Responsible teacher. "Mentor, unforgettable leader and teacher

If a teacher has only love for the job, he will be a good teacher.

If the teacher has only love for the student, like a father or mother, he will be better than the teacher who has read all the books, but has neither love for the work nor for the students. If a teacher combines love for work and for students, he is a perfect teacher.

L.N. Tolstoy

A teacher is a person who has special training and is professionally engaged in pedagogical activity. Here you should pay attention to the word "professional". Almost all people are engaged in non-professional pedagogical activity, but only teachers know what, where and how to do, they know how to act in accordance with pedagogical laws, and are responsible in the prescribed manner for the quality performance of their professional duty.

The teacher of the developmental education class is special. He is an intermediary between children and the world of adults. He perfectly knows the mysteries of the maturing psyche, knows how to give the baby knowledge, teaches him to be a man. Teacher's work elementary school incomparable in its significance with any other work: its result is a man. He - the most knowledgeable, the most responsible, the most important teacher - is given the most precious thing by the family and society - the fate of the young citizens of their country, its future. The person standing at the teacher's table is responsible for everything. It is the responsibility for the fate of each student, the younger generation, society and the state that characterizes the position of a teacher. What will be the results of the work of teachers today, so will our society tomorrow.

Pedagogical function - This is the direction of application of professional knowledge and skills prescribed by the teacher. Of course, the main areas of application of pedagogical efforts are training, education, upbringing, development and formation of students. In each of them, the teacher performs many specific actions, so that his functions are often hidden and not always implied explicitly. Nevertheless, having looked at the root of pedagogical work, we will establish what lies at the basis of professional pedagogical activity and find out: what the main function of the teacher is to manage the processes of education, upbringing, development, and formation.

The teacher is called upon not to teach, but to direct the teaching, not to educate, but to manage the processes of education. Not for the student, but together with him: to show, help, encourage. And the more clearly he understands this main function of his, the more independence, initiative, freedom he gives to his students. A real master of his craft remains in the educational process, as it were, “behind the scenes”, outside the choice freely carried out by students, but in fact - controlled by the teacher. Consequently, the core of pedagogical work in the management of all those processes that accompany the formation of man.

Correction is also management, but peculiar, based on the diagnosis of the causes of the deviation and the personality of the student. Modern life, full of tension and stress, leads to the fact that many children do not need management in general, but targeted, individual pedagogical assistance. All over the world they started talking about a new correctional, facilitating function of the teacher. He began to be called a facilitator (from the English. facilitate- facilitate), proofreader, friend of children. The responsibility of teachers for the fate of future generations, for the correctness and timeliness of educational influences is increasing.

The demands on teachers are also growing. Among them, the first place is pedagogical abilities. Pedagogical abilities are a personality trait expressed in a propensity to work with students, love for children, and enjoy communicating with them. The main groups of abilities are distinguished:

1. Organizational; are manifested in the teacher's ability to rally students, engage them in useful work, share responsibilities, plan work, summarize its results, etc.

2. Didactic; are expressed in the ability to select and prepare educational material, visualization, equipment, to present knowledge in an accessible, clear, expressive, convincing and consistent way, to direct the development of cognitive interests, spiritual needs of students in the right direction. receptive, manifested in the ability to penetrate the spiritual world of pupils, to objectively assess their emotional states, to identify behavioral features, to diagnose the results of educational activities.

3. Communicative; are manifested in the ability of the teacher to establish pedagogically expedient relationships with students and their parents, colleagues, leaders of the educational institution.

4. suggestive; consist in the emotional and volitional influence on students.

5. research, manifested in the teacher's ability to understand and objectively evaluate pedagogical situations and processes, to predict future results depending on the methods of pedagogical activity used.

6. Scientific and educational, reduced to the teacher's ability to master new scientific knowledge and technologies of pedagogical work.

The teachers themselves refer to the leading pedagogical abilities as pedagogical vigilance (observation), didactic, organizational, expressive (emotional expressiveness); the rest are referred to as accompanying, auxiliary.

Experts tend to conclude that the lack of pronounced pedagogical abilities can be compensated the development of other important professional qualities - diligence, honest and serious attitude to one's duties, constant work on oneself.

We must accept pedagogical abilities (talent, vocation, inclinations) as an important prerequisite for successfully mastering the teaching profession, but by no means a decisive professional quality. How many candidates for teachers, having brilliant inclinations, did not take place as teachers, and how many initially incapable students got stronger, rose to the heights of pedagogical skill! A teacher is always a great worker.

Therefore, we must recognize as important professional qualities of a teacher diligence, efficiency, discipline, responsibility, the ability to set a goal, choose ways to achieve it, organization, perseverance, systematic and systematic improvement of one's professional level, the desire to constantly improve the quality of one's work, etc.

Through these requirements, the teacher is realized as an employee fulfilling his duties in the system of industrial relations.

Before our eyes, there is a noticeable transformation of educational institutions into production institutions that provide "educational services" to the population, where plans, contracts, strikes occur, competition develops - an inevitable companion of market relations. Under these conditions, it is of particular importance human qualities of the teacher, which become professionally significant prerequisites for creating favorable relationships in the educational process. Among these qualities humanity, kindness, patience, decency, honesty, responsibility, justice, commitment, objectivity, generosity, respect for people, high morality, optimism, emotional balance, need for communication, interest in the life of pupils, goodwill, self-criticism, friendliness, restraint, dignity , patriotism, religiosity, adherence to principles, responsiveness, emotional culture and many others.

A quality that is obligatory for a teacher - humanism - is an attitude towards a growing person as the highest value on earth, an expression of this attitude in concrete deeds and actions. Humane relations necessarily imply interest in the child, respect for his rights and freedoms, respect for his opinion, knowledge of the characteristics of age development. They are combined with high demands on learning activities and student behavior. Humanism is also a constant preoccupation with the fate of the child, the correct course of his development. When students see the humane aspirations of the teacher, they follow them unconsciously at first, gradually gaining experience in a humane attitude towards people. A teacher in our society is a model of humanistic behavior.

The teacher is always active, creative personality. He is the organizer Everyday life schoolchildren. Only a person with a developed will, where personal activity plays a decisive role. The pedagogical leadership of such a complex organism as a class, a children's team, obliges the educator to be inventive, resourceful, persistent, always ready for self resolution any unexpected situations.

Professionally necessary qualities of a teacher - endurance and self-control. A professional always, even under the most unexpected circumstances (and there are many of them), retains leadership. Under no circumstances should the students feel or see any breakdowns, confusion and helplessness of the educator. Where necessary, the teacher will stop, step back. A.S. Makarenko argued that a teacher "without brakes" is like a spoiled, uncontrollable machine. We will constantly remember this, control our actions and behavior, not stoop to resentment towards children, not be nervous over trifles.

Emotional sensitivity in the character of the teacher - a kind of barometer, allowing him to feel the condition of the students, their mood, in time to come to the aid of those who need it most. The natural state of the teacher is professional concern for the present and future of his pupils. Such a teacher is aware of his personal responsibility for the fate of the children entrusted to his care.

The essential professional quality of a teacher is justice. By the nature of his activity, the teacher is obliged to constantly evaluate the knowledge, skills, actions of students. It is important that his value judgments are fair, balanced, and correspond to the level of development of schoolchildren. According to the assessments, children judge the objectivity of the educator. Nothing strengthens the moral authority of a teacher so much as his objectivity. Let us leave prejudice and subjectivism outside the classroom as harmful to the cause of education!

The educator must be demanding. This is the most important condition for its successful work. The teacher first makes high demands on himself, because you cannot demand from others what you do not have yourself. Pedagogical demands must be reasonable. Masters of upbringing take into account, first of all, the capabilities of the child, measure their plans and paces with them, predict their own and their future results based on the capabilities of the children.

The educator helps to neutralize the strong tension present in the pedagogical process. sense of humor. No wonder they say: a cheerful teacher teaches and educates better than a gloomy one. In his arsenal of pedagogical tools, there is always a joke, a joke, a proverb, a successful aphorism, a friendly smile - everything that allows you to create a positive emotional mood in the class, helps schoolchildren to look even at a hopeless situation and themselves in it from a comic side.

Separately, it should be said about the professional tact teacher - a special ability to build their relationships with students. Pedagogical tact is the observance of a sense of proportion in everything, but above all in communication with students. Tact is a concentrated expression of the mind, feelings and general culture of the educator. The core of the pedagogical tact is respect to the student's personality. Knowledge of children, understanding of their states warn the teacher against tactless actions, suggest him the best methods of pedagogical action in a particular situation.

Personal qualities of a teacher are inseparable from professional ones (Fig. 21). The teaching profession requires special knowledge, skills, ways of thinking, communication styles. Among them: possession of the subject of teaching, methods of teaching the subject, psychological preparation, general erudition, broad cultural horizons, pedagogical skills, professional optimism, possession of technologies of pedagogical work, organizational skills, pedagogical technique, possession of communication technologies, oratory and other qualities.

Love for your professional work- a quality without which a teacher cannot take place. The components of this quality are conscientiousness and dedication, joy in achieving positive educational results, constantly growing demands on oneself, on one's pedagogical qualifications.

Without professional optimism, the belief that corrective assistance to the student is necessary and will certainly give its results, it will be difficult for the teacher to carry out the work begun. Determined that teacher's expectations influence the behavior of children. A demonstrative experiment was conducted by the American psychologist R. Miller. Noticing that the classrooms were dirty, he asked the teacher to constantly remind the children to be neat and tidy. As a result of these persistent requests, the amount of garbage in the bins increased, albeit slightly - from 15 to 45%. In another class, where the children also put only 15% of the garbage in the bins, they were praised daily for their neatness and accuracy. After two weeks of non-stop praise, the children began putting more than 80% of their garbage into the bins. Let us tell our children that they are hardworking and kind (and not lazy and mediocre), and they will rise to that bar.

The personality of a modern teacher is largely determined by his erudition, high level of culture. Anyone who wants to navigate freely modern world, in the most complex labyrinths of educational situations, must know a lot. A teacher is always a clear role model, he is a kind of standard of how it is customary and how one should behave, how much and what one needs to know.

The humanistic school completely rejects didactogeny- callous, callous attitude towards children. Didactogeny is a historical phenomenon. Even in the old days, its detrimental effect on learning was understood, and a law was even formulated according to which a rude, soulless attitude of a teacher to a student will certainly lead to negative consequences. Didactogeny is an ugly relic of authoritarian pedagogy. And although now in schools they don’t beat, don’t humiliate, don’t insult, but didactogeny has been preserved in some places. If the teacher gives the main place to “order”: “Children, sit down!”, “Children, hands!”, “Align!”, “Children, legs!”, Then this is very similar to disrespect for the individual. Didactogeny becomes the cause of deviant behavior, pedagogical neglect.

The most important means of preventing and overcoming didactogeny is skillful, verified communication between the teacher and students. Pedagogical communication - contact between the teacher and the children. It can also be defined as the professional interaction of a teacher with students, aimed at establishing a trusting relationship between them. An important role is played in this a culture of speech, correct breathing, voice. The teacher will learn to control his voice, his face, be able to hold a pause, posture, facial expressions, gesture. “I became a real master only when I learned to say “come here” with 15-20 shades, when I learned to give 20 nuances in setting the face, figure, voice,” A.S. Makarenko.

Problems of pedagogical communication are being actively studied in world pedagogy. The book by American educators J. Brophy and T. Goodd "Teacher-Student Relations" analyzes the features of the teacher's "subjective" communication, manifested in a selective attitude towards students. It has been established, for example, that teachers more often turn to schoolchildren who evoke sympathy in them. Indifferent students are outside the teacher's attention. Teachers treat "intellectuals", more disciplined, executive students better. Passive and "blunders" in second place. And independent, active and self-confident schoolchildren, oddly enough, do not enjoy the teacher's disposition at all. The external attractiveness of the student has a significant impact on the effectiveness of communication.

J. Brophy and T. Goodd also found that teachers:

1) they involuntarily turn more to those students who sit at the first desks;

2) evaluate their achievements with higher scores;

3) prefer to praise students with beautiful handwriting;

4) allocate those who are neater dressed;

5) women give higher marks to boys;

6) men somewhat overestimate the marks of pretty students.

Depending on the style of pedagogical communication, three types of teachers are distinguished: "proactive", "reactive" and "overactive". The first is initiative in organizing communication, individualizes his contacts with students, his attitude changes in accordance with experience. He knows what he wants, understands what in his behavior contributes to the achievement of the goal, and what hinders this. The second is also flexible in its settings, but internally weak. Not he, but schoolchildren dictate to him the nature of communication with the class. He has vague goals and frankly opportunistic behavior. An "overactive" teacher is prone to exaggerated assessments of his students and building unrealistic communication models. If the student is a little more active than others, then he is a rebel and a bully, if a little more passive, then he is a quitter and incapable. False assessments invented by him make the poor fellow act accordingly: every now and then he gets into unpleasant situations.

In addition to the main weapon of the teacher - words, in his arsenal is a whole set of non-verbal (non-verbal) means of communication. The role is played by posture, facial expressions, gesture, glance. Studies, for example, have shown that up to 10-15% of information is lost when the teacher's face is motionless or invisible. Children are very sensitive to the teacher's gaze. When his face becomes unfriendly, students feel discomfort, work efficiency decreases. “Closed” postures of the teacher (when he somehow tries to close the front of the body and take up as little space as possible in space; “Napoleonic” posture standing: arms crossed on the chest, and sitting: both hands rest on the chin, etc. ) are perceived as distrust, disagreement, opposition. “Open” postures (standing: arms open with palms up, sitting: arms outstretched, legs extended) are perceived as trust, consent, goodwill. All this is perceived unconsciously.

Enthusiasm, joy and distrust are usually conveyed in a high voice, anger, fear are quite high, grief, sadness, fatigue are usually conveyed in a soft and muffled voice. Remember how shrill or creaky voices of individual mentors annoyed you at school, and you will understand that a voice can also become an obstacle to teaching. Much can be changed by self-education, constant work on oneself. The speed of speech also reflects the teacher's feelings: fast speech - excitement or concern; slow speech indicates depression, arrogance or fatigue.

It has been proven that stroking, touching, shaking hands, patting are biologically necessary form stimulation, especially for children from single-parent families, for whom the teacher replaces the missing parent. Stroking a naughty or offended, the teacher will sometimes reach a complete understanding with him. But not everyone gets the right to do this, but only the teacher who enjoys the trust of the pupils.

The norm of pedagogical distance is determined by the following distances:

Personal communication of the teacher with students - 45-120 cm;

Formal communication in the classroom - 120-400 cm.

A feature of pedagogical work is a constant change (“break”) in the distance of communication, which requires the teacher to repeatedly adapt to changing conditions and great stress.

The teacher will never forget about gestures. They enliven communication, simplify relationships. The gestures of the teacher are very favorable when his hands are turned palms up. There are also unacceptable gestures: do not cross your legs, put your hands behind your back or keep them in your pockets - this creates a barrier between the interlocutors. Avoid gesturing with your index finger - in this way, you once again emphasize your role as a leader, a person standing above. Avoid fiddling with a pen or glasses, drumming your fingers on the table, or stamping your feet - this is distracting, showing your impatience or insecurity. The teacher looks at each of his students in turn, and not at the window or the book. Then everyone will feel your attention to him personally.

By making such high demands on their teachers, modern society understand that they are asking for the impossible. The harsh realities of life, the low prestige of the profession, and low wages contribute little to the development of human and professional qualities. From the teacher leading corrective work, it is impossible today to demand either asceticism, or a “fitting heart” (AS Makarenko's expression), or great love for children. All that is required of him is honest, conscientious fulfillment of his professional duty. "Do no harm!" - we tell the teacher. Don't correct anything if you don't understand. Do not poke your head with your hasty actions until you understand what's what, until you find out everything to the end. Don't hurt the child. It is better to give up honestly where you are powerless.

Thus, the teacher of correctional classes performs many activities. In professional language, they are called pedagogical functions. The main pedagogical function is the management of the educational process. No profession makes such high demands on a person as teaching. By “trying on” them for yourself, the future teacher will understand how much work still remains to be done on himself in order to boldly enter the class and say: “Hello, children, I am your teacher.” Honest fulfillment of one's professional duty is valued above all else in society today.

• Moskaleva Anastasia Alexandrovna, bachelor, other position
• Omsk State Pedagogical University

• DISCIPLINARY ACTION
• DISMISSAL
• TEACHER WORKER
• MISTAKE
• REBUKE
• COMMENT

A teacher is a special subject of labor relations. The specifics of his work activity leaves its mark on those offenses for which he may be subject to disciplinary responsibility. This article discusses the problems of labor discipline of a pedagogical worker. As well as possible ways of action, in case of disagreement with the imposed disciplinary sanction.

• An effective contract as a means of increasing the motivation of teaching staff
• Some aspects of the legal regulation of the termination of a service contract
• The problem of legal regulation of the dismissal of a civil servant due to loss of confidence
• Problems of state registration of rights to linear objects
• Mechanisms of social and legal protection of motherhood and childhood in modern Russia

Labor discipline is the obligatory obedience of all employees to the norms of behavior established by the regulatory legal acts of labor legislation. The employer encourages employees who conscientiously fulfill their duties. Exist different types rewards: announcement of gratitude, bonuses, awarding with a valuable gift, certificate of honor, etc. The use of such measures, of course, stimulates employees to achieve even greater results in work. However, there is a downside, when the employee does not properly perform his duties, which is a violation of labor discipline and entails the imposition of disciplinary liability. Disciplinary liability in the Russian Federation is established for non-performance or improper performance by an employee of labor duties provided for in Art. 21 of the Labor Code of the Russian Federation, including:

1. Conscientious performance of official duties stipulated by the employment contract;
2. Compliance with the rules of internal labor regulations;
3. Fulfillment of established labor standards;
4. Compliance with labor protection and safety requirements;
5. Careful attitude to the property of the employer.

Job responsibilities are fixed in the employment contract, as well as local acts, for example job description. Among the measures of responsibility for disciplinary offenses, the following types of punishments are provided:

1. Remark - is the most loyal measure of punishment, usually carried out in writing;
2. A reprimand is a rather severe punishment, because. may serve as grounds for the dismissal of an employee;
3. Dismissal on the appropriate grounds is the most severe measure of disciplinary action.

The legal responsibility of teaching staff is an essential element of their legal status, as well as a guarantee of conscientious performance of official duties. So, part 4, article 48 of the Federal Law No. 273 “On Education in the Russian Federation” (hereinafter referred to as the Federal Law) establishes that pedagogical workers are liable for failure to perform or improper performance of their duties. At the same time, the legislator does not establish sanctions in the Federal Law itself, but refers us to other legislation. In the labor legislation, teaching staff is singled out as a special category of workers. In my opinion, this is done, first of all, in view of the fact that the teacher plays a paramount role in the development of the human personality, in particular, and society as a whole. Thus, persons who have a criminal record, who have been subjected to criminal prosecution, who have dangerous diseases, etc., are not allowed to teach. There are features in the termination employment contract with pedagogical workers: in addition to the grounds common to all categories of workers, the following conditions will contribute to the termination of an employment contract with a pedagogical worker:

1. Repeated within one year, a gross violation of the Charter of the educational organization;
2. The use (including one-time) of educational methods associated with physical or moral violence against the personality of the student;
3. Reaching the age limit for the position held.

When imposing a disciplinary sanction, the gravity of the misconduct committed, as well as the circumstances under which it was committed, must be taken into account. It is not allowed to apply disciplinary sanctions that are not provided for by law, for example, a fine for an employee being late. A disciplinary sanction, in case of disagreement of the employee, can be appealed to the labor inspectorate or to the court.

Now consider the example of appealing a disciplinary sanction in court. Thus, by the decision of the Judicial Collegium for Civil Cases N 33-2831, it was established that K. filed a lawsuit with a claim for reinstatement and recovery wages during forced absenteeism, referring to the fact that he worked in the BOU DOD as a teacher of additional education. By order of December 30, 2015, he was dismissed under Art. 336 p. 2 of the Labor Code of the Russian Federation. The reason for the dismissal was a violation of the rights of students, assault, but he did not commit disciplinary offenses. At the hearing, K. supported the claim, explaining that on December 24, 2015, he heard a blow on the office door. When I went out into the corridor, I saw P., who had a tennis racket in his hands. He reprimanded him and told him to hand over the racket, which P. did. Ch. and M. saw what was happening. The next day, M. demanded an explanation from him on this fact, but took him away, not allowing him to write the explanation to the end. He was familiarized with the order of dismissal. The representative of the plaintiff Z. supported the claims of the principal, pointing out that the fact of the use of violence against P. was not confirmed, in addition, the procedure for dismissal was violated: an explanation was not requested, the plaintiff was not familiarized with the order in a timely manner, an act was not drawn up refusing to give an explanation and from the painting in the order. The representative of the defendant, the director of the BOU DOD M., did not recognize the claim, explaining that on December 24, 2015, Ch. told her that K. hit P.’s face with his hand. She saw that the boy’s cheek was red, he was hysterical, crying, shouting for K. to return the racket. The latter began to threaten him. The plaintiff handed over the explanation to her unfinished, without a signature, the plaintiff refused to sign on familiarization with the dismissal order. The plaintiff appealed the order, the higher authorities recognized it as lawful.

Summing up, it is worth noting that the special status of teachers as subjects of labor relations leaves its mark on the expansion of the conditions under which the dismissal of a teacher is possible, as the application of a disciplinary sanction.

Bibliography

1. Labor Code Russian Federation"No. 197-FZ of December 30, 2001 (as amended on July 3, 2016) (as amended and supplemented, effective from January 1, 2017)
2. Federal Law No. 273-FZ of December 29, 2012 (as amended on July 3, 2016, as amended on December 19, 2016) "On Education in the Russian Federation" (as amended and supplemented, effective from January 1, 2017)
3. Kirillovykh A.A. Labor regulation in a higher educational institution: A practical guide / A.A. Kirillovykh - M .: Yustitsinform, 2009 - 103p.
4. Muravchenko V.B. Some aspects of the legal regulation of the municipal service in the federal law "On the municipal service in the Russian Federation // Modern law. - 2007. - No. 12.
5. Muravchenko V.B. The subject of legal regulation of the municipal service // Modern law. - 2008. - No. 11.
6. Muravchenko V.B. Classification of positions of the municipal service // Questions of jurisprudence. - 2011. - No. 2.
7. Muravchenko V.B. Register of positions of municipal service in the subject of the Russian Federation // Questions of jurisprudence. - 2010. - No. 3.
8. Moskaleva A.A. Legal Responsibility as an Element of the Legal Status of a Pedagogical Worker // State and Law in the Conditions of Modern Civil Society. - 2016. - S. 59-61.

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 payment of compensation for 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"

of the Code of Administrative Offenses of the Russian Federation, an official is subject to administrative liability in the event that he commits an administrative offense in connection with the failure to perform or improper performance of his 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 equally a person performing organizational and administrative or administrative and economic functions in state bodies, local self-government bodies, 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 payroll, premiums, monitoring the movement of material assets, determining the procedure for their storage, etc. Thus, if a teacher is endowed with the indicated powers and the legal status of students depends on the implementation of these powers (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.

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.

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

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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 legislation on education 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 for 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 responsibility can be applied, for example, for violation of sanitary and epidemiological requirements for the conditions of rest and rehabilitation of children, their upbringing and education (Article 6.7 of the Code of Administrative Offenses of the Russian Federation), for violation of the rules fire safety(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" Intangible 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 prescribed by them, as well as in those cases and within the limits in which the use of methods for protecting civil rights (Article 12) follows from the essence of the violated intangible benefit or personal non-property law and the nature of the consequences of this violation.

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 work in certain types of work (in agriculture, in hospitals, cleaning the streets), 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 can be held criminally liable for non-fulfillment or improper fulfillment of duties in relation to minor children, if this is connected with cruel treatment (Article 156 of the Criminal Code).