The Sbac practice test fundamental element of the legal status of teachers is the right to engage in pedagogical activities. The content of this right, during the formation of domestic educational legislation, including under the influence of the decisions of the Constitutional Court of the Russian Federation , has also repeatedly undergone significant changes.
Thus, for example, until 2010 the Law of the Russian Federation on Education and the Labor Code of the Russian Federation determined that the pedagogical activity in educational institutions is open to persons who have an educational license, which is determined by the standard regulations on educational institutions of the corresponding types and types. At the same time, the standard regulations on educational institutions that were in force during the mentioned period in a number of cases allowed for the pedagogical activity of persons who do not have secondary or higher professional education (including persons having “incomplete higher education” confirmed by a relevant diploma, and persons having secondary special education – “pedagogical class”).
In 2010 the Qualification characteristics of posts of educational workers were approved according to which, as an exception by the decision of the certification commission, persons without secondary or higher professional education were also admitted to pedagogical activity in the absence of restrictions established by legislation.
Based on the requirements of the new Federal Law on Education in the Russian Federation the right to engage in pedagogical activity today has the right to persons who have secondary or higher professional education and meet the qualification requirements specified in qualification guides and (or) professional standards.
At the printable sbac practice test same time, the receipt of professional education is confirmed exclusively by the document on education and the qualification issued to a person who has successfully passed the state final certification, the availability of secondary professional education is confirmed by a diploma of secondary professional education, higher education is confirmed by a bachelor’s, specialist’s and/or master’s degree.
As we can see from the literal interpretation of the legal norms in force since 2013, the requirements of the Federal Law on Education in the Russian Federation do not allow for the possibility of teaching by persons without professional education (secondary or higher). The existence of such conditions by law is considered necessary, replacement of such mandatory rules by provisions of other by-laws is prohibited.
Thus, with the adoption of the Federal Law on Education in the Russian Federation overnight the question of the legal status of a large number of teachers who do not have secondary professional or higher education, but for a long time on previously legal grounds involved in the implementation of programs of preschool and additional education of children and adults.
At the same time, the lack of a normative definition of the concept of “special training”, used in the Qualification characteristics of educational workers, and its relationship to such concepts as “professional education” and “qualification” further aggravated the situation with contradictory law enforcement practice, and in some cases led to violations of the rights of workers by the heads of educational organizations.