Accepted at the thirty eighth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of November 23, 2012 No. 38-8)

MODEL LAW

About responsibility of participants of educational process

This Law is based on recognition of priorities of the rules of international law enshrined in the Universal Declaration of Human Rights (1948), the Conventions on the Rights of the Child (1989), other documents of the UN determines the general legal and organizational principles of establishment of responsibility of participants of educational process in the State Parties of the CIS and is intended for creation of necessary conditions for its realization.

I. General provisions

Article 1. Main terms and their determinations

1. In this Law the following terms and their determinations are used:

1.1. civil delicts - failure to carry out by educational institution of conditions of the signed economic agreements, lease agreements, violations of the forms of business provided by the civil legislation provided for educational institutions;

1.2. minor offense - non-execution by the participant of educational process of the obligations, stipulated by the legislation about education, the charter of educational institution, regulations or agreements, and also acts which interfere with implementation of educational process to holding lecture, practical and other training or are connected with failure to carry out of legal decisions and administrative decrees of educational institution for which collection are imposed by the head of educational institution or its founder;

1.3. debt - the moral concept which is expressed in the behavior connected with voluntary, conscious and free subordination of the participant of educational process to requirements of moral need;

1.4. morals - form of public consciousness, set of views, the principles, beliefs and the standards of behavior based on them governing the relation of participants of educational process to each other, to collective, organization of education, society, the state;

1.5. moral harm - damage suffered as a result of which the participant of educational process suffers from physical and (or) moral anguish;

1.6. moral standard - form of the moral requirements acting as an example and example of normal behavior which result is the maximum compliance of interests of the personality and society;

1.7. moral sufferings - feelings of fear, shame, humiliation, and equally in others adverse for the person in psychological aspect of experience;

1.8. the bases of legal responsibility in the field of education - making of minor offense, other violations of the rights and freedoms of participants of educational activities;

1.9. responsibility - subjective obligation to be responsible for acts and actions, and also their effects;

1.10. assessment moral - the approval or condemnation of the different phenomena of social reality made from the point of view of compliance to their general objective requirements of morality;

1.11. crime - committing by person of socially dangerous act by preparation, the organization or implementation of educational process;

1.12. conscience - expression of capability of the personality to perform moral self-checking, to create for itself moral obligations, to demand from itself their accomplishment, to make self-assessment of the made acts;

1.13. physical sufferings - physical pain, functional frustration of organism, change in the emotional and strong-willed sphere, other variations from the regular state of health which are effect of the actions (failure to act) encroaching on the non-material benefits or property rights of the participant of educational process;

1.14. human dignity - the special moral attitude of the person towards and the attitude towards him from society, people around based on recognition of value of the person as persons;

1.15. honesty - the moral value promoting establishment of procedure and harmony in the human relations at the expense of the truthful, right relation of the person to undertaken obligations, to the undertaken debt, sincerity, openness of thoughts, feelings, intentions before other people and before by itself;

1.16. honor - the external recognition of acts of the person, his merits which is shown in honoring, authority, glory.

2. Other terms are determined in individual clauses of this Law.

Article 2. Purpose of the legislation on responsibility of participants of educational process

The purpose of the legislation on responsibility of participants of educational process is regulation of the public relations concerning responsibility of participants of educational process for ensuring constitutional right of citizens on receipt of quality education in humane conditions and unconditional observance of legitimate rights and interests of all participants of educational process.

Article 3. The tasks solved by establishment of responsibility of participants of educational process

1. The tasks solved by establishment of responsibility of participants of educational process are:

1.1. forming of consciousness;

1.2. development of the emotional and sensual sphere;

1.3. education of responsible behavior;

1.4. forming of universal capabilities, labor and life skills of the personality.

2. For the solution of the tasks specified regarding 1 this Article, the states accept necessary legislative, administrative, social and educational measures.

3. For recovery and social reintegration of the participants of educational process who became the victims of any kinds of neglect, operation and abuse, any cruel, inhuman or degrading treatments or punishment, the state create the conditions providing recovery of their health, self-esteem, advantage and the social status.

Article 4. Legal regulation of the relations concerning responsibility of participants of educational process

1. This Law governs the public relations in the field of education concerning responsibility of participants of educational process and including:

1.1. the public relations on realization of the right of citizens to receipt of quality education in humane conditions (the educational relations);

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