The rights and obligations of students, their parents or guardians according to the Federal Law N 273 and responsibility for its failure

What are the basic rights and obligations of students in the Russian Federation? Immediately after the birth of a child, a certain relationship is established between the baby and the parents. Some are regulated by norms, for example, family law, others by the morality and rules of residence of people.

Let us dwell on this complex issue, and pay attention to the rights and obligations of students who were left without parental care.

what are the responsibilities of parents

Relationship Options

In the family, property and personal relationships are established between children and parents.

Children have the following personal rights:

  • on education and family life;
  • respect for human dignity;
  • for unhindered communication with relatives;
  • in the name, patronymic, last name (Article 58 of the RF IC).

Protection of personal rights is regulated by Art. 56 of the Family Code of the Russian Federation. Representation of the legitimate interests and rights of minor citizens in all cases provided for by law, in the absence of parents, may be provided by guardianship and trusteeship authorities.

Important aspects

According to Part 2 of Art. 56 of the Family Code of the Russian Federation, a child has the right to protection from encroachment by parents or persons who substitute them. If they do not fulfill (partially fulfilled) the duties of raising and educating children, the child may seek help from the guardianship and trusteeship authorities or, upon reaching the age of 14, make a statement of claim independently.

According to the legislation in force in the Russian Federation, a child has the right to express an opinion when deciding in the family issues that affect his personal interests. In court proceedings related to the restoration (deprivation) of parental rights, the opinion of a child who has reached the age of ten must be taken into account.

The current family law of the country contains a significant range of personal rights of minor children.

The rights and obligations of students are allocated separately. For example, parents are required to support their children, otherwise, funds are collected from them in favor of the child in court.

Each minor has the right to income that is received by him, as well as to property acquired at his own expense, legally inherited.

student rights and obligations

The right to dispose of property

The basic rights and obligations of students will be considered a little later. First, we note that a child can dispose of property that belongs to him on the basis of property rights, it is determined by Art. 26 and Art. 28 of the Civil Code of the Russian Federation. At the age of 14-18 years, transactions by minors are carried out with the written consent of legal representatives: parents, trustee (adoptive parent).

If the subject of the transaction is not approved by the legal representatives in writing, it shall be recognized as illegal.

what rights do children have

What minors can do on their own

Considering the rights and obligations of students studying at schools, lyceums, gymnasiums, we note that adolescents without the consent of trustees or adoptive parents and parents have the following rights at the age of 14-18 years:

  • manage your scholarship, earnings, other material incomes;
  • receive copyright to works of art, literature, science, inventions or other results of intellectual activity protected by the law of the Russian Federation;
  • make contributions to financial organizations, fully dispose of invested funds;
  • make minor household transactions.

After reaching the age of 16, minors have the right to membership in cooperatives.

For those transactions that were concluded legally, minors themselves are 14-18 years of age.

Section 44 of the Federal Law

Right to education

Analyzing the rights and obligations of students in the Russian Federation, we dwell on the constitutional right to receive education (Article 43). The state is a guarantee of free and public access to preschool, general basic and secondary vocational education in municipal or state institutions, as well as in enterprises. Education means a systematic process of training and education of the younger generation in the interests of society, the state, and the individual. It is accompanied by confirmation of achievement by students of the qualifications established by the state.

The rights and obligations of students in a school, lyceum, gymnasium, and vocational school are regulated by national legislation on education. The law of the Russian Federation “On Education”, as well as other normative acts in the subjects of the country in this area are singled out as the main sources.

Federal Law 273 considers the rights and obligations of students in detail. Thus, the state guarantees the receipt of free high-quality education regardless of nationality, race, place of residence, origin, religious beliefs. Forms of its receipt may be different:

  • part-time;
  • full-time;
  • correspondence;
  • family education;
  • externship;
  • self-education.

The rights and obligations of minor students allow the choice of the optimal form.

Types of educational institutions

Most citizens study at educational institutions. The legislation of the Russian Federation provides for the following options for such organizations:

  • preschool;
  • general education of general primary, general secondary (complete) education;
  • professional education;
  • higher education;
  • postgraduate education.

For minor citizens of the Russian Federation, the main types of educational state institutions are institutions of general primary, general secondary, full education.

Despite the variety of forms of educational institutions (gymnasiums, schools, colleges, lyceums), the prevailing form of institutions for many minors are ordinary general education schools.

Depending on the organizational and legal form (in accordance with the legislation in force in the Russian Federation), state and municipal non-state (for example, public, religious, private) associations and (or) organizations are distinguished.

Each provides its rights, obligations and responsibilities of students. Most of the educational institutions in Russia are municipal and state. It is the founder (state, municipality) that establishes the algorithm for admitting citizens to schools at the level of general primary, basic general, complete secondary, as well as vocational education.

Admission to school

The procedure provides for the provision of all minors living in a particular territory with high-quality free education.

The rights and duties of the parents of students include the opportunity to familiarize themselves with the charter of the institution, other local acts adopted at the school with the aim of regulating the educational process.

Parents, coming to school before writing a statement, have the opportunity to get acquainted with the rules of conduct in an educational organization, to evaluate the quality of the organization of the educational and educational process. Then you can make a decision on admission to this institution, write an application for the adoption of a child in the first (tenth) grade.

All rights and obligations of students of educational institutions are recorded in the charter of the school. Also, this regulatory document indicates the age of admission of children to school, the duration of training. It is the charter of the school that contains information regarding the duration of changes, training sessions, especially the organization of extracurricular activities.

The basic rights, duties and responsibilities of students are brought to their attention by class teachers at parent meetings of legal representatives of minors.

Similar information is provided to the students themselves at the classroom hours, as well as during extracurricular activities with classrooms. All the basic rights and obligations of students in federal law are fixed, which schools are guided by when drawing up their own local acts.

General rules of conduct for students

Pupils come to the educational institution ten minutes before the lessons.

The rights and obligations of students of an educational organization are established on the advice of the school, brought to the attention of teachers, children, parents (legal representatives).

Students should be tidy, clean, leave their outerwear in the wardrobe, and use replaceable shoes.

Students are obliged to conscientiously treat educational work, respect classmates, school staff, fully comply with the requirements of teachers to comply with the charter of the educational organization, as well as the internal rules.

The rights and obligations of parents of minor students are regulated by the Constitution of the Russian Federation.

Students cherish the property of the school, observe order and cleanliness in classrooms, corridors, a gym, workshops, and other rooms.

It is forbidden to take things belonging to other schoolchildren, employees of an educational institution.

Intimidation, humiliation, bullying of a person, discrimination against children on religious or ethnic grounds are prohibited. The rights and obligations of parents of minor students include attendance and academic performance monitoring.

Good reasons for the absence of a child in OS

If the child is absent from classes, classroom events, or school-wide events for a serious reason, parents must provide the classroom teacher (or the administration of the institution) with a note or medical certificate. Good reasons for not being in school:

  • disease;
  • appointment with a doctor;
  • emergency problems in the family;
  • Skipping a lesson by prior arrangement with the school.

A student who misses without good reason more than three days a month is allowed to attend classes only after a written explanation of such a situation by parents (the explanation is drawn up in the name of the director of the educational institution) or to clarify the reason for the absence during their personal visit to the school.

A child who is systematically late for school is invited along with parents (legal representatives) to the administration of the educational institution to explain the reasons for this behavior.

duties and rights

Typical Student Rights

All rights and obligations of the parents of students and their legal representatives are respected, taking into account regulatory acts and documents operating in the territory of the Russian Federation.

The right to free education has already been mentioned above. The implementation of GEF of the new generation is a guarantee of creating optimal conditions for each student, contributing to his self-development, self-education.

Students can use the library funds of the educational institution for free.

Students have the right to additional assistance from the teacher in obtaining knowledge if classes were missed due to illness.

All students of an educational institution can receive the necessary information on additional education at school.

The right to a break between academic and extracurricular activities is fixed.

Students are guaranteed protection, health promotion, respect for the individual.

Pupils have the right to freely express their position in compliance with ethical and moral standards.

Students can enter school self-government bodies, take an active part in organizing extracurricular activities, make suggestions on organizing holidays, conferences, seminars, and workshops based on the school.

All public school students have the right to develop creative interests and individual abilities.

Duties of schoolchildren

Students must know and comply with the laws of the Russian Federation, the charter of the educational organization, and comply with all the requirements of the internal rules.

Pupils are obliged to act for the good of their school, to show respect for its traditions.

Work on deepening their creative and logical abilities, study conscientiously, and daily prepare homework for each academic discipline.

Pupils should attend all classes according to their schedule, not be late for lessons and extracurricular activities.

Also, the obligation of students of a general educational institution is to respect the honor and dignity of other students, teachers and other workers. Pupils should appreciate the work of the teacher.

They must fulfill the instructions of the school principal, teacher and other school staff in accordance with the internal regulations and the charter of the educational institution.

Outside the school, children should behave with dignity, monitor their speech, not use profanity and swear words.

parental responsibilities for children

What is forbidden to schoolchildren

It is forbidden to leave school at will during the training period. Leave classes without agreement with the class teacher and administration. Pupils do not have the right to disturb silence and order in the classroom and after school hours, as well as in school corridors.

It is forbidden to bring flammable, explosive objects, toxic and poisonous substances, flammable objects, cutting and pricking tools, knives, gas cans to the educational institution.

You can’t bring and use drugs and alcohol at school, smoke in the territory of an educational organization.

Students are forbidden to destroy and damage school property, to insult the dignity of classmates and teachers.

You cannot use gaming devices, players, mobile phones during lessons and after-hours classes. These items can only be in the portfolio, for the duration of classes they must be turned off.

Student Responsibility

In case of violation of the norms of Russian legislation, non-compliance with school rules of conduct, measures are applied to students.

In case of damage to the educational institution, other schoolchildren, school staff, the parents of the schoolchildren compensate it.

Disciplinary sanctions and educational activities are conducted with students who miss classes without good reason, who do not comply with the internal rules.

Among the educational measures that are applied to malicious violators by the school administration, its employees, we highlight:

  • comment;
  • rebuke;
  • deduction from an educational organization.

A disciplinary sanction is imposed no later than 30 days after the period of its discovery, but no later than 180 days from the date of commission, not including the time of illness of the child, while on vacation.

If the student commits misconduct more than once, then the punishment is toughened. Disciplinary measures are not applied in relation to preschool children, primary school students.

Before a disciplinary sanction is imposed on a student, an investigation is carried out, the basis for which is a written appeal to the school principal from another member of the educational organization.

what do the guardians do

Conclusion

Certain rights and obligations of the legal representatives of students are regulated by the Constitution of the Russian Federation, the charter of the educational organization, and other regulatory documents. Lessons and extracurricular activities at the school are held according to a schedule approved by the school principal. Students of Russian schools are involved in extracurricular activities, as this is an integral part of the educational process.

The main regulatory and legal act that regulates relations in the educational system is the federal law “On Education”.

He proclaims the basic principles of education that are used in our country: humanism, accessibility, pluralism, secular nature.

It is in this normative document that the basic social guarantees of citizens are fixed, on its basis standard provisions for general educational institutions, school charters are developed.


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