The issue of students' rights and their protection becomes especially acute during the session and during the period of admission to educational institutions (universities, colleges). After all, as a rule, at these moments the rights of students are basically violated, and the deadlines allotted for the session or the admissions process force them to look for the answer to the eternal question “Who is right? Who is guilty?" at a fast pace.
Student rights consist of three main parts:
Rights of a citizen of the Russian Federation or another country
- rights of the customer of educational services of an educational institution
- rights to benefits for a number of public and government services, as a representative of youth.
The general list of student rights is contained in the following regulatory documents:
Constitution of the Russian Federation,
Federal laws “On Education” and “On Higher and Postgraduate Professional Education,
Model regulations on an educational institution, charters of universities, colleges, etc., as well as other local documents provided for by the charters of an educational institution (for example, “Internal Regulations”).
For all questions related to the violation of your rights and freedoms on the territory of the educational institution, you can contact the management of the educational institution in writing, and if the problem is not systematically resolved by the administration of the educational institution, then you must contact higher and supervisory authorities.
By law, you must be given a response in writing within 30 days. If this does not happen, contact the prosecutor’s office and (or) human rights public organizations.
Where can a student seek qualified legal assistance for free?
Despite the large selection of all kinds of legal on-line consultations, we will dwell in detail on the two most representative ones, aimed specifically at working with students and solving educational issues.
“Pravastudentov.rf” is a project of the All-Russian Student Union, which will allow students not only to know their rights, but to be able to defend them. Here you will find regulatory documents related to education, free on-line consultation with a specialist and answers to frequently asked questions by students. Here are some of them:
Can a student appeal the orders and instructions of the university administration? Anna, Moscow State Technical University named after N. E. Bauman
Maybe. Students have the right to appeal orders and instructions of the university administration in the manner established by the legislation of the Russian Federation. The law provides for two ways for students to appeal orders and instructions from the university administration: administrative and judicial.
The subject of an administrative complaint can be both local and regulatory legal acts (decisions).
The form of the complaint can be written or oral (expressed at the reception). Its submission is not limited by any time limit. A written complaint must be signed. The general period for consideration of a complaint is one month. In some cases, when additional verification is required, the period for its consideration may be extended by the head or his deputy, but not more than by one month.
Orders and instructions of the university administration that entail violations of the law or abuse of authority, as well as infringing on civil rights, the student has the right to appeal in court.
In what cases can a student be expelled from the university? Arthur, Russian State University of Oil and Gas named after I.M. Gubkina
A student may be expelled from the university:
- for academic failure
- for violation of academic discipline, university internal regulations, dormitory regulations
- at your own request.
Federal State Budgetary Institution "Federal Center for Educational Legislation"
The Federal State Budgetary Institution "Federal Center for Educational Legislation" is a non-profit organization created by the Russian Federation to perform work and provide services in order to ensure the implementation of the powers of government bodies provided for by the legislation of the Russian Federation in the field of education, science, as well as in other areas.
The center was created by order of the Ministry of General and Professional Education of the Russian Federation dated January 12, 1999 No. 40 “On the organization of the Center for Educational Legislation.”
On the center's website, students will find a lot of background information in the field of educational law, as well as a database of frequently asked questions on student rights. Here are some of them:
After what course (semester) does a student have the right to transfer to another specialty? What document defines this? Olesya, Khanty-Mansi Autonomous Okrug-Yugra
General requirements for the procedure for transferring students from one main educational program to another, including within the university, are established by Order of the Ministry of Education of the Russian Federation of February 24, 1998 No. 501. Restrictions associated with the course and form of study, the type of main educational program for which the transfer of a student is not determined by the Ministry. The Ministry establishes the following condition that must be observed by universities when transferring to places financed from the relevant budgets: the total duration of a student’s studies should not exceed the period established by the curriculum of the host university for mastering the main educational program (taking into account the form of study), by more than 1 academic year year.
In accordance with clause 5 of the Transfer Regulations, the transfer of a student is carried out on the basis of certification. Certification of a student can be carried out by reviewing a photocopy of the grade book, an interview, or in another form determined by the university.
Thus, the legislation does not determine from which course or semester a transfer can be made. If the local regulations of the university do not establish requirements for the period of study in one program prior to transfer, then such a transfer can be carried out at any time, subject to compliance with the transfer procedure approved by the above Order and passing the certification in the manner established by the university.
The answer is given according to the state of the law as of September 13, 2011.
Where to file complaints regarding unlawful actions of the administration of an educational institution?
In accordance with clause 39 of the Model Regulations on an educational institution of secondary vocational education (secondary specialized educational institution), approved. By Decree of the Government of the Russian Federation of March 3, 2001 No. 160 (as amended by Decrees of the Government of the Russian Federation of December 23, 2002 No. 919, of March 31, 2003 No. 175), students have the right to appeal orders and instructions of the administration of a secondary specialized educational institution in the manner established by the legislation of the Russian Federation . It is necessary, on behalf of the parent committee or on behalf of the student government body, to send a claim to the Director of the educational institution indicating your demands and actions or decisions that, in your opinion, violate the rights and legitimate interests of students, references to regulations, and your requests. It is necessary to register this appeal in the office (secretariat) of the institution. If the Director does not send a written response within a reasonable time or sends a written refusal to consider your claims, you can contact the educational management body of the constituent entity of the Russian Federation, sending a copy of the appeal to the Director of the educational institution. If there is no response from the education authority within a month, or a written refusal to accept your application is issued, you can go to court at the location of the educational institution. You can go to court without going through the education authorities. Appeal to the court with a complaint against the actions (decisions) of state bodies, local governments, institutions, enterprises and their associations, public associations or officials, civil servants violating the rights and freedoms of citizens is regulated by the Law of the Russian Federation of April 27, 1993 No. 4866- 1 “On appealing to court actions and decisions that violate the rights and freedoms of citizens” (as amended by Federal Law No. 197-FZ of December 14, 1995).
By protecting your rights, you help not only yourself, but also other students!
A student's rights are a basic or permanent part of his legal status. The rights of a student are determined primarily by the Constitution of the Russian Federation and Art. 50 of the Law “On Education”; they are regulated in more detail by Art. 16 Federal Law “On Higher and Postgraduate Professional Education”, as well as the Charter of the educational institution where he is studying.
According to paragraph 2 of Art. 16 Federal Law “On Higher and Postgraduate Professional Education” students of higher educational institutions have the right:
1) choose elective (optional for a given field of study (specialty)) and elective (mandatory) courses offered by the relevant faculty and department;
2) participate in shaping the content of their education, subject to compliance with federal state educational standards of higher professional education. This right may be limited by the terms of an agreement concluded between a student of a higher educational institution and an individual or legal entity providing him with assistance in obtaining education and subsequent employment;
3) master, in addition to academic disciplines in selected areas of training (specialties), any other academic disciplines taught in a given higher educational institution, in the manner prescribed by its charter, as well as taught in other higher educational institutions (as agreed between their heads);
4) participate in the discussion and resolution of the most important issues in the activities of higher educational institutions, including through public organizations and governing bodies of higher educational institutions;
5) use free of charge in state and municipal higher educational institutions libraries, information collections, services of educational, scientific and other departments of a higher educational institution in the manner established by the charter of the higher educational institution; take part in all types of research projects, conferences, symposiums;
6) submit their works for publication, including in publications of a higher educational institution;
7) appeal orders and instructions of the administration of a higher educational institution in the manner established by the legislation of the Russian Federation;
The law provides for two methods of such appeal: administrative and judicial. There is no time limit for filing a complaint. A written complaint must be signed by the student. The general period for consideration of a complaint is one month. In some cases, when additional verification is required, the period for its consideration may be extended by the head of the university or his deputy for another month. Orders and instructions of the university administration that entail violations of the law or abuse of authority, as well as infringing on the civil rights of a student, can also be appealed in court.
The university administration is obliged to provide answers to questions from the student trade union committee, any student group, meeting of a student course (stream) or the entire faculty.
8) receive education in a military specialty in the manner established by the legislation of the Russian Federation;
9) switch from paid education to free education in the manner prescribed by the charter of a higher educational institution;
10) create student teams and participate in their activities.
Paragraph 3 of the same article regulates the procedure for paying scholarships to students of federal state higher educational institutions studying full-time. In addition, this paragraph stipulates the procedure for paying additional material payments to orphans, low-income people, disabled people, and students engaged in cultural, physical education and recreational work.
In Art. 16 of the Federal Law “On Higher and Postgraduate Professional Education” also stipulates the fact that for medical reasons and in other exceptional cases, a student of a higher educational institution is granted academic leave in the manner established by the federal executive body exercising the functions of developing state policy and legal norms. regulation in the field of education.
Students of higher educational institutions are given the right to free use of the services of state and municipal libraries, as well as free visits to state and municipal museums.
Students have the right to rest: for full-time and part-time (evening) students, vacations with a total duration of at least seven weeks are established at least twice in the academic year.
Every student in need of living space must be provided with a place in a dormitory that meets sanitary standards and rules, provided that the appropriate housing stock of the higher education institution is available. The amount of payment for accommodation in a hostel, utilities and personal services for students cannot exceed five percent of the scholarship amount.
If there are students in need of living space, it is not permitted to use the living space of dormitories included in the housing stock of the higher education institution for other purposes (renting and other transactions), as well as use that leads to its reduction.
Other rights of students may be established by law and (or) the charter of a higher educational institution.
Students also have the right for free:
Get a student ID and grade book;
Pass entrance exams and complete documents when conducting entrance tests and enrolling in an educational institution;
Eliminate academic debt, carry out various retakes of tests, tests, exams, laboratory and practical work.
Medical care for students in educational institutions is provided by health authorities. An educational institution is obliged to provide premises with appropriate conditions for the work of medical workers.
Students have the right to participate in the discussion and resolution of the most important issues in the activities of universities, including through public organizations. Specific relationships between the university administration and student public organizations are determined by an agreement between them and the university charter.
The students themselves believe that involving a third party in solving a problem related to the violation of their rights only creates increased nervousness and escalates the situation. It is better not to create any additional structure (or a specific public organization) to help students solve their problems, but to strengthen the intra-university system for protecting rights (for example, student unions or trade union committees).
Currently, trade unions are not perceived by students as a body that protects their rights. The main functions of the trade union now: organization of leisure time for students (Student Spring, initiation into students, KVN), social protection of students. In fact, the only problem directly related to student rights that the union addresses is the problem with the dormitory.
Rights of student trade unions:
When providing financial assistance to students, the opinion of the student group and the student (united) trade union organization of the educational institution (if there is one) is taken into account;
Social support in the form of payment of compensation in connection with the increase in the cost of food in student canteens, payment of preferential travel on railway, air, river and road transport, payment for sanatorium treatment and in other forms, which is provided to students in the manner established by the educational institution in agreement with student trade union organization (if any) depending on the financial situation of students;
Regulations on the student dormitory (campus) of an educational institution, as well as internal regulations in the dormitory, are developed and approved in consultation with student trade union committees;
The head of the student dormitory (campus) is appointed by the administration of the educational institution in agreement with the student trade union committee and the student council.
Students have the right to participate in other student associations and organizations that can defend their legal rights and interests.
A student has the right to be reinstated in a higher educational institution within five years after expulsion from it at his own request or for a good reason, while maintaining the basis of education (free or paid) in accordance with which he studied before expulsion. The procedure and conditions for the reinstatement of a student expelled for an unexcused reason to a higher educational institution are determined by the charter of the higher educational institution. A student of a higher educational institution has the right to receive information from the administration of a higher educational institution about the employment situation of the population of the Russian Federation.
Students of higher educational institutions are guaranteed the freedom to transfer to another higher educational institution in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education. When transferring from one higher educational institution to another, the student retains all rights as a student studying for the first time at a given level of higher professional education.
This provision has examples in judicial practice. Vikentyeva T.T. appealed to the Supreme Court of the Russian Federation with an application to challenge paragraph 7 of the Procedure for transferring students from one higher educational institution of the Russian Federation to another, approved by Order of the Ministry of General and Professional Education of the Russian Federation dated February 24, 1998 No. 501 (as amended by Order dated March 26. 2001 N 1272), in part stipulating that the document on education on the basis of which the student was enrolled in the university, as well as an academic certificate of the established form, are issued to the student in the hands or in the hands of a person who has a power of attorney for this in the established form. The applicant considers the contested legal norm to be contrary to Article 43 of the Constitution of the Russian Federation, paragraph 6 of Article 27 of the Law of the Russian Federation “On Education” to the extent that it prohibits the sending of a document on education and an academic certificate by post. Indicates that after being expelled from the Institute of Jurisprudence of the Moscow State Law Academy, on the basis of this norm, she was refused to send the above-mentioned documents by mail, she lives in the Smolensk region, is a disabled person of the second group and does not have sufficient funds to travel or send her representative to Moscow to obtain the necessary documents, as a result of which her rights to further studies at another higher educational institution are violated. The statement requests that the case be considered in her absence.
The Ministry of Education and Science of the Russian Federation, which is currently a federal executive body exercising functions of legal regulation in the field of education, and the Ministry of Justice of the Russian Federation, in written objections, referred to the fact that federal law does not define the method for issuing a certificate of education, the procedure for issuing relevant documents when transferring a student to another higher educational institution is established by the federal executive body within the competence granted to it.
After listening to the explanations of representatives of the Ministry of Education and Science of the Russian Federation N.V. Kurdina, L.V. Tikhonenko and the Ministry of Justice of the Russian Federation Goncharenko E.P., who objected to the arguments of the application, having checked the case materials, having heard the conclusion of the prosecutor of the General Prosecutor's Office of the Russian Federation V.A. Krotov, who believed the application to be satisfied, the Supreme Court of the Russian Federation finds the application to be satisfied on the following grounds.
The Ministry of General and Professional Education of the Russian Federation, in accordance with the powers granted to it by subparagraph 14 of paragraph 5 of the Regulations on this ministry, approved by Decree of the Government of the Russian Federation of April 5, 1997 No. 395, approved by Order No. 501 of February 24, 1998 the Procedure for the transfer of students from one higher educational institution of the Russian Federation to another (registered with the Ministry of Justice of the Russian Federation on April 8, 1998, registration No. 1506, published in the Bulletin of normative acts of federal executive authorities No. 9, 1998). The specified regulatory legal act was issued in pursuance of paragraph 6 of Article 16 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education”, according to which students of higher educational institutions are guaranteed the freedom to transfer to another higher educational institution in the manner established a federal executive body that carries out the functions of developing state policy and legal regulation in the field of education.
However, this does not mean that the authorized federal executive body in the field of education can arbitrarily determine such a procedure, reducing the scope of legal guarantees established by Article 43 of the Constitution of the Russian Federation, which enshrines the right of everyone to education, paragraph 6 of Article 16 of the Federal Law “On Higher and Postgraduate Professional Education” ”, providing for students of higher educational institutions the freedom to transfer to another higher educational institution.
Clause 7 of the Procedure develops the provision of clause 6 of Article 27 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education” that persons who have not completed the level of education named in clause 5 of this article are issued a certificate of the established form on training in educational institution.
The procedure for issuing the said academic certificate, which is not related to state-issued documents on the level of education, is regulated by the contested norm. This norm, prescribing the issuance of a document on education, on the basis of which the student was enrolled in a higher educational institution, and an academic certificate only in the hands of the student or his representative, thereby excludes the possibility of issuing these documents in any other manner not prohibited by law in cases where the student for good reasons, is not able to appear in person or send a representative to obtain the documents necessary to continue further education. This is exactly how the provisions of paragraph 7 of the Procedure are understood by the federal executive body in the field of education and applied by the courts, as evidenced by the objections of interested parties and a copy of the decision of the Presnensky District Court of Moscow dated April 23, 2009, by which Vikentyeva T.T. the claim to impose on the Institute of Law of the Moscow State Law Academy the obligation to send her a valuable letter with a list of attachments, a document on education and an academic certificate, was rejected.
Such legal regulation reduces the level of legal guarantees provided by federal law to students of higher educational institutions, limits the freedom of their transfer to another higher educational institution by the obligation not provided by law to appear in person (send a representative) to obtain the documents necessary to continue their education, excluding the possibility of receiving them by post, As a result, the constitutional right of citizens to education is violated.
Clause 8 of the Procedure, which the representative of the Ministry of Education and Science of Russia referred to in support of his objections, does not eliminate the obstacles established by the contested norm for the free transfer of a student to another higher education institution, since this clause does not establish an obligation, but only the right of the rector of the host higher education institution to receipt of documents allows the student to attend classes by his own order, and does not relieve the student from the obligation to subsequently receive these documents personally or through a representative and submit them to continue studying.
The reference to the Instructions on the procedure for issuing state documents on higher professional education, filling out and storing the relevant document forms, approved by Order of the Ministry of Education and Science of Russia dated March 10, 2005 No. 65, is unfounded. This regulatory legal act has equal legal force in relation to the contested Procedure and cannot introduce restrictions not established by federal law. The obligation of the student (his representative) to appear in person to receive the documents necessary to continue his studies or the prohibition on sending these documents by mail is not established by federal law. The use of the term “issued” in paragraph 6 of Article 27 of the Law of the Russian Federation “On Education” regarding a certificate of study does not exclude the issuance of such a certificate to a student through a postal operator. Federal Law of July 17, 1999 N 176-FZ “On Postal Communications,” while establishing in Article 22 restrictions on the transfer of objects and substances via the postal network, does not classify educational documents as prohibited for sending in postal items.
When entering a higher educational institution, there are no obstacles for an applicant to send the required education document through a public postal operator, which was not denied at the court hearing by representatives of interested parties. The contested norm does not allow the return of this document (together with a certificate of education) in the same manner at the request of a student who is unable to obtain the necessary documents in person or through a representative, which does not comply with the requirements of federal law.
The argument of representatives of the Ministry of Education and Science of Russia that studying in an educational institution is associated with the need for the student to attend this institution, and therefore, before expulsion, the student must attend the educational institution, in particular when conducting ongoing monitoring or intermediate certification, is not relevant the real deal. The contested norm does not regulate the procedure for implementing educational programs; it applies to relations arising after the student’s expulsion from a higher educational institution.
Taking into account the above, paragraph 7 of the Procedure, to the extent that it does not allow the sending of documents by post, thereby violating the freedom of transfer to another higher educational institution guaranteed by federal law, shall be declared invalid.
Guided by Articles 194 - 199, 253 of the Civil Procedure Code of the Russian Federation, the Supreme Court of the Russian Federation decided: application of Vikentyeva T.T. to satisfy. Declare invalid from the date this decision enters into force paragraph 7 of the Procedure for transferring students from one higher educational institution of the Russian Federation to another, approved by Order of the Ministry of General and Professional Education of the Russian Federation dated February 24, 1998 No. 501 (as amended by the Order dated March 26, 2001 No. 1272), to the extent that it excludes the sending through public postal operators at the request of a student of a higher educational institution of a document on education, on the basis of which he was enrolled in a higher educational institution, and an academic certificate of the established form.
Significant rights are provided to students by the Charter of universities, for example, the Charter of the Mari State University (clause 5.3), guarantees students the following rights:
Receiving education in accordance with the state educational standard;
By agreement with the teacher, attend all types of classes at MarSU, and by agreement between the leaders and at other universities;
Participate in the discussion and resolution of important issues of the activities of MarSU, including through public organizations and governing bodies of the University;
To use libraries, information collections, services of educational, scientific, medical and other departments of MarSU for free within the framework of the educational process;
Take part in all types of research works, conferences, symposiums, submit your works for publication, including in University publications;
Appeal orders and instructions of the university administration in the manner established by the legislation of the Russian Federation;
Needy non-resident students are provided with places in the University dormitory (subject to availability).
Also, the Charter of MarSU provides students with the right to reinstatement at MarSU within 5 years after expulsion from it at their own request or for good reason, while maintaining the basis of education (budget or paid) in accordance with which they studied before expulsion. The reinstatement of a student expelled for an unexcused reason - for academic failure, for violation of academic discipline and internal regulations - is carried out by the rector of MarSU by decision of the faculty council, the academic council of the institute, if there is a vacancy. Reinstatement to the first year is not allowed for persons expelled for an unexcused reason.
The conditions and means that actually make it possible to realize the rights of students and their reliable protection are their guarantees. There are guarantees for the implementation and guarantees for the protection of the rights, obligations and legitimate interests of the individual, general guarantees (for all rights and obligations) and special, or special, for a specific right. It seems that in the field of education, guarantees also need to be divided into general ones, ensuring the very right of citizens to higher professional education, and special ones, supporting the implementation of various rights of students, that is, ensuring the status of students. There is no hard boundary between these guarantees; they can smoothly “flow” from one group to another. Traditionally, guarantees of citizens' rights include economic, political, legal and organizational guarantees.
Economic guarantees of higher education presuppose a stable economy, an efficiently operating industry, a stable financial and monetary system, a stable ruble exchange rate, timely payment of salaries, scholarships, pensions and benefits, a high standard of living of the population, an increase in the well-being of citizens and much more. From this point of view, economic guarantees of the rights and responsibilities of citizens in the field of education in modern conditions are clearly insufficient. One of the manifestations of the lack of adequate economic guarantees is the low level of scholarships, and very few people are eligible to receive them today. Various models of interaction with industry and the business sector, allowing educational institutions to find solutions to financial problems, can also contribute to strengthening direct financial support for students and other categories of students.
At the same time, it is the totality of government measures of an economic nature that allows categories of the population, such as orphans and children left without parental care, to receive higher education: these are increased scholarships, state support, significant payments after graduation, etc.
Political guarantees of the rights and freedoms, responsibilities of students are, mainly, the very fact of the existence of state policy in the field of education, enshrined in law (Article 2 of the Law of the Russian Federation “On Education”). Listed in Art. 2 principles constitute a set of basic political guarantees: the unity of the federal and regional educational space; universal access to education, that is, equal access for all citizens; the secular nature of education (separation of church and state, freedom of conscience); freedom and pluralism in education; democratic nature of education management. To this we must add the right to choose the language of instruction (taking into account the capabilities of the educational institution); the inadmissibility of the creation and activities of organizational structures of political parties, socio-political and religious movements and organizations (associations) in state and municipal educational institutions.
Finally, a political guarantee is the delimitation of competence between the federation and the constituent entities, as well as between government bodies in the field of education.
The Constitution places education within the sphere of shared jurisdiction. However, the management of higher education is assigned to a federal body - the Ministry of Education and Science of the Russian Federation.
Organizational guarantees of the right to education are an extensive network of educational institutions, educational authorities, various specialized structures, state-public associations, etc. It is no coincidence that N.V. Vitruk calls organizational guarantees a “guarantee of guarantees,” excluding them from the general range of guarantees.
Along with the above-mentioned organizational guarantees that ensure the right of citizens to higher professional education, guarantees of the quality of education are various structures for the training of teaching staff and highly qualified personnel, as well as the Higher Attestation Committee of the Ministry of Education of Russia, which manages the process of forming scientific personnel and confirming their qualifications. At the same time, the norms establishing requirements for applicants for academic degrees and titles, as well as determining the procedure for filling teaching staff positions and improving scientific and pedagogical qualifications, will relate to legal guarantees.
The specialized body whose task is to ensure the quality of education and its compliance with state educational standards is the Federal Service for Supervision in Education and Science. Thus, all of the above structures, bodies of state and public administration, on the basis of and in pursuance of the Constitution of the Russian Federation and legislation on education, carry out a variety of practical activities to implement the right granted to citizens to higher professional education. At the same time, the optimal internal structure of the university and modern effective management should also contribute to these goals. Independence in the organization of intra-university management and the formation of university departments should, along with the effective solution of statutory tasks, ensure the observance and implementation of the rights, freedoms, legitimate interests of students and other categories of students.
Organizational and legal guarantees in the system of higher professional education include all existing standards and requirements for organizing the educational process: educational standards; the maximum permissible number of hours of classroom workload; maximum number of exams and tests within one session; a ban on engaging in teaching activities by a person deprived by a court of the right to work in educational institutions for a certain period, etc. A good organizational guarantee may be the requirements that the university itself establishes for occupying the positions of assistant, associate professor, etc. It is worthy of attention that it is enshrined in the acts of “law enforcement” departments procedures for distributing the teaching load depending on the qualifications of the teacher: lectures can be given by associate professors and professors, assistants conduct practical classes and seminars. The universal legal guarantee of the rights and obligations of citizens is the law, in a broad sense - all current legislation. In addition, a student can go to court to protect his rights.
The student, like many other persons endowed with a special status by the state, must exercise the granted rights “reasonably, conscientiously and responsibly.” The presence of rights also requires the successful implementation of responsibilities.
Questions and answers on student rights.
- What are human rights?
- Simply put, this term means responsibilities of government to ensure human dignity. This is a special group of moral and legal norms that apply only to “vertical” relationships: person-authority. This is a very narrow sphere of relationships. Any other relationship is not governed by human rights standards; There are other regulators for this: law, morality, etc. The representative of the government in these relationships is not protected by human rights, despite the fact that he is a person. It is protected by other regulations; Moreover, the rules of law give it great “weight”. A person not vested with power can violate numerous norms of law or morality, but cannot be a violator of human rights, because they provide only a narrow range of obligations of the authorities.
- Generally recognized human rights and freedoms include: right to life, right to a fair trial, right to participate in government, right to health, right to education, freedom from torture, freedom from arbitrary deprivation of liberty, freedom from invasion of privacy, with freedom of thought, speech, assembly, religion, press, freedom of movement.
- Who can violate the rights of a student at a university (institute), university, secondary educational institution?
- Anyone who has power over you in the current situation can violate your rights. A teacher, doctor, security guard, librarian, health worker, etc. may have power over you.
- How do I understand that my rights are being violated?
- If you understand that a person with power is committing an action directed against you that he should not do, most likely you are faced with a violation of your rights. For example, if you are offered to pay some money for an exam or provide other material assets in exchange for a good grade, there is a violation of both your rights and criminal law.
- Ultimately, the offense is contrary to common sense and the law.
- What should I do if my rights are violated?
- Perhaps the simplest option is to accept and not resist the violation of your rights. As a “bonus”, you get savings on your efforts, which can be spent on defending your rights. The downside is that humility provokes a repetition of the situation. From here we move on:
- A solution to the problem is required. This is not eliminating the consequences, but rather finding the cause of a conflict-problem situation and eliminating it.
- At the university itself there is a fairly large number of decision makers: the head of the department, the dean, the deputy dean, the library director, the vice-rector and, finally, the rector. To solve most problems, it is enough to contact the supervisor of the employee who violated your rights. In other, more complex situations, the intervention of other persons or departments (prosecutor's office, court, etc.) may be required. Below we will look at some situations.
- If possible, it is necessary to record facts of violation of your rights (ensure the presence of a witness, audio recording, video recording).
- The teacher is insulting.
- The first option is to approach the teacher himself and directly inform him that he is now humiliating your human dignity. But this option may be suitable only for a small number of situations when you are confident in the ability to achieve results in this way. It is also advisable to record the act of humiliation of your or someone else’s dignity in audio or video format. Thus, you will receive proof of the teacher's guilt. If you are not the only one being insulted, it is advisable to find like-minded people from your group or other groups. This way you can achieve more.
- We act according to a logical template (it will not work in the future). If the first option doesn't work, move on. We contact a higher official. This could be the dean of your department or the associate dean for academic affairs. We explain the situation and ask him to talk to the teacher. As a rule, such a private conversation between the dean or deputy dean and the teacher is sufficient.
- Also, like many other decisions, these involve actions within the university.
- Can’t do without a “gift”?
- The first option is to approach the teacher himself and directly inform him that he is now violating your right to education and committing a criminal offense. But this option may be suitable only for a small number of situations when you are confident in the ability to achieve results in this way. It is also advisable to record the act of demanding a bribe in audio or video format. At the same time, it is advisable to find like-minded people from your group or other groups.
- Next step. We contact a higher official. This could be the dean of your department or the associate dean for academic affairs. We explain the situation and ask him to talk to the teacher. As a rule, such a private conversation between the dean or deputy dean and the teacher is sufficient.
- If not, go higher. Stage 3. We send information through the university website or look for a vice-rector for academic affairs. We repeat the same thing. In most cases, you won't have to go any further than this.
- Note that all these options do not imply removing the problem from the university.
- If the problem cannot be resolved within the university walls (for example, you feel that there is mutual responsibility), you can contact the police (taking a bribe is a crime), the prosecutor’s office, or the Commissioner for Human Rights. In Perm, you can get contact information at:http://ombudsman.perm.ru/contacts/ap_uppc/
- The teacher often comes drunk.
- If you are generally satisfied with the teaching, you can contact the teacher himself (preferably in writing, so as not to provoke a conflict), stating that teaching while intoxicated violates your right to education. Perhaps this will be enough.
- You can record the presence of a teacher while drunk in video format. The recording can be used either as evidence of your claims. Or you can post it on the Internet (this is a last resort, because the recording can be seen by loved ones, which can lead to severe mental suffering).
- You can contact the decision maker. This could be the dean of your department or the associate dean for academic affairs. As a rule, a private conversation between the dean and the teacher is sufficient. Contacting an official may also result in administrative measures being taken, up to and including the dismissal of a teacher (according to labor law, appearing drunk at the workplace is a sufficient reason for dismissal).
- Who should you contact if you can’t get help appropriate to the situation at the first aid station (for example, with any call they “give you activated charcoal”)?
- It is advisable to record the fact of refusal of medical care in audio or video format.
- You can go to another medical institution where you can receive medical care and a certificate about certain health problems.
- Submit an application to the Vice-Rector for Academic Affairs (with a medical certificate attached).
- At the same time, you can get advice from lawyers who provide free assistance to patients. In Perm, see the website (according to the site’s creators, consultations are free).
- In the library, when issuing textbooks every semester, they do not give the necessary and sufficiently modern literature, but instead give everyone something different - “what is available,” for example, publications from the 80s.
- Try to explain directly to the librarian that this textbook does not meet the requirements of the teacher (reference to the decision maker).
- If this is not the case, we contact the head of the library or the director of the library. Preferably in writing. Here you need to understand that the absence of a textbook will seriously hamper your educational activities, which needs to be conveyed to the decision maker.
- Another option is to contact the deputy dean for academic affairs.
- I got poisoned in the student canteen.
- Receive a certificate of poisoning from the medical institution to which you applied, and inform the vice-rector for the Academy of Chemical Medicine about this, provide him with a copy of the certificate.
- If this does not work, contact the SES in the area where the university is located. So that they already initiate an inspection of the dining room or buffet.
- What to do if the teacher is biased and unreasonably lowers the grade?
- To begin with, it is better to ask the teacher for the criteria and grounds for evaluation (do not rule out the possibility that you do not understand why the grade is reduced).
- If you think it's an interpersonal issue, you can directly communicate that you don't like his attitude towards you. Ask for an explanation of the situation and try to find solutions to the situation. (The main thing is that no other violation occurs)
- If this does not help, you can contact the Deputy Dean for Academic Affairs. Sometimes, groups have their own teacher-supervisors who can also help in solving this problem.
- The guard, the watchman, was rude (insulted).
- The best option is if you have witnesses. One of them can contact the dean (deputy dean) for help. Often, even a phrase that someone will now go to the dean (deputy dean) is enough to resolve the situation. If not, it makes sense for the victim of the violation to contact a person with greater power and involve him in solving the problem.
- If the situation recurs periodically, it is best to record it in a photo, video or audio and also go to the decision maker (perhaps the head of security, the vice-rector for administrative affairs, etc.).
- The commandant of the dormitory prohibits visits to students living there, citing quarantine as the reason.
- You should find a document regulating the work of the hostel (Regulations, Regulations, Rules, etc.). Perhaps it is available on the university website, perhaps in the dean’s office, perhaps at the commandant’s office (if you cannot find it, you should formally contact the rector’s office with a request to provide the document). In the regulatory document we are looking for clauses that stipulate the rules for allowing persons not living there to enter the hostel. We are also looking for rules related to quarantine. If we find a contradiction in the points with the existing situation, then we write an appeal addressed to the commandant of the hostel and describe the situation. At the same time, we contact the Vice-Rector for Academic Affairs with a similar statement (you can then contact the Rector).
- If the commandant’s actions comply with the established rules, but seem unfair to you and your comrades, unite, collect signatures on a statement to the rector about the need to change the rules (your demands must be justified), seek a meeting with the rector, defend your position.
- What to do if there is no hot water in the hostel for a long time?
- You should find a document regulating the work of the hostel (from the commandant, on the website, in the rector’s office, etc.). In the regulatory document we are looking for clauses regulating consumer services in the hostel. A good regulatory document should describe all the conditions and rules. If we find a contradiction with the existing situation, we contact the hostel commandant and describe the situation (referring to the approved norms). At the same time, we are contacting the Vice-Rector for Academy of Arts and Sciences with a similar statement.
- If the situation fits into existing norms, but seems abnormal to you, formulate your proposals for changing the rules (they must be legal and reasonable), unite and stand behind your position.
Have you ever thought about how many times a day your legal rights are violated, and you calmly allow it, as if everything is in order? Are your neighbors renovating your apartment from morning to night and preventing you from resting? Was the conductor rude on the bus? Such familiar and, unfortunately, familiar situations. The law officially gives us a lot of rights and opportunities, but we hardly use them. Why is this happening? From laziness and reluctance to conflict once again, or perhaps from ignorance?
It is difficult for one person to cope with a faceless crowd. He thinks: “Well, what can I change?” And it will be like this until this destructive thought is rooted out of your head. We need to defend our rights boldly and decisively, otherwise why were they given to us at all? And first of all, they need to be known and understood.
The rights of students and applicants are infringed no less than others. But they especially suffer from ignorance and indecision. In such a situation, there must be people who can help a person who knows that he is right, but cannot prove it.
Recently, small student rights organizations have begun to emerge. These are various trade unions and public campaigns and movements. Their number is not very large yet, but it is constantly growing, which indicates the relevance and necessity of such associations. Russian Youth Union, Moscow Union “Young Cause”, Public organization of the Urals “Students for Education” - it’s difficult to list everything. These associations often cooperate with each other, organizing actions and helping in difficult situations.
Members of organizations do a lot of work. This includes consultations on complex issues, practical assistance to “disadvantaged” students (checking into dormitories, receiving benefits), and combating numerous violations (even to the point of filing lawsuits). In addition, there is active widespread campaigning for young people: organizations encourage them to join their circles, increase their level of legal literacy and not be afraid to defend their legal benefits and opportunities. In critical situations, even rallies and demonstrations are organized.
The most difficult thing, according to representatives of organizations, is to convince the guys to fight for what already belongs to them by law. Apathy, laziness, the conviction that nothing can be changed lead to the final loss of one’s own rights. Every passionate person who feels supported and believes in their own strength is a great achievement.
However, not everyone is ready to join an active struggle. Some students, finding themselves in a difficult situation, do not know what to do. They just need help with advice and an answer to their pressing question. For this purpose, there are special centers for protecting the rights of students at universities, created in many cities.
As a rule, such centers are staffed by senior law students under the guidance of teachers or more experienced lawyers. All consultations are, of course, free of charge.
There are several ways to get help from the center. You can send a letter to the site, where it will be reviewed and either published for public access, or they will send you a personal response by email. The second option is to call. This is convenient and guarantees anonymity if for some reason this is necessary for you. Hotlines usually exist in most such organizations.
Another way is to come to the center and communicate with specialists in person. This will make it possible to understand all the nuances and get the most accurate and understandable answer to a question or recommendation on what to do in the current difficult situation.
On June 20, 2010, the Center for the Protection of Applicants' Rights was opened at St. Petersburg State University. The reason for his creation of the center was numerous complaints from applicants. According to the first vice-rector of the university for academic and scientific affairs, Igor Gorlinsky, last year, during the admissions campaign at St. Petersburg State University, the university management had the experience of contacting law enforcement agencies in order to help more than 20 applicants who entered the “third wave” to pick up documents from other universities.
According to the law, the return of documents should have been made within one day, but applicants, many of whom are from other cities, who came to St. Petersburg for just one day to pick up original documents from one university and transfer them to St. Petersburg State University, were forced to spend more than a week knocking on the thresholds of admissions committees other universities. “The documents were not given to them, citing various reasons, each of which was a violation of the law, simple, understandable, obvious rights of the applicant,” Gorlinsky noted.
The Center for the Protection of Applicants' Rights calls its main tasks to comprehensively inform applicants about the possibilities of admission to Russian universities, as well as to provide background information to ensure better admissions campaigns at Russian universities.
The motto of the organization is to provide the maximum necessary information within the required time frame as a guarantee of transparency and openness in the field of admission to higher educational institutions.
As practice shows, the creation of the center was very timely. Within a month, the service received more than 1,500 questions. Of these, 80% came from nonresident applicants from all over the country, in addition, many letters from citizens of Belarus, Kazakhstan, Moldova, Ukraine, Turkmenistan and other countries.
As Marina Mitina, head of the Center for the Protection of Applicants’ Rights, said, more than 60% of questions are related to problems with admission to St. Petersburg State University and other universities. The rest are of a consulting nature.
Similar centers exist not only at St. Petersburg State University, but also in many other universities in the country, although the scale of their activities is somewhat smaller.
To summarize, it should be noted that there are more opportunities to protect your rights. But it is important to understand that existing organizations are only a help in solving emerging problems. They will provide the necessary information and guide the next steps, but you will have to take them, armed with useful knowledge and assertiveness. The main thing is the conviction that you are right and the determination to defend it.