Who is responsible for the life and health of students during the educational process. Who is responsible for the safety of children in school and kindergarten? Based on the law of the Russian Federation

No one has yet calculated how much time our children spend in school. It is likely that it is already much more than at home. Parents seem to have already come to terms with the fact that when they get their child ready for his first lesson at eight in the morning, they will see him again in seven or eight hours at best - this is the price for understanding modern sciences. But the main question remains: who is responsible for the student at this time? What to do if trouble happened to a child while he was at school?

Story one. Innocent prank

Running out of the office for recess after the end of the lesson, 10-year-old Maxim sharply opened the door. At this time, second-grader Katya was walking along the corridor. The blow threw the girl against the opposite wall. At the hospital they diagnosed him with a concussion. She was able to sit at her desk only after two weeks.

It is difficult to determine who is to blame for the incident. It seems that Maxim did not have any malicious intent. It is also difficult to reproach a teacher - you cannot assign an overseer to every child. Nevertheless, Katya's parents went to court, which ordered Maxim's parents to pay the injured party an amount of $350.

The second story. Childish cruelty

During recess, Roma and Sergei did not share a place at the computer that had recently been installed in their office. Most of the boys' classmates were still in the dining room with the teacher. The initially harmless scuffle quickly turned into a fight. A minute later the schoolchildren were already rolling on the floor. Sergei knocked Roman onto his back and kicked him in the chest. Even the fifth graders who ran into the classroom heard the crunching sound.

Roma spent a month motionless in bed before the doctors determined that, fortunately, he did not have a broken vertebra, but a crack in it. The boy returned to school only three months after spring break, got tired very quickly, studying became unimportant.

The school was investigated. Sergei was even tested by psychologists for excessive aggressiveness. His classmates boycotted him, his parents did not admit their son’s guilt, blaming it all on a child’s prank. A month later the boy got into a fight again...

The school administration breathed a sigh of relief only when Sergei’s family changed their apartment and moved to another area of ​​the city.

Story three. Criminal negligence

At the beginning summer holidays The class teacher took his children on a week-long camping trip. According to the existing instructions, the route was agreed upon with all authorities, the teacher and children were instructed. After the tragedy, the teacher was still unable to explain why the group deviated from the route. On the third day of the trip, the schoolchildren wanted to swim in the river - the depth seemed shallow to the teacher, and the bottom was flat. The 14-year-old girl who was caught in the whirlpool could not be saved.

A criminal case was opened against the teacher, and he went to prison for many years.

OFFICIALLY

The teacher is responsible for everything

A school or any other educational institution is responsible for its students not only on its territory, but also on the way to it, if transport was provided by the educational institution. And even if the child leaves school on foot according to any instructions or requests from the director or teacher. The head of the school must immediately notify the parents of the injured child about the incident.

Only five days are given to investigate any accident, and the head of the school must provide members of the special commission with all the conditions for the investigation and even pay the costs of examination, photography, and the like. The teacher who was directly responsible for the student in trouble has no right to take part in the investigation.

The days when a school principal could go to jail even if a student from his school was hit by a car during the summer holidays are long gone. But parents have the right to go to court regarding any incident in which their child got involved. By the way, each accident investigation report is drawn up in triplicate. Parents receive one copy. One goes to a higher organization. The third is kept in the school itself for at least 20 years.

By the way, not only broken arms and legs, road accidents or physical overload are recognized as an accident. A student may even suffer due to neuropsychic overload, which is becoming more and more common in our schools. (A separate issue of the “Pedagogical Council” will be devoted to this topic.)

NOTE TO PARENTS

Since teachers bear full responsibility for the life and health of children at school, parents have the right to make claims against them not only because of accidents.

The teacher must ensure that:

ANECDOTE ON THE TOPIC

Vovochka comes home: - Dad, something happened at our school today that your salary won’t be enough!

Undoubtedly, everyone understands that while in educational institutions, a child can find himself in completely different situations, even of his own free will, sometimes dangerous to his health and life. Therefore, many parents ask the question - who is still obliged to help the child in such situations or to prevent them altogether?

This article was created to clarify and supplement this article

Who is responsible for the safety of children in school and kindergarten?

The main documents that clearly define the duties and responsibilities of teachers, educators, trainers (in general, all participants educational process), are the law “On Education” and the charter of the educational institution.

Thus, Article 28 parts 6-7 of this law states that educational institutions (schools) are obliged to raise children and are responsible for the life and health of students , students and employees of an educational institution during the educational process. Article 41 describes what exactly does it include student health protection.
You should be aware of articles 43-45.

And Article 48 specifies who exactly bears this burden. According to the law, the following are responsible for the child:

Teacher or educator

A teacher or educator is the main person who is responsible for the life and health of a child during his stay in an educational institution. Thus, during lessons the teacher must look after the children, during breaks - the teacher on duty (appointed by the director), and during kindergarten- teacher.

In this case, the first thing the teacher must do is sign a document stating his full responsibility for the life and health of the children in his group. The obligations are described in job description. The teacher is responsible for the child from the moment the child is handed over to him by the parents.

But at the same time, according to the same instructions, in school or kindergarten without the knowledge of the parents, no one - neither the teacher nor the nanny - has the right to give children any medicines, even drip into your nose. This is the responsibility of the nurse and only with the consultation and permission of the parent (she is required to be present in every kindergarten and school).

What must a teacher/educator do if a child is injured?

Director of a school or kindergarten

According to the Law “On Education”, the director is personally responsible for each student or pupil. However, since, for example, there are at least 300 children studying in a city secondary school, duty teachers are assigned to assist the principal.

What to do if a child is injured at school or kindergarten?

If harm is caused to the child’s health or moral damage, parents can file a claim against the administration educational institution for compensation for physical and moral harm. But in this case, they will have to prove that their child’s actions do not contain direct guilt.

For example, if a school employee commits a criminal act (for example, if he can be charged with criminal negligence), then he is subject to criminal liability, and the investigative authorities are already dealing with this issue.

If the guilt of a teacher or director in the death of a child or disability due to injury is proven, they face Art. 293 of the Criminal Code of the Russian Federation - punishment up to 5 years imprisonment, and more than 2 children, then up to 7 years. If a child is injured, but without serious consequences, the punishment is a fine of up to 120 thousand rubles or correctional labor for up to a year or arrest. The parents of the injured child can also demand material compensation, for example, for medicines and, of course, moral damages. Most likely, the court will satisfy the requirements. Compensation for moral and material damage will remain at the discretion of the judge. Again, there is a whole algorithm for how to “knock out” the maximum amount for these damages. But I assure you that bright emotions and whining in court will not increase these payments.

Bullying of children can range from ridicule of appearance to physical humiliation. However, the opinion of parents and teachers that you should not interfere in children’s “squabbles” and that everything will be resolved by itself is wrong. Sometimes the cruelty of children and adolescents knows no bounds. We turned to lawyer Ekaterina Kovalenko to find out who is responsible for the child at school and where to go if he is being bullied.

Educators have long recognized the existence of such a phenomenon as school bullying- a systematic and long-term process of deliberate cruelty towards a child or group of children. Conflicts between peers have long been an integral part of growing up. As in any social group, the school class has its leaders. But what to do if the stronger ones offend the weaker ones and assert themselves at their expense?

Earlier we already talked about how a schoolgirl took her own life because of bullying on social networks(cyberbullying). Unable to solve the problem on their own and without receiving support from parents and teachers, some children decide what is best commit suicide rather than endure humiliation.

Therefore, be sure to pay attention to the child’s mood after he returns from school and take an interest in his life, because sometimes school “bullying” pushes children to unpredictable and tragic actions. For example, for ridiculing the red hair color of a 14-year-old British boy in his own room. The police did not even open a criminal case due to the student’s suicide, explaining this by insufficient evidence.

Who, when and where is responsible for the child?

As soon as your child crosses the school threshold, the school administration and teachers begin to bear responsibility for it. This also applies to the time for change.

If a clash occurred during a Ukrainian literature lesson, then the teacher of that subject is responsible for its consequences. But, of course, not all children faithfully attend every lesson.

“If a child comes to the first lesson, and then does not show up for any of the subsequent ones, the teacher must inform the parents about this. And there can be no question of signing receipts releasing responsibility from teachers,” explains the ex-director of one of the Vinnitsa schools, Valery Dyak.

If we're talking about about out-of-school time, then, for example, in accordance with the instructions for organizing and conducting excursions and trips with pupils and students, each excursion group must have a leader and his deputies. They are the ones who bear full responsibility for the life and health of children.

What can an offender be held accountable for?

Legislation to protect children's rights is quite diverse. The main international document in this area is the UN Convention on the Rights of the Child. In Ukraine, these are the Constitution, the Law “On Child Protection”, the Civil and Family Codes, the Law “On the Prevention of Domestic Violence” and “On Education”.

In particular, according to the Law of Ukraine “On Child Protection”, persons who violate it are liable civil, administrative or criminal liability.

The Law “On Education” imposes on educators duty to protect the child from all forms of violence, in particular psychological.

“Both offenders and teachers who neglect their responsibilities and turn a blind eye to violations of children’s rights can be held accountable in various forms,” the lawyer notes.

There are times when It is not the children who bully schoolchildren, but, in fact, the teachers themselves. For example, a year ago several such scandals broke out in Lviv at once. Unfortunately, the would-be teachers managed to avoid liability before the law and got away with only dismissal.

“These teachers are simply torn apart employment contract, they are not punished. Let someone explain to me: what is the difference between a pedophile who abuses physically and a teacher who abuses a child’s psyche? In such cases, criminal cases should be initiated, and not a commission of teachers should meet.

A woman contacted us, whose child was forced to his knees, beaten with folders, and abused. Hiding behind influential relatives and pedagogical trade unions, such teachers return to work and even in the same schools,” explains Elena Ponomareva, chairman of the NGO “Parents Council of Lviv Region”.

Parents should not be afraid to ruin their relationship with the school and seek punishment for such teachers: contact lawyers, law enforcement officers, carry out medical examinations of the beating, and make it public in the media.

What to do if a child is bullied

If a child is bullied at school, most concerned parents first resort to to conversations with offenders and their parents, teachers, class teachers and school directors.

If conversations do not help, psychologists will transfer the child to another school. But under no circumstances should child abuse go unpunished. As parents, you have the right to protect appropriate government agencies and the court the legitimate interests of their children.

Contact the school administration

The first step in protecting your child is to contact the school administration. A psychologist should always work there, and helping to resolve conflicts between children is his job.

If the administration of an educational institution refuses to conduct conversations between children and a psychologist, you can contact the local department of education, the Ministry of Education and Science of Ukraine and the Ombudsman for Children's Rights.

Contact the guardianship authorities

Also, for the protection of the rights, freedoms and legitimate interests of the child, you need to contact the authorities local government, children's services, social service centers for families, children and youth, the prosecutor's office and other authorized bodies.

According to the article of the Law “On Education”, the responsibilities of teaching and scientific-pedagogical employees include protection of children and young people from any form of physical or mental violence.

Law enforcement officers and lawyers

If none of the “peaceful methods” of resolving the issue helped, assert your rights with the help of law enforcement agencies and lawyers.

Apart from teachers, parents of unruly students who resort to bullying others are also held accountable.

The provisions of the Civil Code, the Code of Ukraine on Administrative Offenses and the Criminal Code stipulate that it is the parents who bear the civil and administrative responsibility for breaking the law by their children. And in some cases - even criminal liability.

“The Civil, Criminal Codes and the Code of Ukraine on Administrative Offenses stipulate that for a child under 14 years of age, parents bear full responsibility; from 14 to 18, they too, if the child does not have property or income sufficient for compensation. The age of criminal responsibility is 16 years.

But the Criminal Code establishes an exhaustive list of offenses for which a child can be brought to justice before the 16th birthday. This, in particular, is intentional murder, infliction of grievous or moderate bodily harm, theft, deliberate destruction of property, etc.,” notes lawyer Ekaterina Kovalenko.

For a teacher who has neglected his duties and the rights of the child, the school administration must attract disciplinary liability.

Let's figure out who is responsible for the life and health of children in kindergarten and school.

The mother of four-year-old Yegor Smirnov received a call from the kindergarten only six hours after the emergency, when the left side of her child’s head turned into a terrible bruise, his eye swollen shut, and the boy began to feel sick...

This happened when the children were lined up in pairs and began to be lowered down the stairs - Elena Smirnova’s throat contracts a spasm at the memory of what happened. - The nanny was absent, although two adults are required to accompany the children. Egorka stumbled and rolled down from the second floor.

The teacher took the baby to the nurse, who “didn’t even find a scratch on the child,” smeared the bruise with brilliant green and sent him for a walk. After a quiet hour, Yegorka felt very bad. Then the frightened teacher called Elena. The doctor was never called.

From the kindergarten we went to the neurologist,” says my mother. “Egorka couldn’t say anything, he just pressed closer to me and moaned. The doctor said that his reactions were inhibited. At the children's hospital. Speransky was diagnosed with: “partial memory loss, concussion, facial bruise, three teeth are very loose.” As soon as he hears the word “kindergarten,” he cries bitterly: “Mom, don’t leave me there!”

The head of the capital’s kindergarten No. 2572, where everything happened, Tatyana Zhukova “punished the culprits” - she gave the teacher and nurse a “strictly punishment”.

Of course, we do not absolve ourselves of guilt,” says Tatyana Sergeevna. - But there were no grounds for dismissal, at that time the child felt fine, the pupils were normal, there were no gag reflexes...

Yegor’s mother considered this punishment too lenient and filed a civil lawsuit demanding compensation for moral and material damage(the decision will be made any day now). She also wrote to our editor: they say that the child was maimed, and the teacher is getting away with it.

In the kindergarten, they were offended by the lively mother: they could have dealt with the situation “humanely.” The mothers from the parent committee also do not approve of Elena - “she washed her dirty laundry in public.” But it’s difficult to answer what they would have done in her place.

WHAT THE LAW SAYS

How should it really be? The Law “On Education” (Article 32) states: “Educational institutions are responsible for the life and health of students, pupils and employees of an educational institution during the educational process.” And Article 51 specifies: the entire burden of responsibility is borne by officials - directors, managers, educators and teachers. The first thing the teacher must do is sign a document stating his full responsibility for the life and health of the children in his group. Responsibilities are described in the job description.

The teacher is responsible for the child from the moment the baby is handed over to him by the parents. As they say, from hand to hand,” says top-category lawyer Anna Dorozhinskaya. - But if the mother brought the child only to the garden gate, and then he went on his own, then everything that can happen to him along this path will be on the conscience of the parent.

If a child comes to kindergarten alone, the teacher is obliged to report this to the head in writing, and in the evening the parents sign the document. In turn, he is also obliged to hand over the baby personally to the parents.

In case the teacher is away for a long time, a nanny can stay with the children, but she is not responsible for the life and health of the children under her care. The head is given a note specifying the time of the teacher’s absence. During this period, the director is personally responsible. If there is no such note, then both the teacher and the head will be responsible for the emergency. According to the law, the teacher is responsible even for diseases contracted by children in the kindergarten. But at the same time, according to the same instructions, in the kindergarten, without the knowledge of the parents, no one - neither the teacher nor the nanny - has the right to give children any medicine, not even drop it into the nose. This is the responsibility of the nurse who must be on site all day.

FROM HANDS TO HANDS

As for relatives, the child can be given to them in the evening only if the parents have warned about this in advance. In some kindergartens, when concluding an agreement with parents, the administration requires a list of persons who have the right to take the baby home. IN standard contract, recommended by the Ministry of Education and Science, the following is written: “The parent undertakes to personally hand over and pick up the child from the teacher, without entrusting the child to persons underage

16 years of age." This means that the teacher does not have the right to give the child to the brothers and sisters who come for the youngest.

If parents do not have time to pick up the child before the kindergarten closes, the teacher does not have the right to put the child outside alone. Punishment for such antics is a serious administrative penalty, and only if nothing happened to the child. Otherwise, the case may end in criminal charges of “negligence.”

In the decree of the Government of the Russian Federation “On approval of the standard regulations on educational institution for preschool and younger children school age“It is said that the teacher is obliged to sit with the child until they come for him.

If they forgot about the kindergartener, the teacher can even take him to his home.

PUNISHMENT FOR LACK OF INSPECTION

If the guilt of a teacher or director in the death of a child or disability due to injury is proven, they face Art. 293 of the Criminal Code of the Russian Federation - punishment from 2 to 5 years in prison. If a child is injured, but without serious consequences, the punishment is a fine of 10 to 20 thousand rubles or correctional labor for up to a year. Parents of an injured child may also demand financial compensation, for example, for medicines. Most likely, the court will satisfy the requirements. Compensation for moral damage will remain at the discretion of the judge.

Question from a reader:

When my son was a schoolboy, during one of his physical education lessons, he fell from a rope and broke his wrist. Then, this was in the 90s, neither the teachers nor the director were even reprimanded for the fact that their student was injured. This year I am sending my grandson to first grade and I am very worried about him. Tell me, is it true that teachers are now responsible for the child at school?
Nina Vladimirovna, Borovoe village.

A lawyer answers the questionBakhtier KHASANOV:

During breaks and breaks between classes, which are the working hours of teaching staff, teachers are responsible for the health of their students. Based on the meaning of Article 56 “The child’s right to protection” of the Family Code of the Russian Federation, then while the child is within the educational institution, those school employees who work with him in the educational institution are responsible for his life and health. this moment. During the lesson it is the teacher, during recess it is the teacher on duty. The head of the educational institution bears overall responsibility for all students.
If harm to the child’s health or moral damage is caused, parents can file a claim against the administration of the educational institution for compensation for material and moral damage, but they will have to prove that their child’s actions do not contain direct guilt (clause 3 of Article 1073 of the Civil Code of the Russian Federation). At the same time, the fault of educational institutions is understood as neglect of children at the time of harm. When establishing guilt, it is necessary to find out whether the institution took all measures within its power to ensure the safety of the child and whether the teacher who was watching the children was at fault in the incident. For example, a child may break an arm or leg during a physical education lesson or while on a walk. It is clear that no one wanted such an outcome. But it is necessary to find out whether the child was given an excessive load, whether the playground or gym equipment was in good working order.
As a rule, if a student is injured in class, parents have the right to go to court to claim compensation for expenses caused by damage to the child’s health - expenses for treatment, additional food, etc. - on the basis of Article 1087 of the Civil Code of the Russian Federation.
To do this, you must write a written application addressed to the director of the institution with a request to conduct an internal investigation of the accident and obtain an accident report.
In addition, parents have the right to ask the administration to take measures in response to the injury, for example, to punish the guilty teachers, to take measures to ensure the safety of children in the educational institution; it may be necessary to hold a meeting of the teachers' council on this situation. In a word, it is necessary to record the fact of injury. And if the school refuses to issue an accident report, evidence of the injury is the records of the child’s examination at the emergency room and the data from the relevant medical documents about the child’s examination.
Once the child’s injury is recorded in writing, we can talk about compensation for treatment costs and moral damage caused to the child. The amount of compensation for moral damage is determined by the court depending on the nature of the physical and moral suffering caused.
Harm to a child’s health can also occur as a result of violation of safety regulations or labor protection rules. If the violation was committed by a person who had obligations to comply with these rules, and it resulted in harm to health, then the perpetrator may be held criminally liable.
In addition, Article 143 of the Criminal Code of the Russian Federation may be applied to the official under whose supervision the injured child was: violation of safety rules or other labor protection rules committed by a person who was responsible for complying with these rules, if this resulted in negligence causing serious harm to human health is punishable by a fine in the amount of up to 200,000 rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of up to two years, or by imprisonment for a term of up to one year.
The same act, which through negligence resulted in the death of a person, is punishable by imprisonment for a term of up to three years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.