teaching and motherhood.

    First awaken the souls

    Let the thirst for knowledge wake up in them,

    Then bring your pets

    To a transparent - clean well.

    Living water from the depths

    You learn to draw with your hand,

    To love your people and land,

    Be masculine and good at heart.

    V. Raabe

    This poem has become my pedagogical creed and is the best fit for my mentoring activities. Arriving at an old wooden, but so dear and warm 8-year-old school, exactly in the office where I myself started “Write different letters with a thin feather in a notebook”, I never thought that, 35 years later, I would be asked to talk about mentoring at the August teacher conference. Then there were no such concepts as:

    Individual adaptation plan for a young teacher,

    The program of individual growth of a novice teacher,

    Portfolio of a young teacher,

    but experienced teachers had the same tasks as now: HELP, SUPPORT, SUPPORT young teacher. And my experienced colleagues 8 years old were always by my side: they prompted, advised, “led by the hand” ...

    Over the past 3 years, there has been an annual replenishment in the primary level of our school! The school administration immediately takes the youth “under its wing”, appoints a mentor. And so I was entrusted with such a "replenishment". It happened that this is my student and part-time daughter - Kuzminykh Irina Sergeevna!

    I read that becoming a teacher is much more difficult than in other professions. This is understandable, because young teachers from the first day of work have same responsibilities and carry the same responsibility that teachers with many years of experience, and students, parents and administration expect from them the same impeccable professionalism. Working with young specialists is traditionally one of the most important components of methodical work for me. In the process of mentoring, I improve myself, enrich my experience with more mobile techniques.

    Well, now I will focus on the resources that I use in my mentoring activities. And in this chain - in the first place, of course, SCHOOL! Problem groups, methodological associations - this is where the novice teacher learns what introspection and criteria, technologies and techniques are. On the basis of our school, the Center for Spiritual and Moral Development was recently opened, but how many children and teachers from the region it gathers at Makarievsky readings, Christmas and Easter festivals, and the Slavic Literature Festival! RVCI of our school occupies a leading position in the regional ranking of RCRO.

    Today we can confidently say that the Department of Education is a center for supporting young teachers. Head of the Department Vasilchuk Natalya Nikolaevna personally supervises mentoring and work with young specialists. This academic year, the CBR specialists held many educational events, including for novice teachers: “Modern lesson in elementary school”, “First steps in the profession”. I would like professional skill competitions for beginner teachers to become traditional, and, perhaps, with a full-time final stage, where young people would see and hear each other.

    The House of Children's Art in Molchanovo is a successful space for the creativity of a young teacher. It is gratifying that in all creative competitions There is a nomination "Teachers". My young teacher invents and makes something every free minute, so she needs such creative exhibitions! The regional children's organization "Burning Hearts" - how many socially significant actions can be found for a schoolchild of any age!

    We actively use the network of the Resource and Implementation Innovation Center of the Tomsk Region. We are connected by long-term cooperation with Podgorny primary school teachers. And, of course, the resource of the MAOU "Molchanovskaya secondary school No. 1" is indispensable - here you can find many educational events for students and primary school teachers.

    It is a pleasure to work with those regional structures that hold children's contests and festivals for free, know how to see the work of rural children and always invite a family from our school to each awards ceremony.

    TSPU - we all come from there! We have a long-term business cooperation with the Faculty of Primary School. Together with Irina Sergeevna, we spoke about the experience of our children's organization "Muraveika" at our own institute at the All-Russian Conference "Development of the system of civil-patriotic education in Russia"

    The Pedagogical University traditionally hosts a scientific competition research work“Create! Explore! Try it." This year it brought together more than 100 junior schoolchildren. We also invited our two girls with their ecological works. It is gratifying that they are not "lost" among the students of Tomsk gymnasiums and lyceums. As a result - "People's Choice Award"!

    As a result of our joint activities, my novice teacher won four regional victories last academic year! We, as the authors - the winners of the work "Do sports, eat right!" We were invited to Moscow. For the sixth time, I represented the Tomsk Region at the Raising a Healthy Generation conference, which has become International. The organizing committee noted the creativity and originality of our work. And all this thanks to a young teacher!!!

    With the advent of the new Head, life in the area has noticeably revived: the festival of choirs, sports and athletics, the Mushroom Festival at the highest level! Our main joint task is do not lure young specialist to school, and help in becoming professional and social activities.

    Wish for mentors: in order for interaction with a young teacher to be constructive and bring the desired result, the teacher-mentor needs to remember some rules of communication: do not order (refuse phrases like “You must”, “You need to”), do not preach (refuse phrases like “Your professional duty obliges ... "," you are responsible ... "), do not lecture

    (avoid phrases like (“if you listened to me, then ...”, “if you followed the example ....”) One of the important points in joint activity is not to suggest solutions, not "to teach life" to a young teacher. It is necessary to present the situation in such a way that the young teacher himself finds the right solutions. The mentor should stimulate the process of professional support of the young teacher.

    Being a teacher is difficult, but possible. The main thing is to learn to be happy. After all, an unhappy teacher will never raise a happy student. With a happy teacher, students at school experience a state of happiness: they act, create, feel that they are loved and wish them well. More than two thousand years ago, Socrates said: "There is a sun in every person, just let it shine." Each of us can give a piece of his warmth, love to others. I am sure that my Irina Sergeevna manages to give this piece to every child! She proves this with everyday work, creativity and amazing responsibility. And he teaches not only “add 2 to 4, read words in syllables”, but also make friends, learn, create, surprise.

    View Publication Certificate


    . .

    The Constitution is a document of direct action:
    Article 38 1. Motherhood and childhood, the family are under the protection of the state. 2. Caring for children, their upbringing is an equal right and duty of parents. 3. Able-bodied children who have reached the age of 18 must take care of disabled parents.

    Comment:

    One of the main tasks of parents is to take care of children, their upbringing. Paragraph 1 of Art. 18 of the 1989 UN Convention on the Rights of the Child states that the interests of the child are the primary concern of parents. The manifestation of such care is dictated not only by moral, but also by legal norms. Part 4 Art. 43 of the Constitution establishes that parents or persons replacing them ensure that children receive basic general education. Chapter 11 of the UK speaks of the right of children: to live and be brought up in a family; know your parents live together with them, unless it is contrary to the interests of the child; to communicate with both parents, grandfather, grandmother, other relatives (Article 54). The dissolution of the marriage of the parents, its annulment or the separation of the parents does not affect the rights of the child. In the case of separation of parents, the child has the right to communicate with each of them (in case of conflicts between parents or obstacles, this right can be ensured by a court decision). Children (teenagers from the age of 14) may be allowed to perform certain types of work (in agriculture, in hospitals, street cleaning), but they are prohibited from working at night, hard work with harmful and dangerous working conditions. They have the right to control their earnings. The care of parents concerns first of all to minor children. As for children who have reached the age of majority, parents are obliged to support those who are unable to work and need help (Article 85 of the UK). In case of violation of the rights and legitimate interests of the child, failure of parents to fulfill their duties of upbringing, protection, education, in case of abuse of parental rights (including by one of the parents), the child has the right to independently apply for protection to the guardianship and guardianship authority (such authorities operate in the local self-government system) , and upon reaching the age of 14 - to the court (Article 56 of the UK). The rights of the child are also protected by the prosecutor's office. In case of loss of parents or deprivation of their parental rights, the rights and interests of the child are directly ensured by the guardianship and guardianship authorities. Caring for children, their upbringing is the right and duty of both parents, who have equal rights and bear equal responsibilities. Each of them (until the children reach the age of 18) has the right and obligation to raise their children, take care of their health, physical, mental and moral development. Parents are the legal representatives of their children and have the right to act in defense of their rights and interests in relations with any persons and bodies, including in court, without special powers. All issues related to the upbringing and education of the child are decided by the mother and father jointly, based on the interests of the children. The opinion of the children must be taken into account. Disagreements between parents are resolved by the guardianship and guardianship authorities or the court. Parents exercising their rights to the detriment of the rights and interests of children, abusing their rights, may be limited or completely deprived of parental rights by the court. They may be attracted to criminal liability for failure to perform or improper performance of duties in relation to minor children, if this is connected with cruel treatment (Article 156 of the Criminal Code).

    OU) with the requirement to conduct disciplinary proceedings against the teacher and bring him to disciplinary liability, including dismissal. Parents (legal representatives) also have the right to file a lawsuit against a specific teacher and educational institution with a claim for compensation moral damage. As a parent, you have the right to demand that the teacher stop such actions. The specific steps depend on the personal characteristics of the given teacher, principal and the general situation in the school. Also, a lot depends on the ability to prove the fact of humiliating actions and offensive statements. Read more on this issue - A secret dictaphone recording can be used as evidence in court. Step one. If the teacher is open to dialogue, face-to-face conversation can help.

    "On Education in the Russian Federation"

    Code of the Russian Federation on administrative offenses An official is subject to administrative liability in the event that he commits an administrative offense in connection with non-fulfillment or improper performance their official duties. In accordance with the note to this article, an official should be understood as a person who permanently, temporarily or in accordance with special powers exercising the functions of a representative of the authorities, that is, endowed in the manner prescribed by law with administrative powers in relation to persons who are not in official dependence on him, and equal to a person performing organizational and administrative or administrative and economic functions in government bodies, local governments, state and municipal organizations.

    Responsibility of a teacher for insulting a student

    Administrative and economic functions may include, in particular, the authority to manage and dispose of property and funds on the balance sheet and bank accounts of organizations and institutions, military units and subdivisions, as well as other actions: making decisions on accrual wages, premiums, control over the movement of material assets, determining the procedure for their storage, etc. Thus, if the teacher is endowed with the indicated powers and the implementation of these powers depends legal status students (for example, when accepting persons for training, conducting intermediate or final certification of students, etc.), he will be considered an official responsible for observing the rights and freedoms of citizens in the field of education.

    The procedure for holding a teacher liable for insulting a student

    Important

    What should be the actions of parents If a parent heard a complaint from a child about a teacher, it is worth immediately sorting out the situation. First of all, you need to find out if this is slander. Because a minor can cheat, for example, not to go to class or not to do homework.


    However, if the student is not lying, then you should immediately come to school. Important! You should first talk to the teacher and try to resolve the issue peacefully.


    Attention

    It should be explained to the teacher that the child is not used to such treatment. It is possible that the teacher will realize his mistake and stop behaving inappropriately.


    However, if this does not happen, then it remains to go to higher authorities. It is recommended that you first interview the child about what happened and find out all the details.

    Responsibility of teaching staff

    In most cases, one meeting is enough to solve the problem. The prosecutor, the parents of the minor and the teacher must be present.
    As a result of the meeting, the teacher may be held accountable or the administrative case may be terminated. The decision can be challenged within 10 days from the receipt of a copy of the decision.

    Of course, a situation is quite rare when a teacher deliberately belittles the dignity of a student. Most often, conflicts occur with other students for various reasons.
    But the parent should not be left out. It is necessary to understand the situation and understand who is to blame.

    Teacher humiliates students

    Pravoved.RU 424 lawyers are online now

    1. Categories
    2. Criminal law

    Good afternoon! The teacher of labor regularly swears at the lessons of Labor (Technology). Most often the word on "b". My son, a 5th grade student at this school, regularly talks about the teacher's swearing.


    Other students also tell their parents about it. Parents complain to the director - she does nothing. I ask you to give an administrative-legal and criminal-legal qualification to the teacher's actions. Victor left a review about the site - show teacher insult Collapse Lawyers' answers (7)

    • All services of lawyers in Moscow Protection of the defendant Moscow from 60,000 rubles. Defense of the accused Moscow from 50,000 rubles.

    Pedagogical workers are participants in educational relations, i.e. relations on the realization of the rights of citizens to education, the purpose of which is the development by students of the content of educational programs (clauses 30, 31, article 2). For violation or illegal restriction of the right to education and the rights and freedoms of students, parents (legal representatives) of minor students, violation of the requirements for the organization and implementation of educational activities, the educational organization and its officials bear administrative responsibility in accordance with the Code of the Russian Federation on administrative offenses (part 7 of article 28). According to Art.

    Cases of bringing a teacher to administrative responsibility

    If the student himself was the first to insult the teacher, then he needs to be explained that such behavior is unacceptable. When the teacher is to blame, you should talk to him and ask him not to humiliate the children anymore. When the issue cannot be resolved peacefully, it remains only to turn to the law. And in Russia, and in Belarus, and in Ukraine, and in other countries, teachers can be held accountable.

    Do not put it off, because the situation can quickly worsen. At a minimum, the student will be uncomfortable at school, which will affect his academic performance.

    However, there may even be serious psychological trauma due to teacher attacks, which will become a problem in the future.
    3) to compensation for non-pecuniary damage (when applying to the court with a claim for recovery from the teacher and the school).

    In any case, it is worth raising the issue of insults, since even the teacher will not be punished, it is possible that his behavior will still be affected by the fact that there are complaints, or a face-to-face conversation with the director. Quotes from the law: The dignity of the individual is protected by the state.

    Nothing can be grounds for belittling him. paragraph 1 of Article 21 of the Constitution of the Russian Federation The student has the right to respect human dignity, protection from all forms of physical and mental violence, personal insults, protection of life and health Article 34 of the Federal Law "On Education in the Russian Federation" The teacher is obliged to comply with legal, moral and ethical standards, follow the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

    With this in mind, in case of detection of violations by the regulatory authorities, the deputy head or other official who is entrusted with the relevant duties may be held administratively liable. To officials educational organizations administrative liability can be applied, for example, for violation of sanitary and epidemiological requirements for the conditions of rest and recreation of children, their upbringing and education (Article 6.7 of the Code of Administrative Offenses of the Russian Federation), for violation of fire safety rules (Article 20.4 of the Code of Administrative Offenses of the Russian Federation).

    The amount of a fine imposed on an official may be up to 15 thousand rubles, on a legal entity - up to 200 thousand rubles.

    Article 48 of the Federal Law "On Education in the Russian Federation" Non-material benefits 1. Life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom to choose a place stay and residence, the name of a citizen, authorship, other intangible benefits belonging to a citizen from birth or by virtue of law, are inalienable and non-transferable in any other way.

    2. Intangible benefits are protected in accordance with this Code and other laws in the cases and in the manner provided for by them, as well as in those cases and to the extent that the use of methods of protection civil rights(Article 12) follows from the essence of the violated intangible benefit or personal non-property right and the nature of the consequences of this violation.

    Moral responsibility characterizes a person in terms of fulfilling her moral requirements.

    The moral responsibility of the teacher is a personal quality, which consists in the realization of the moral need to fulfill social norms(in particular, personal), as well as the ability of an individual to adequately perceive a fair assessment of committed actions, self-assess their actions from the standpoint of humanity and a clear conscience.

    AT perspective moral responsibility is the individual's awareness of the current and future development of the nation and humanity, as well as purposeful, free activity person. The teacher of an educational institution is morally responsible for the creative acquisition of knowledge, self-improvement, self-realization of one's strengths and abilities.

    AT retrospective aspect moral responsibility represents responsibility, reflecting, as a rule, social and legal actions in relation to a person for past behavior, actions, violations of the requirements of social, ethical, legal and professional norms. In this sense, responsibility plays a dual role: it is a way of society's response, education leadership to the negative actions of a particular teacher, and a means of preventing possible negative behavior of this or other individuals in the future.

    In philosophy Ancient Greece existed different approaches understanding the nature of responsibility. Thus, Democritus expressed the opinion that moral responsibility is the regulator of human behavior. He believed that responsibility is not an innate quality and not God's grace, but a product of culture, the result of socialization, education.

    Education should be carried out through training, curiosity of children, boys and girls. This does not mean that the main thing for a person is to know a lot, but education should be comprehensive. It is very important in the process of education and upbringing to take into account the nature of the child. Parents and teachers need to form responsibility in children from an early age. An important role in this process is played by labor education, the example of the elders. If children do not observe it, then they develop immorally.

    For Socrates, the moral responsibility of the individual is an integral characteristic of the individual, as well as virtue, goodness, justice. Responsibility in education and training provides the meaning of the activity of the individual: its goals, needs, interests, motives, results. After all, according to Socrates, the first duty of a citizen is to have deep knowledge, his own convictions, thoughts. However, these convictions should not diverge from the requirements formulated in the norms and laws of each "policy". Otherwise, one can expect a conscious, responsible behavior from a person. The duty of society is to provide citizens with living conditions worthy of the human essence. The gap between the moral, legal norms of society and the moral and legal consciousness of individuals of everything interferes with the fulfillment of duty, harms both individuals and society, because a person under such conditions becomes irresponsible.

    The problem of the moral responsibility of the individual was studied by Plato. Based on the idea of ​​the world of moral entities, he formulated his thought as follows: from idea to reality, from the subject being. Plato substantiates this postulate at the level of the individual and society.

    In the system of formation of a responsible personality of Plato, there is a ban on the means of education. So, he stands for strict, competent and incorruptible censorship works of art that can be used in the educational process. The censors, who are entrusted with moral and legal responsibility before the law, the state and the people, must remove those of them that destroy the moral qualities of young people.

    To analyze responsibility, Aristotle applied the method of activity, represents the actual existence of a living being and the process of transition of its capabilities to reality. The nature of a living being is revealed precisely in the activity and real experience of communication. However, the activity itself is decisively influenced by the soul, which combines rational and unreasonable components, the interaction of which stimulates the emergence of responsibility. That is, responsibility arises when the mind is correctly directed and coordinates with the movement of the senses, and the movement of the senses with the mind.

    The ideas of ancient Greek philosophers influenced the content of education in Ukraine. In particular, almost the entire educational system at the Kiev-Mohyla Academy was based on their postulates, where such Ukrainian philosophers and enlighteners as G. Skovoroda, F. Prokopovich, I. Gizel and others studied.

    In the era of the Middle Ages, the gospel doctrine reigned, which was characterized by certain universal values. Thus, the idea of ​​responsibility was based on the principle of love. The Son of God - Jesus Christ - must create a kingdom devoid of wars, death, where everyone will be in eternal bliss and love. However, this can only be achieved on condition that a person loves God (the views are characteristic of Arius, Origen, Tertullian, Pelagius, etc.). Each philosopher formulated them in his own way, which means that Ukrainian philosophers, teachers in training and education also used them in a peculiar way "starting from the time of the creation of our state - Kievan Rus. The education of the moral responsibility of the teacher's personality during this period develops in an original way.

    The early Christian thinker, who for a millennium had a decisive influence on moral education, was the Bishop of Hippo, the teacher of the church Augustine the Blessed (354-430). He defined the self-improvement of the individual as a constant and intense work of the soul, as self-knowledge, and also believed that having been accomplished through the work of the soul, a person will become a unique, responsible and inimitable personality, which God will rejoice at.

    According to the Roman Neoplatonic philosopher Anicius Manlio Severinus Boethius (c. 480-524), in contrast to Augustine, responsible behavior depends not only on God, but also on a person and his Fate. He noted that the responsible action of the individual is the right path to happiness and good.

    The idea of ​​responsibility was also originally substantiated by the Roman philosopher, theologian Thomas Aquinas (1225-1274), referring to the moral personality through clarifying the relationship of divine predestination to the free will of man. However, unlike Augustine, who relied on the ideas of responsibility on the teachings of Plato, the views of Aquinas are based on the postulates of Aristotle. The search for the essence of responsibility, its formation in the individual, he tries to carry out on the basis of faith, which is priority over science.

    Representatives of the philosophy and pedagogy of the Renaissance and New Ages based their research on the problems of responsibility on the ideas of egoism (French Egoisme, from Latin Egone - a moral and ethical principle that characterizes the behavior of a person who seeks to satisfy only his own needs, neglects the interests of other people and society) , partly skepticism (Greek skeptikos - incredulous; a doctrine based on doubts about the existence of some reliable criterion of truth) and epicureanism (the teaching of Epicurus, who materialistically explained the world on the basis of atomistic teachings). They sought to find out not only the objective grounds for responsibility, but also to generalize them. In particular, they were interested in how responsibility can be a product, a property of an individual and a general social organizational force at the same time. The English philosopher Francis Bacon (1561-1620) substantiated the theory of responsibility on the basis of scientific and technological progress, culture, and the humanization of social relations. Man's responsibility, he believed, was to develop his powers and abilities in a cultural way. According to F. Bacon, a person should be responsible not only for the creation and transformation of nature, to skillfully manage this process, but also to treat matter responsibly and without violence. He was one of the first to raise the problem of environmental education.

    The representative of the New Age, the Dutch philosopher Benedict Spinoza (1632-1677), considered responsibility from the point of view of substantiality, the essence of which lies in the infinite nature. This nature exists objectively and has its own laws of interconnection. Often the existence of irresponsibility is generated by the arbitrariness of people, their misunderstanding of freedom, the reasons that prompt human aspirations and desires. In addition, noted Z. Spinoza, irresponsibility causes ignorance, and the sciences violate the order of nature, and do not follow it. Avoiding this is facilitated not only by the rules of life, but also by clear knowledge, to which the teacher directs. Properly directed knowledge helps a person to choose a highly moral way of life, overcome the effects of discontent, and benefit society.

    The starting point of responsibility for the founder of the empirical-materialistic theory of knowledge of the New Age, the British philosopher and teacher John Locke (1632-1704), is the moral law of nature. He brings the duty of a person in moral and legal aspects, forms its moral duty, which is guided by the mind and which coordinates the activities of people.

    Jan-Amos Komensky (1592-1670), a Czech humanist thinker and founder of modern pedagogy, radically changed his view of the educational system. Based on the experience of his predecessors, he determined that the main thing in education is the formation of a conscious, moral, responsible person. He assigned an important role in this matter to the teacher, revealing not only the requirements, but also the conditions and forms of manifestation of his moral responsibility. Material conditions considered fair and sufficient social security teacher, and legal ones - by current school laws, which no one is allowed to violate.

    Contrary to the traditions of the medieval school, the issue of moral responsibility was considered by the Swiss educator Johann Tenrich Pestalozzi (1746-1827). He devoted his whole life to raising disadvantaged and poor children, because he believed that the state should have a low level of teacher responsibility, that the authorities are represented by "intellectually developed deceivers", egoists, heartless predators, "smart donkeys" and others.

    The problem of responsibility developed in German classical philosophical and pedagogical thought. Thus, the philosopher-teacher Immanuel Kant (1724-1804) not only formulated the main goals of education, but also dialectically substantiated the relationship between education and upbringing. He defined responsibility as a measure of duty in the complex problem of education: the combination of the law of coercion with the ability to use one's freedom. Kant considered the responsible actions of a person not only depending on the sense and consciousness of duty, but also on the sense of duty and a certain inclination. An act out of a sense of duty at the same time has to eliminate the influence of inclination and the object of the will, because even the inclination itself is “blind”, capable of causing the emergence of a moral maxim of responsibility as the highest moral value, but only contributes to its implementation.

    The views of I. Kant were highly appreciated by the German philosopher Georg Wilhelm Friedrich Hegel (1770-1831). He noted that the subjective and objective in a responsible act of a person should not oppose each other, he defined responsibility as a sociological form of the absolute spirit. In contrast to I. Kant, G.-W.-F. Hegel noted that responsibility develops sequentially. Real responsible activity of the individual is possible in a free society. It binds people with duty and responsibility, and the stronger this bond, the freer the person. However, a person is freer not in the sense of "doing what I want", but in the sense of achieving the essence.

    Having critically comprehended the ideas of I. Kant, I. Fichte, G.-V.-F. Hegel, the German philosopher, one of the founders of pedagogy Johann Friedrich Herbart (1776-1841) based his system of "vihovuvual education" on the views of the ancient Greek thinker Parmenides. In his opinion, the new fashionable philosophy leads to a violation of the stability of the development of society and the peace of the individual, and gives rise to social movements. And for the education of the moral responsibility of the teacher, the consent, the unity of society and its harmony with the individual are necessary. This approach J.-F. Herbart sees in the philosophy of Parmenides, in which everything is simple, stable and unchanging.

    A significant contribution to the development of the problem of the formation of the teacher's moral responsibility was made by the German teacher Adolf Diesterweg (1790-1866). Noting that the principle of conformity to nature is the main one in any educational system, he supplemented it with the principle of cultural conformity, emphasizing the difficult path to internal self-activity and self-responsibility. According to A. Diesterweg, a person in his development must go through three stages: the stage of sensations; stage of skills and fantasy; stage of free self-expression, amateur performance. However, not every teacher can do this. The most successful are those who were able to reach the third stage.

    In the XIX-XX centuries. The problem of moral responsibility was considered by the Ukrainian teacher and writer Boris Grinchenko (1863-1910). In the works "What is the public school in Ukraine now?", "What school do we need?", "People's teachers and the Ukrainian school", literary works, journalistic articles on the problems of public education, culture, training and upbringing, he argued that the teacher can show moral responsibility in conditions of freedom, and getting rid of a poor financial situation.

    A significant contribution to the development of the problem of moral responsibility was made by Makarenko and Sukhomlinsky.

    In the works of A. Makarenko, the essence of the concepts that he uses in the interpretation of responsibility "responsible dependence", "general responsibility", "strict responsibility", "principle of responsibility", "harmony of responsible individuals", "responsible for decision", "experience of responsibility" "," a sense of responsibility to the team ". The leading educational system is the concept of "responsible dependence". It arises, forms and functions in various types pedagogical activity. At the same time, the personal responsibility of the teacher for the work performed is associated with the responsibility of the team and the harmony of individuals.

    In practical pedagogical activity, V. Sukhomlinsky gave great value education of the moral responsibility of the individual. First of all, he noted the responsibility of the head of the educational institution, his ability to manage the team, to know all the nuances of the pedagogical process, etc., as well as the need for not only moral, but also legal, financial responsibility of the teacher and student. One of his leading thoughts is caution in bringing the individual to legal responsibility.

    An important contribution to the development of the problem of moral responsibility was made by the Ukrainian teacher, literary scholar Grigory Vashchenko (1878-1967). As one of the leaders, he substantiated the idea of ​​a teacher's responsibility for educating a citizen, a patriot of the nation.

    Domestic philosophical and pedagogical thought in late XIX- early XX century. in determining the content of the moral responsibility of the individual gives priority to the axiological approach. The value of moral responsibility as a component of culture lies in the fact that it is able to unite, restore, humanize the nation and humanity.

    Modern Ukrainian teacher Mykola Smetansky from the point of view integrated approach considered the problem of social responsibility of the teacher, substantiated theoretical basis its formation, highlighted the problems that need to be solved. Among the conditions for the successful formation of the teacher's social responsibility, he considers the following to be the main ones:

    Creating a situation of personal interest in work and its results;

    Formation of the subject of responsible actions, cognitive, volitional and activity components of his responsibility;

    The presence of humanely oriented social control and an objective assessment of the actions of each subject.

    The moral assessment of the activity and behavior of the teacher is not limited to the assessment by society, the teaching staff, students and pupils. The teacher as a subject is capable of self-esteem, due to which it becomes a component in the system of moral ties. At this level, moral self-esteem renders the moral essence of a person. The better her demands on herself and self-control are developed, the greater and more promising is the responsibility. The development of self-esteem as its element depends on a number of factors (the social role of the teacher, the estimated influence of the team, etc.). Self-esteem determines the stability of moral responsibility and increases its measure. As the moral responsibility of the teacher is a variable that is directly determined by the ability and internal readiness to carry out responsible actions, as well as the circumstances in which the teacher is located.

    Given the current state of science, psychologists and educators single out the level of consciousness, the internal and external aspects of the teacher's moral responsibility. Some scientists (I. Ivanov, A. Kiselev, V. Rudkovsky) define the measure of responsibility only as freedom or as a duty. Freedom and duty in specific forms reflect aspects of the degree of responsibility to a certain extent. They only complement, and do not exclude, manifestations of such a phenomenon, since the pedagogical environment, democratic relations in general allow the teacher to voluntarily and actively fulfill his professional duty, and therefore be well aware of his new social role.

    In contrast to this view, the modern Russian researcher Nadezhda Golovko notes that in conditions where the obligation is easy to fulfill, since its morality is undoubted and it is consistent with public assessment, the problem of responsibility disappears. However, it is precisely under such circumstances, when the problem of the measure of responsibility of the individual turns up, that at the same time there is no retrospective responsibility. The prospective aspect of responsibility should be taken into account. The formation of a measure of moral responsibility associated with its promising aspect in the context of the development of a legal society and the reform of education is a common need.

    Alexander Dyakov sees a predominantly retrospective aspect in the degree of moral responsibility of an individual. He considers the measure of responsibility to be perspective-legal and ethical concepts, and does not classify it as a general sociological one. It focuses on the possible punishment of the individual in case of failure to fulfill her obligations to society, as well as when she violates legal and moral norms.

    It is necessary to make a perspective analysis of value relations and focus on the perspective aspect. The modern Russian researcher Galina Romanyuk considers the qualitative facet of the social subject as a measure of teacher's responsibility; which is a consequence of the development of individual freedom and independence.

    In society, there are certain expectations from the teacher for his actions. Such "requests" are characteristic even of his own conscience and he must answer them. Participants in the relationship of responsibility must be mutually socially active, aimed at asserting the interests, values ​​and norms of society, and act positively. The teacher is responsible to the extent that he is free and able to influence the development of society, the surrounding pedagogical environment and students. What is outside the sphere of freedom cannot be the subject of responsibility. So, the degree of moral responsibility of the teacher is determined by: socio-historical conditions of activity; real freedom; the ability to choose the type of behavior; motives and social value of actions; a combination of what is and what should be; personal qualities(giftedness, temperament, will, etc.).

    Pedagogical activity requires not only moral, but also legal regulation of relations in the system: "teacher - student", "student - student", "teacher - parents". Moral irresponsibility, as a rule, manifests itself in the legal, that is, in the pedagogical activity, moral and legal responsibility constitute a unity. general principles morality and law. Thus, the Law of Ukraine "On Education" says: "Pedagogical activities can be carried out by persons with high moral character, who have the appropriate education, professional and practical training, whose physical condition allows them to perform official duties."

    The Law of Ukraine "On Education" (2003) on the status of a teacher does not provide for the free expression of thoughts by him, which were not subject to legal responsibility.

    The state has established pedagogical responsibility for committing offenses. These include offenses related to non-compliance with the law on public policy and basic principles of education; organization of the educational process; low level learning; biased assessment of knowledge of pupils and students; humiliation of national dignity, neglect of the principle of freedom of conscience, etc.

    In the conditions of pedagogical activity, bringing to moral responsibility provides for the legal responsibility of the individual. The Labor Code of Ukraine (1971) states that the commission of an immoral offense by an employee performing educational functions is incompatible with the continuation of this work.

    At the same time, the quantitative certainty of moral and legal responsibility is expressed in the limitation by the state of the jurisdiction of public authorities and administration in the sphere of bringing teachers to administrative and material responsibility.

    In educational institutions, the ability of the team to respond morally is a necessity and a legal moment, certifying the sign of collectivism, which provides for the person-expressive nature of moral responsibility based on deep assimilation by a person cultural property, moral norms and attitude to public affairs, as to personal ones. It is impossible to replace the individual moral responsibility of a teacher with a collective one, and vice versa.

    The boundaries of both individual and collective responsibility must be clear, since it is impossible to be responsible for everything equally in moral and legal terms.

    The moral and legal responsibility of a teacher does not arise spontaneously, since it requires constant and persistent education. The driving force behind such education is contradictions and their creative solution. At the present stage of the development of society and education, certain socio-pedagogical, actually pedagogical and psychological, or personal contradictions have been outlined.

    Socio-pedagogical contradictions exist between:

    Objective requirements of society regarding a high level of moral and legal responsibility and subjective awareness, perception of these requirements by the teacher;

    Constant development of the objective conditions of the teacher's activity and relatively frozen moral and legal norms;

    Officially state and social-public pedagogy (learning theory) as a contradiction between freedom and necessity;

    Relative quantitative and qualitative changes in the process of forming a measure of moral and legal responsibility of the teacher;

    Declarative and guaranteed rights of the teacher;

    Essential and proper in the process of material and moral and legal assessment of the teacher's work;

    Perspective and retrospective principles of education of the moral and legal responsibility of the teacher.

    Actually pedagogical contradictions appear between:

    The purpose and means of moral and legal responsibility of the teacher;

    Legal and moral-volitional qualities of a person;

    The individual style of the teacher's activity and the established traditions of the teaching staff;

    Absoluteization of knowledge of moral and legal acts and inadequate real moral and legal support for the implementation of this knowledge;

    Quantitative determination of the scope of moral and legal responsibility of the teacher and the lack of conditions for its implementation;

    According to the state of autonomy and dependence of the teacher. psychological, or personal, contradictions occur between:

    The needs and impossibility of the creative realization of the personality of the teacher;

    Conscious and unconscious in understanding the moral and legal responsibility of the teacher;

    Moral and legal norms and value orientations of the personality of the teacher;

    Scientific and ordinary levels of moral and legal responsibility;

    Positive and negative impacts of the team in the education of the moral and legal responsibility of the teacher.

    Ways to resolve contradictions in the formation of the teacher's moral responsibility should be sought based on an analysis of the causes of their occurrence and the creation of real conditions for overcoming them.

    In order to improve educational work in educational institutions it is advisable to direct efforts towards solving the following tasks:

    1) at the pre-university stage, create a system of vocational guidance and professional selection of young people for professional activities, which takes into account not only the calling of the child to the chosen activity, but also a certain level of development of his abilities, inclinations and intuition. From the point of view of pedagogical forecasting, this requires the creation of special scientific centers with the involvement of many scientists and trainees; development of professional selection programs taking into account the differentiation and integration of knowledge, etc.;

    2) at the university stage, the main attention should be focused not so much on the student learning the necessary information and developing certain skills, but on the formation of a need for action, a constant desire for professional growth. Under such conditions, it is necessary to train future teachers to model pedagogical situations, apply knowledge in the process of solving practical problems and improving pedagogical practice. This requires thorough and comprehensive psychological and pedagogical training;

    3) at the stage of professional training, the most important are the self-realization of the teacher, his practical ability to use knowledge and moral and legal intuition in order to humanize the learning process, development and upbringing of the child. The teacher, who has been in a situation of moral and legal nihilism and lawlessness for a long time, loses not only his responsibility, but also the ability to form it in students, cannot navigate in determining relationships with students and colleagues. He ceases to be active both at the level of intuition and at the level of logic. Overcoming such a state will be made by humanization and democratization, the creation of a meritocratic society in which the opportunity to obtain a respectable position, material and social protection depends on the level of education, abilities, talent, culture and humanity of the individual.

    So, the teacher is the subject of moral responsibility, which is embodied in the choice of a decision between various options for the corresponding action, and the presence of socio-pedagogical and personal contradictions ensures the dynamics of this responsibility.

    © 2022 ostrovbalitur.ru. Health and beauty. Relations. Rest. Family and psychology. Esoterics.