Right of Minors to Education and its Implementation in the National Legislation of the Russian Federation

  • Oksana Gennadievna BOLSHAKOVA Russian State Social University, Moscow, Russia
  • Angelina Anatolievna KVITKOVSKAYA Russian State Social University, Moscow, Russia
  • Larisa Viktorovna PROKHOROVA Russian State Social University, Moscow, Russia
  • Anna Maximovna RABETS Russian State Social University, Moscow, Russia
  • Elena Olegovna TCHINARYAN Russian State Social University, Moscow, Russia

Abstract

This work is devoted to problems of the legal status of children in establishment, preservation, realization and protection of the right for education at the international legal and national levels. Based on comparison of the international legal regulation of minors’ right to education and the existing federal legislation on education, the authors come to a conclusion about high degree of conformity of the national legislation of the Russian Federation to the generally accepted principles and rules of international law. Special attention is paid to the characteristics of the constitutional prerequisites of regulation and realization of minors’ right to education in the Russian Federation, and such political and legal program documents as Concept of long-term socio-economic development of the Russian Federation for the period until 2020, approved by the Order of the Government of the Russian Federation of November 17, 2008 No. 1662 (Order of the Government of the Russian Federation, 2008); National strategy of actions for the benefit of children for 2012-2017, approved by the Decree of the Russian President of June 1, 2012 No. 761 (Decree of the Russian President, 2012); Concept of the state family policy in the Russian Federation for the period until 2025, approved by the Order of the Government of the Russian Federation of August 25, 2014 No. 1618 (Order of the Government of the Russian Federation, 2014) and others.


The attention is also paid to the specifics of realization of the right to education of various categories of minors, in particular, orphaned children, children deprived of parental care, children with limited health opportunities and convicted minors.

References

1. Anisimova, L.N. et al. 2011. Juvenile Law: Textbook. Guide for students. Texas: West Publishing Company.
2. Bolshakova, O.G. 2012 Status and prospects of development of juvenile justice in modern Russia. Actual problems of law: a collection of scientific works of teachers and students on the basis of scientific RSSU readings February 2, 2012, Moscow: RSSU, pp. 95-98.
3. Chinaryan, E.O. 2014. Some questions about analogy of the right and law in regulation of the family relations. Available at: http://rgsu.net/netcat_files/1836/2608/Monografiya_pod_red._Rabets_A.M._Tituly__oglavlenie__vvedenie__literatura.pdf (accessed January 30, 2017).
4. Code of Administrative Offences of the Russian Federation No195-FZ 2001. Collection of the Russian Federation legislation, 07.01.2002, No 1 (part 1), art. 1.
5. Concept of Long-Term Socio-Economic Development of the Russian Federation until 2020 by directive No 1662-r of November 17, 2008. Collection of the Russian Federation legislation, 2008, No 47, art. 5489.
6. Federal Act ‘On Basic Guarantees of the Right of the Child in the Russian Federation’ No 124-FZ. 1998. Collection of the Russian Federation legislation, 03.08.1998, No 31, art. 3802.
7. Federal Act ‘On Education in the Russian Federation’ No 273-FZ. 2012. Collection of the Russian Federation legislation, 2012, No 53, art. 7598.
8. Federal Act No 159-FZ ‘On additional guarantees for the social support of orphans and children left without parental care’. 1996. Collection of the Russian Federation legislation, 23.12.1996, No 52, art. 5880.
9. Gaponenko, A.V., and Kvitkovskaya, А.А. 2015. Formation of multicultural competence of the future expert in the educational environment. Electronic scientific journal ‘TSITISE’ TSITISE, 3(3). Available at: http://ma123.ru/load/citiseh_3_3/13_00_00_pedagogicheskie_nauki/kvitkovskaja_a_a_gaponenko_a_v_formirovanie_polikulturnoj_kompetentnosti_budushhego_specialista_v_obrazovatelnoj_srede_vuza/20-1-0-120 (accessed January 30, 2017).
10. Kvitkovskaya, А.А. 2014. Socio-pedagogical aspect of the movement ‘New Schools’. The origins of the formation of social pedagogy: roundtable proceedings. Moscow: Publishing house RSSU, pp. 134-138.
11. Prokhorova, L.V. 2010. Rights of orphans and children left without parental care to education. Scientific notes of RSSU, 4: 36-41.
12. Prokhorova, L.V. 2010 Social guarantees for orphans and children left without parental care. Scholarly notes, 4: 36-41.
13. Rabets, A.M. 2012. Juvenile Law of the Russian Federation: textbook for master’s. Moscow: Publisher Yurayt, pp. 124.
14. Rabets, A.M. and Prokhorova, L.V. 2010. Basic concept of juvenile law in the present Russia. Social Policy and Sociology, 9: 82-92.
15. Resolution of the Government of the Russian Federation ‘On approval of the state program of the Russian Federation ‘Development of Education’ on 2013 - 2020 years’ No. 295. 2014. Collection of the Russian Federation legislation, 28.04.2014, No 17, art. 2058.
16. The Constitution of the Russian Federation (adopted at national voting on December 12, 1993). Collection of the Russian Federation legislation, 04.08.2014, No 31, art. 4398.
17. The Convention on the Rights of the Child (UN General Assembly approved 20.11.1989) (entered into force for the USSR 15.09.1990). 1993. Collection of International Treaties of the USSR, the release XLVI.
18. The National Strategy for Action in the Interests of Children 2012–2017, approved by Presidential Decree No 761 of June 1, 2012. Collection of the Russian Federation legislation, 04.06.2012, No 23, art. 2994.
Published
2018-02-03
How to Cite
BOLSHAKOVA, Oksana Gennadievna et al. Right of Minors to Education and its Implementation in the National Legislation of the Russian Federation. Journal of Advanced Research in Law and Economics, [S.l.], v. 8, n. 5, p. 1496-1502, feb. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1702>. Date accessed: 22 may 2024.