Who is responsible for the safety of children at school and kindergarten? Who is responsible for the child at school? School Responsibility for Children's Mental Health

On the responsibility of the administration of an educational institution

for the life and health of students and pupils and employees of an educational institution during the educational process.

Clause 3 of Article 32 of the Federal Law of the Russian Federation “On Education” states that an educational institution is responsible in accordance with the procedure established by the legislation of the Russian Federation for: the life and health of students, pupils and employees of an educational institution during the educational process. Also, paragraph 3 of Article 1073 of the Civil Code of the Russian Federation explains that if a minor caused harm at a time when he was under the supervision of an educational, educational, medical or other institution obliged to supervise him, or a person who exercised supervision on the basis of an agreement , this institution or person is liable for the damage, unless he proves that the damage was not caused by his fault in the exercise of supervision.
The next thing the school is responsible for is observance of rights and freedoms student. (Clause 3, Article 32 of the Federal Law of the Russian Federation "On Education").
The school is also responsible for creating conditions that guarantee the protection and promotion of the health of students. In clause 2.19, Art. 32 of the Federal Law of the Russian Federation “On Education” states that the school is responsible for creating conditions in an educational institution for the work of departments of public catering organizations and medical institutions, monitoring their work in order to protect and promote the health of students, pupils and employees of an educational institution. Clause 1 of Article 51 of the Federal Law of the Russian Federation “On Education” explains that an educational institution creates conditions that guarantee the protection and strengthening of the health of students and pupils. The teaching load, the mode of study of students, pupils is determined by the charter of the educational institution on the basis of recommendations agreed with the health authorities.
Many parents place the main responsibility for the health of their children on the school: after all, it is at school that children spend most of their time.
The school, according to a long-standing erroneous opinion, performs not only a purely educational function, but is a kind of “storage room”. At school, children are observed, and this creates the impression of the responsibility of the school in general and the teacher in particular for the health of the child. And in fact, the school does a lot. But such a system at the same time corrupts parents and the students themselves, developing in them a consumer attitude towards teachers and the institution as a whole.
And in accordance with the provisions of the Family Code of the Russian Federation, parents have a priority right to raise their children over all other persons, and ensuring the interests of children should be the subject of their main concern. In this regard, it is wrong to transfer the lion's share of responsibility for the health of children to the class teacher or school principal.
Of course, in accordance with the current legislation, the main duty of any educational institution is, first of all, to preserve the life and improve the health of children.
That is why it is strictly forbidden in schools to let students go to various events (rehearsals, competitions) at the personal request of students, strangers, parents without the permission of the school administration. It is forbidden to remove students from the lesson. The teacher during the lesson is fully responsible for the life and health of children. And he should let students go from the lesson only on a call and not delay them at recess.
Conducting excursions, trips, competitions and other events outside the school is allowed only after the order is issued by the director of the school. And the responsibility for the life and health of children during such actions is borne by that teacher, educator or any other employee of the school, who is designated by order of the director as accompanying and responsible.
If children are centrally delivered to school by a school bus, then the educational institution assumes responsibility for the child from the moment he or she boards the bus.
In some schools, parents, in accordance with a written agreement with the school, take responsibility for the life and health of the child when he goes to and from classes. This activates the desire of parents to participate in the prevention of accidents and, if possible, accompany their children to and from school.
But even if all the teachers at the school have passed all the necessary briefings, even if all the school equipment, furniture and territory are ideally landscaped, even if a responsible person from the school administration is appointed for each of their square millimeters, all the same, no most well-adjusted set of security measures can interfere for the student to seize the moment and jump from the third floor in an argument with classmates ... Therefore, in this case, it is hardly worth talking about bringing the school to property liability.

So, if a misfortune happens to a child within the walls of the school, who is responsible? While the child is within the boundaries of an educational institution, those school employees who are working with him at that particular moment are responsible for his life and health. At the lesson, this is the teacher, at the break - the teacher on duty. The headmaster has overall responsibility for all students. If, say, a child is injured, then, as a rule, a certain share of the blame lies not only with the school staff, but also with the direct culprit. If the child's health or moral damage has been harmed, parents can sue the school administration for compensation for physical and moral harm. But in this case, they will have to prove that there is no direct fault in the actions of their child.

In case of injury or other damage to the health of a minor who has not reached fourteen years of age (minor) and does not have earnings (income), the educational institution responsible for the harm caused is obliged to reimburse the costs caused by damage to health (paragraph 1 of Article 1087 of the Civil Code of the Russian Federation). In accordance with paragraph 1 of Article 1085 of the Civil Code of the Russian Federation, expenses caused by damage to health include: expenses for treatment, additional food, purchase of medicines, prosthetics, outside care, sanatorium treatment, purchase of special vehicles, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge. Upon reaching the juvenile victim of fourteen years, as well as in case of causing harm to a minor aged fourteen to eighteen years old, who does not have earnings (income), the educational institution responsible for the harm caused is obliged to compensate the victim, in addition to the costs caused by damage to health, also harm, associated with the loss or reduction of his ability to work, based on the five-fold minimum wage established by law (paragraph 2 of Article 1087 of the Civil Code of the Russian Federation). If at the time of damage to his health, the minor had earnings, then the damage is compensated based on the amount of this earnings, but not less than five times the minimum wage established by law (paragraph 3 of Article 1087 of the Civil Code of the Russian Federation).

The school principal is responsible for all of the above., as an official in accordance with the laws of the Russian Federation and the charter of the school. Thus, paragraph 7, article 51 of the Federal Law of the Russian Federation “On Education” states that the responsibility for creating the necessary conditions for study, work, and recreation for students, pupils of educational institutions is borne by officials of educational institutions in accordance with the legislation of the Russian Federation and the charter of this educational institution.

I can’t find the duties of a teacher ... in the law .. more precisely, until what moment the teacher is responsible for the student .. and got the best answer

Answer from Lydia[active]
read the internal regulations of the school where you study, read the charter of the school, there is a lot of useful information in these documents

Answer from 2 answers[guru]

Hey! Here is a selection of topics with answers to your question: I can’t find the duties of a teacher ... in the law .. more precisely, until what moment the teacher is responsible for the student ..

Answer from Genin Joy[guru]
the teacher is responsible for the student until that moment. while the lessons are going on. out of school - free.
but within the school, the teacher MUST monitor the behavior of his student. he is responsible for the students in his class.

The teacher, like any other employee, is subject to disciplinary responsibility. In accordance with labor legislation, it is possible to single out the general and special responsibility of the teacher. General disciplinary responsibility is regulated by the norms of labor law and in its content coincides with the responsibility of all employees, special - is regulated by the norms of labor and educational legislation. The norms of the legislation in the field of education provide that the teacher is responsible for a repeated gross violation of the Charter of the educational institution during the year; the use (even one-time) of methods of education and training associated with physical and (or) mental violence against the personality of the student; appearing at work in a state of alcoholic, narcotic or toxic intoxication; inattention allowed to the life and health of children during lessons (classes), extracurricular and extracurricular activities; incorrect behavior towards parents of students, colleagues; misbehavior at work, at home; non-compliance with the requirements of labor protection and industrial sanitation, hygiene, fire and environmental safety.
BibliographyLaw of the Russian Federation "On Education", Labor Code of the Russian Federation, Code of Administrative Offenses

Sourceslegislation of the Russian Federation

Answer from 2013 [guru]
Until the end of the school day.
We have an agreement on the "protection" of children and on the replacement of "parents" by the teacher for the duration of the child's stay at school.

Answer from Elena Leontieva[guru]
Each teacher has a job description, which is issued by the principal. The teacher is responsible for the student only during the educational process

Answer from old woman Shapoklyak[guru]
the teacher is responsible while the student is on school grounds.

Answer from Yeadykova Elena[guru]
original, of course, about the employer. Well, it turns out that if I was late for work due to the fault that there is no transport, then I am not to blame?

Sometimes it happens that a child for some reason is left without parental care. In this situation, he is placed in a special educational institution - it is he who is responsible for his actions. The educational institution where the safe child is located is also responsible - a kindergarten, a school.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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General concepts

It must be remembered that until the child reaches the age of 14, he is not recognized as capable. Only upon reaching this age threshold can he be partially responsible for his actions - he is dilectic.

Therefore, in the event of any emergency situations, or something similar, it is the parent who is responsible.

If a minor is in a school or other educational institution, the responsible person is the teacher, educator.

At the same time, it often happens that the appearance of any dangerous situations is associated with the improper performance of their duties by the educational staff - in this case, the responsible person may be punished.

That is why all teachers, as well as other employees of educational institutions (especially where problem children are), should familiarize themselves with the following important issues in advance:

1. What is the responsibility of educational institutions?
2. What is regulated?

Thus, it will be possible to reduce the likelihood of any unpleasant situations, as well as their consequences, to the very minimum.

What it is

It must be remembered that the teacher, educator or other educator in the school must always closely monitor all his students.

But it should be remembered that it is the material and other responsibility to the parents and the child himself that is borne in the event of an emergency situation (injury, other) by a legal entity. This point is reflected in sufficient detail in the current legislation.

If, nevertheless, an accident occurred and, for example, a child broke his arm in physical education, then in this case it is necessary to be guided by the “Responsibility of a legal entity”.

The fundamental points are the following:

It is also necessary to remember that schools and other educational institutions have the right to form special internal documents and acts.

Often they also mention the teacher's responsibility for the child who is in his lesson at a particular point in time.

But at the same time, it is necessary to remember about the extensive list of various legislative acts that regulate this moment.

The internal provisions of the school, other educational institutions should not contradict them.

What is regulated

The regulatory framework governing the responsibility of the teacher and other persons for the child is quite extensive. If there is such an opportunity, all interested parties should deal with it as carefully as possible.

The following legislative acts are fundamental:

It is also worth studying the provisions of § 4 of the Civil Code of the Russian Federation, highlighting the need for compensation for moral harm:

It should be remembered that teachers may face criminal liability for some misconduct.

These points are indicated in the following legal documents:

At the same time, for all the articles indicated above, the responsibility will be borne not by a legal entity, but by an individual.

That is, if it is established that the teacher involved his student in the commission of any crimes, he can receive a very real term.

Judicial practice shows that most often the court appoints the maximum possible punishment. Especially when it comes to violations of sexual integrity, involvement in prostitution, the systematic use of alcohol.

Responsibility of educational institutions for minor children

The responsibility of educational institutions for minor children usually implies compensation for material, moral damage as a result of a teacher's neglect of the child.

Compensation of this kind itself must be mandatory appointed by the court, the basis for its payment will be a court decision - there are simply no alternative ways to receive payment.

At the same time, those directly related to the consideration of such cases will need to be familiar with the following important nuances in advance:

1. In what cases is it prescribed?
2. What are the consequences?
3. Who can apply?

In what cases is it assigned

The list of situations when the liability of a legal entity to the parent of the child and himself can be assigned is quite extensive.

The most common reasons for the occurrence of liability in any particular case are the following:

• the occurrence of injury;
• the appearance of addiction to alcohol, drugs;
• child molestation;
• other.

It is not uncommon for a child to have injuries during physical education classes at school. For example, as a result of a fall from a rope in a physical education lesson - a fracture, sprains, and more.

Often, such injuries are associated with the loss of the opportunity to study for some time, as well as with various financial costs.

In such a situation, the parent has every right to go to court and demand payment by the school, other institution of monetary compensation for damage. In such a situation, the court will focus on Article No. 1101 of the Civil Code of the Russian Federation.

If there is a more serious incident (involvement in criminal activity, otherwise), then the punishment will be borne not only by the school in the form of a serious fine, as well as compensation for harm, but also by the teacher himself.

He may be sentenced to imprisonment, correctional labor, restriction of liberty, or otherwise.

At the same time, it must be remembered that the courts, for the most part, are guided primarily by the already existing judicial practice.

That is why persons participating and interested in such processes should study it as carefully as possible. This will avoid various kinds of problems in the future.

What are the consequences

In the event of liability for any incident with a minor, the court focuses, first of all, on Article No. 1082 of the Civil Code of the Russian Federation.

Based on this legal document, as well as some articles of the Criminal Code of the Russian Federation, the court may establish the following liability:

1. Compensation for damages.
2. Fine.
3. Deprivation of liberty or compensation for harm - for individuals, due to the actions of which emergency situations arose.

It should also be remembered that educational institutions that are legal entities may also incur administrative responsibility.

Its measure is always determined during the trial, as well as various investigations. Almost always, law enforcement agencies are involved to clarify serious violations.

In court proceedings where the interests of minors are affected, the following persons must necessarily participate:

• prosecutor;
• representative of the guardianship and guardianship authorities.

At the same time, the presence of the plaintiff and the defendant is not necessary at all. But it should be remembered that in the absence of the defendant or his representative, the most unfavorable decision for him will be made.

That's why you shouldn't miss the trial. As a representative of the educational institution, its director, another head acts directly.

Who can apply

At the legislative level, it is indicated that a rather limited list of persons can apply to a judicial institution in order to protect the interests of a child:

It is important to remember that in each case it is strictly necessary to draw up a statement of claim, as well as prepare an extensive list of additional documentation.

At the same time, the package of documents differs significantly in each individual case. The closest relatives are understood not only as a father / mother, but also as brothers and sisters.

In some cases, it is allowed to apply to the court, guardianship and guardianship authorities for grandparents, uncles/aunts.

Each case will be considered without fail, since today one of the priority tasks of the legislation is to protect the interests of minors.

It should only be remembered about the large number of various nuances related to the responsibility of educational institutions.

Video: juvenile

Special nuances

A very large number of various nuances are associated with the responsibility of educational institutions for minors.

The most important are the following:

It must be remembered that parents are financially responsible for persons under the age of 18. And if it is necessary to compensate for harm to a third party, the property of those responsible can be sold in order to pay off the debt.

At the same time, this practice does not apply to educational institutions. Schools, orphanages and other similar institutions do not bear property liability for harm caused by children.

Today, cases related to the interests of minors are among the most complex.

That is why, if such a precedent arises, it is imperative to consult with a qualified lawyer before going to court.

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My son, a 1st grade student at school, had an injury. He received a head injury, a hematoma and a concussion as a result of the actions of a classmate who deliberately grabbed my son from behind by the legs, using a fighting technique, which caused the son to fall, hitting his forehead on the floor. Seeing swelling on his forehead, the class teacher advised his son to moisten his hands with cold water and apply them to his forehead. The teacher did not assess the severity of the injury, did not call a doctor, did not report the incident to the school administration and parents. Medicine! cue office on the territory of the educational institution was not available. Due to the failure of the teacher and those responsible for the safety of the UVP to fulfill their duties, I became aware of the incident only after 3.5 hours after the incident. At my request, the watchman called an ambulance to the school, and the child was taken to the Children's Regional Clinical Hospital, where injuries were found. The teacher, in her defense, wrote an explanatory note with discrepancies in the facts of what happened in the hope that the case would not be given a move. I turned to! school principal with a statement about and! incident. To my demands to investigate the fact of the incident, the director said that you can complain "at least to the court." He showed me disrespect instead of worrying about his student's health. Of all, the director’s unwillingness to record the fact of injury was noticeable, which would lead to a deterioration in the image of the school, and cases of injury are deliberately hushed up by the school administration, because parents do not make cases public because of fear of psychological abuse of the child by teachers. Can I bring to criminal! oh responsibility of a minor hooligan, administrative responsibility of a teacher for not taking prompt measures to provide medical assistance to a minor, not informing the administrator on duty about the incident in a timely manner and involve the school in the person of the director. If so, under what articles? With respect to you.

Answer

Hello, Elena Valerievna.

Public relations that arise in the field of education in connection with the realization of the right to education, the provision of state guarantees of human rights and freedoms in the field of education and the creation of conditions for the realization of the right to education are regulated by the Federal Law of 29.122.2012 No. 273-FZ "On Education In Russian federation".

In relation to the case under consideration, I believe that it is advisable to consider the issue of the responsibility of an educational institution for the life and health of a student (your child). According to paragraph 7 of Article 28 of the Federal Law "On Education in the Russian Federation", an educational institution is responsible, among other things, for the life and health of students.

That is, in this case, you have the right to demand compensation from the educational institution for the harm caused (both moral and reimbursement of the costs of treating the child). At the same time, the parents of the child who hit your son are not responsible, because, according to part 3 of article 1073 of the Civil Code of the Russian Federation, if a minor citizen caused harm during the time when he was temporarily under the supervision of an educational organization, medical organization or other organization, obligated to supervise him, or the person who supervised him on the basis of an agreement, this organization or this person is liable for the harm caused, unless he proves that the harm arose through no fault of theirs in the exercise of supervision. Actually Art. 28 of the Federal Law "On Education in the Russian Federation" and Article 1073 of the Civil Code of the Russian Federation and will serve as the basis for your claim for compensation by the educational institution for harm caused to the health of your child. If the school refuses to voluntarily comply with your request, you have the right to file an appropriate statement of claim with the court.

The requirements for the statement of claim and the list of documents attached to the statement of claim are provided for by Articles 131,132 of the Civil Procedure Code of the Russian Federation.