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Requirements for safety measures in schools. The Prosecutor General's Office demanded to stop levies in schools The presence of a security guard at a school is mandatory or not

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of 13.09.2016 N 16-KG16-34 Requirement: On recognizing as illegal the inaction of educational institutions, expressed in non-fulfillment of the obligation to conclude contracts for the provision of security services with an organization that has an appropriate license, the obligation to conclude contracts and allocate funds for their conclusion. Circumstances: The plaintiff believes that this failure to act prevents the organization of physical protection for students and employees of educational institutions. Decision: The case was sent for a new consideration to the court of appeal, since the judicial acts were adopted without taking into account the provisions of paragraph 1 of Art. 421 of the Civil Code of the Russian Federation, and are also based on a misinterpretation of the content of clause 2.1.4 of the Standard Instruction, approved by the order of mini ...

SUPREME COURT OF THE RUSSIAN FEDERATION

DEFINITION

Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, composed of

presiding Gorshkov V.V.,

judges Romanovsky C.The. and Getman E.S.,

Having considered in open court the case on the claim of the prosecutor of the Staropoltavsky district of the Volgograd region in the interests of an indefinite number of persons, students of educational institutions against the administration of the Staropoltavsky municipal district of the Volgograd region, the municipal budgetary educational institution "Gmelin secondary school named after V.P. Agarkov", the municipal state educational institution "Verbenskaya basic school", the municipal state educational institution "Verkhneiruslanskaya basic school", the municipal state educational institution "Kalinin basic school", the municipal state educational institution "Kolyshkinsky secondary school", the municipal state general educational institution "Krasnoyarsk secondary school", the municipal state general educational institution "Saltovskaya secondary school", municipal government educational institution "Torgunskaya secondary school", municipal government to the general educational institution "Tikhonovskaya basic school" on recognizing inaction illegal and forcing educational institutions to conclude an agreement for the provision of security services with a security organization that has a license

on the cassation appeal of the representative of the administration of the Staropoltavsky municipal district against the decision of the Staropoltavsky district court of the Volgograd region of May 21, 2015 and the appeal ruling of the judicial collegium for civil cases of the Volgograd regional court of December 9, 2015,

after hearing the report of the judge of the Supreme Court of the Russian Federation S.V. Romanovsky,

established:

the prosecutor of the Staropoltava district of the Volgograd region, in the interests of an indefinite circle of persons, students of educational institutions, filed a lawsuit against the administration of the Staropoltava municipal district of the Volgograd region, MBOU "Gmelinskaya secondary school named after V.P. Agarkov", MKOU "Verbenskaya OSH" ", MKOU" Kalininskaya OSH ", MKOU" Kolyshkinskaya SSh ", MKOU" Krasnoyarskaya SSh ", MKOU" Saltovskaya SSh ", MKOU" Torgunskaya SSh ", MKOU" Tikhonovskaya OSH "on recognizing inaction as illegal and forcing educational institutions to conclude an agreement to provide security services with a licensed security organization.

In support of his claims, he pointed out that the Prosecutor's Office of the Staropoltavsky District of the Volgograd Region carried out an audit to ensure that educational institutions complied with the requirements of the Federal Law of the Russian Federation "On Education in the Russian Federation" and the Law of the Russian Federation "On Private Detective and Security Activities in the Russian Federation."

In accordance with the charters of educational institutions, the founder and owner of the property of educational institutions is the administration of the Staropoltava municipal district of the Volgograd region.

Educational institutions during the educational process are objects subject to priority anti-terrorist protection in order to ensure the life and health of their pupils. However, the protection of educational institutions and the provision of access control was carried out by persons who do not have the status of a private security guard and who are not employees of a private security organization, which is confirmed by information from the Education Department of the Administration of the Staropoltavsky Municipal District of March 13, 2015 No.

Officials of educational institutions did not enter into contracts for the provision of security services with a private security company licensed to provide security services, which creates unsafe conditions for the education of minors, their maintenance in accordance with the established norms that ensure the life and health of employees and students of educational institutions.

The plaintiff believed that the inaction of officials of educational institutions of the Staropoltava municipal district of the Volgograd region prevented the organization of physical protection of students and employees of educational institutions.

The administration of the Staropoltavsky municipal district did not allocate funds for these purposes.

Based on the foregoing, the plaintiff asked the court to recognize the inaction of educational institutions, expressed in failure to fulfill the obligation to conclude contracts for the provision of security services with a security organization that has an appropriate license, illegal, to oblige these educational institutions to conclude these contracts, and to allocate the administration of the Staropoltava municipal district of the Volgograd region funds for the conclusion of contracts.

By the decision of the Staropoltavsky District Court of the Volgograd Region of May 21, 2015, upheld by the appeal ruling of the Judicial Collegium for Civil Cases of the Volgograd Regional Court of December 9, 2015, the claims were satisfied.

In the cassation appeal, the representative of the administration of the Staropoltavsky municipal district asks to cancel the named judicial acts.

By the determination of the judge of the Supreme Court of the Russian Federation S.The. of August 11, 2016 the cassation appeal with the case was forwarded for consideration at the court session of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation.

Having checked the case materials, having discussed the arguments of the cassation appeal, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds the appeal subject to satisfaction.

In accordance with Article 387 of the Civil Procedure Code of the Russian Federation, the grounds for canceling or changing court decisions in cassation are significant violations of substantive law or norms of procedural law that influenced the outcome of the case and without which it is impossible to restore and protect violated rights, freedoms and legal interests, as well as protection of public interests protected by law.

When deciding to satisfy the claims, the court of first instance, guided by the provisions stipulated by the Constitution of the Russian Federation, Federal Law of December 28, 2010 N 390-FZ "On Security", Federal Law of March 6, 2006 N 35-FZ "On countering terrorism ", Federal Law of December 29, 2012 N 273-FZ" On Education in the Russian Federation ", Federal Law of July 24, 1998 N 124-FZ" On Basic Guarantees of Children's Rights in the Russian Federation ", Law of the Russian Federation dated March 11, 1992 N 2487-1 "On private detective and security activities in the Russian Federation", Federal Law of the Russian Federation dated October 6, 2003 N 131-FZ "On general principles of organizing local self-government in the Russian Federation", Federal Law Of the Russian Federation of December 30, 2009 N 384-FZ "Technical regulations on the safety of buildings and structures", "Concept of countering terrorism in the Russian Federation", approved by the resident of the Russian Federation on October 5, 2009, proceeded from the fact that the safety issues of the stay of children, school staff and other visitors are under the joint jurisdiction of educational institutions and the local government, which are also entrusted with the obligation to respect the rights of these persons to anti-terrorist security, which implies the implementation of the necessary measures in order to ensure the life and health of students and teachers of an educational institution. In addition, the court of first instance pointed out that the local government body that finances educational institutions is obliged to allocate funds for the conclusion of contracts by schools on the provision of security services with an organization that has the appropriate license.

The court of appeal, leaving the decision of the court of first instance unchanged, referred to paragraphs 2.1.5, 2.1.2, 2.3 "Model instructions for organizing the protection of educational organizations in the Volgograd region from terrorist attacks", approved by order of the Ministry of Education and Science of the Volgograd region No. 217 of March 5, 2014 (hereinafter referred to as the Standard Instruction), which, in the opinion of the judicial board, provide for the obligation of the head of the educational organization to conclude an agreement on the provision of security services with an organization licensed to provide security services.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation finds that the contested judicial acts were adopted in violation of the norms of the current legislation and it is impossible to agree with them on the following grounds.

According to paragraph 1 of Article 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to conclude an agreement.

Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this Code, law or a voluntarily accepted obligation.

The Civil Code of the Russian Federation, laws and other normative legal acts applied by the courts in resolving a dispute do not contain norms stipulating the obligation of an educational institution to conclude an agreement on the provision of security services with an organization that has an appropriate license.

Minister of Education and Science
Russian Federation

Fursenko A.A.

REPRESENTATION

On elimination of violations of the legislation guaranteeing the right to receive basic general education

The results of the audit and analysis of statistical data organized by the General Prosecutor's Office of the Russian Federation indicate that positive changes in state policy in the field of education are being implemented slowly. The development of regional lawmaking related to the amendments to the Law of the Russian Federation “On Education” introduced by Federal Law No. 122 - FZ of 22.08.2004, is not intensive. The right of minors to receive basic general education is violated everywhere.
Prosecutors have established numerous violations of the rights of citizens to the availability and free of charge of basic general education, provided for in Art. 26 of the Universal Declaration of Human Rights, art. 43 of the Constitution of Russia and Art. 5 of the Law of the Russian Federation "On Education" (hereinafter - the Law).
In the republics of Altai, Dagestan, Sakha (Yakutia), Khakassia and the Chuvash Republic, Perm, Primorsky Territories, Irkutsk, Kamchatka, Murmansk, Novgorod, Oryol, Rostov, Ryazan, Smolensk, Yaroslavl regions, cities of Moscow and St. Petersburg, the Jewish Autonomous Region , Khanty-Mansi and Yamalo-Nenets Autonomous Okrugs, legal acts of state authorities and local self-government, as well as local acts of educational institutions, contradicting federal legislation on education were identified.
Such violations as the conduct of the educational process in the absence of licenses or the expiration of their validity periods, without certification and accreditation, provided for in paragraphs. 6, 16, 19 Art. 33 of the Law, which indicates the lack of proper control on the part of the territorial education authorities (the republics of Dagestan, Karelia, the Chuvash Republic, Krasnoyarsk, Perm, Khabarovsk Territories, Voronezh, Vladimir, Irkutsk, Kemerovo, Kursk, Murmansk, Pskov, Rostov, Sakhalin, Tula regions, Saint Petersburg, Yamalo-Nenets, Evenk Autonomous Okrugs and other regions.)
In the Perm Territory, at the time of the inspection, every third educational institution implementing basic general education programs had expired the license for the right to conduct educational activities. The reason for the late receipt of the license was the improper organization by the founders of the work on the preparation of educational institutions for the licensing procedure. In the Kirov region, dozens of schools (51) conducted educational activities without a license. In the Republic of Sakha (Yakutia), despite the fact that prosecutorial inspections revealed the facts of schools carrying out unlicensed activities since 2004, the report of the inspection and control department of the republic dated July 15, 2005 indicates 100 percent licensing of educational institutions.
The statutes of many educational institutions have not been brought in line with current legislation. They do not contain the mandatory information provided for in Art. 13 of the Law, i.e. the most important parameters of educational activities related to the rights of students. Included are illegal provisions on the establishment of tests for admission to educational institutions, expulsion from them, the imposition of disciplinary sanctions on students. The sources of the formation of financial resources are loans from banks and other creditors (in violation of paragraph 2 of article 32 of the Law).
At school No. 278 in St. Petersburg, in accordance with the admission rules in the 2005/2006 academic year, children whose parents worked at the school or expressed a desire to go there to work enjoyed the preferential right when enrolling. In addition, admission to the fifth grade was carried out on a competitive basis after an interview.
By the charters of a number of educational institutions of the Olginsky municipal district of the Primorsky Territory, the responsibility for organizing meals for students is partially assigned to parents, which contradicts paragraph 5 of Art. 51 of the Law.
The Prosecutor of Gus-Khrustalny, Vladimir Region, protested the Regulation on the Council for the Protection of the Rights and Prevention of Offenses of Students of Secondary School No. 3, which is empowered to resolve issues of transferring children without parents to custody (guardianship), which contradicts Art. 122, 123 of the Family Code of the Russian Federation.
Violating the principle of general accessibility of basic general education, the administrations of institutions introduced rules restricting the admission of students to schools on the principle of territoriality, establishing the priority in the admission of children of employees of educational institutions. Students were enrolled in schools based on the results of exams, tests, interviews, conclusions of psychological and pedagogical commissions. Admission to subsequent classes is also based on interviews and personal achievements.
In the Primorsky Territory, Volgograd, Pskov Regions, Moscow, in violation of Art. 5 of the Law, some local acts of educational institutions provide for restrictions on admission to school, taking into account the place of residence of children and admission on a competitive basis.
In the Volgograd region, Moscow, the statutes of a number of educational institutions include provisions on admission to studies in the first grades on the basis of the conclusion of the psychological and pedagogical commission, and enrollment in the second and subsequent grades is carried out subject to the availability of vacancies following an interview.
Cases of illegal exclusion of students from educational institutions in violation of the requirements of Art. 19 of the Law - for poor progress, missing classes, non-compliance with the charter, committing offenses; exclusion of orphans and children left without parental care - without the consent of the guardianship and guardianship authorities. At the same time, no measures were taken for the employment of minors by school administrations, educational authorities, commissions for minors and the protection of their rights (the republics of Altai, Dagestan, the Chuvash Republic, Krasnoyarsk, Perm, Primorsky Krai, Belgorod, Volgograd, Voronezh, Irkutsk, Kemerovo, Murmansk , Tula, Yaroslavl regions, St. Petersburg, Jewish Autonomous Region and other regions).
So, in one of the schools in the city of Novomoskovsk, Tula region, 26 students were expelled for academic failure for two academic years. According to the charter of the Vyazovatovskaya school of the Voronezh region, a student sentenced to a suspended sentence or having a criminal record is not entitled to continue education, which is contrary to paragraph 1 of Art. 5 of the Law. In the Republic of Dagestan, some heads of educational institutions forced to take the documents of those parents whose children had committed offenses from school.
In all regions, the facts of illegal imposition of disciplinary sanctions on students were revealed: fines or transfers to home schooling for smoking or foul language; reprimands, suspension or conditional expulsion from school for academic failure and misconduct; registration with the juvenile department of the internal affairs bodies for non-compliance with the charter.
In the Chuvash Republic, in violation of Art. 13, 19 of the Law, pupils of the 7th grade of secondary school No. 210 in Kanash were not allowed by the school administration to attend classes, since, in accordance with the charter, a disciplinary measure was applied to them - conditional expulsion from the school. By order of the director of secondary school No. 3 in the city of Valdai, Novgorod Region, the pupils were fined 50 rubles. for smoking in the school building. The internal regulations of school No. 5 in St. Petersburg provide for a temporary or permanent transfer to home schooling of a student for smoking at school, as well as if a student brings to school things that have nothing to do with classes (players, mobile phones, etc.) ...
Only the prosecutors of the Kirov region for 2 months of this year brought 156 protests against the illegal provisions of local acts of educational institutions.
The principle of free basic general education is violated everywhere, which is manifested in forcing the parents of students to make so-called “entrance fees” when admitting children to educational institutions, providing charitable assistance, voluntary donations for various needs of the institution, including those financed from the budget. However, such assistance is contrary to paragraph 8 of Art. 41 of the Law, Art. 1, 4, 5 of the Federal Law "On Charitable Activities and Charitable Organizations" is often compulsory.
Agreements are concluded between educational institutions and the parents of students obliging the benefactor (parent) to provide assistance to the educational institution in the form of monetary contributions (in cash or by bank transfer), as well as in the form of property. By the decision of parents' meetings, persons who are unable to contribute funds for the repair of an educational institution are obliged to work on the repair of the school or purchase construction materials.
The school in the city of Gruzino, Novgorod Oblast, has developed a Regulation on voluntary contributions from parents (legal representatives), which forces them to pay fees or buy building materials or provide other services. Agreements have been concluded with the parents of the pupils of school No. 1 of the Starorussky district, according to which they must, within 9 months, contribute money for the needs of the school in the amount determined by the parent committee.
In the Yamalo-Nenets Autonomous Okrug, school No. 6 adopted a Regulation on voluntary contributions from parents, and an additional payment for teachers is provided in the amount of 150 rubles. for "timely and high-quality collection of parental fees." In St. Petersburg, at school No. 430 of the Petrodvorets district, the parents of first graders were obliged to provide charitable assistance for the installation of double-glazed windows in the classroom. The administration of school No. 1268 in Moscow illegally attracted parents' funds for cleaning the premises, buying school furniture, and repairing the school. In the city of Kaspiysk, Republic of Dagestan, in February 2006, a 6th grade student of school No. 2 was not admitted to lessons by the class teacher, since he did not bring money for repairs and security of the school. The Prosecutor's Office of St. Petersburg sent to court a criminal case against the teacher of school No. 262 Novak VA, because of the bullying of which, a pupil of the 8th grade, Lebedev R.V., who refused to hand over money for the repair of the school, was sent to court. committed suicide by throwing himself under the train.
In violation of Art. 45 of the Law, paragraph 4 of the Rules for the provision of paid educational services by general educational institutions, as such, they provided services provided for by the relevant educational program and state educational standards, as well as developmental and health-improving services for children, provided through circles, sections, sports events, discos, etc. etc. At the same time, contracts for their provision were sometimes not drawn up. In some regions, educational authorities have established norms for receiving funds for the provision of such services (the Republic of Sakha (Yakutia), Primorsky Krai, Volgograd, Murmansk, Novgorod regions).
So, at school No. 25 in Vladivostok, Primorsky Territory, paid services were provided in subjects included in the main curriculum: mathematics, physics, computer science, Russian language, chemistry. In schools No. 8, 10 of the Arsenyevsky urban district, educational services were provided within the curriculum by reducing the established class size, dividing classes into subgroups. At the protest of the prosecutor of the Novgorod region, the illegal provisions of the order of the Education Committee dated December 15, 2003 No. 746 were canceled in terms of the approved annual rate for receiving extra-budgetary funds from the provision of paid additional educational services.
The property of educational institutions is not always used for its intended purpose. During the period under review, there were cases of illegal transfer of it to rent without an expert assessment - in violation of paragraph 4 of Art. 13 of the Federal Law "On the Basic Guarantees of the Rights of the Child in the Russian Federation" (Republic of Tatarstan, Perm, Primorsky Territories, Volgograd, Murmansk Regions, Khanty-Mansi Autonomous Okrug - Yugra).
In Derbent, the Republic of Dagestan, classrooms, as well as canteens, gyms, workshops were leased to private individuals, at the same time, due to the lack of premises in 11 schools in the city, training took place in three shifts. Paid parking is organized in the courtyard of the correctional school No. 7.
By the verdict of the Zelenograd court of Moscow, the director of school No. 2609, L.Ye. Melnikova, was convicted. according to h. 1 tbsp. 286 of the Criminal Code of the Russian Federation and her deputy Zvezdina L.V. under Part 2 of Art. 290, part 1 of Art. 286 of the Criminal Code of the Russian Federation to conditional penalties for accepting a bribe for leasing the premises of the assembly hall of a school for holding a meeting of members of a garage-building cooperative.
In a number of schools, especially those located in remote areas or rural areas, the educational process in violation of paragraph 2 of part 3 of Art. 32 of the Law is not being implemented in full. Certain subjects (foreign language, history, physical education, music and others) are not taught or the teaching is carried out by persons who do not have the appropriate education (Altai Republic, Kemerovo Region, Jewish Autonomous Region, Yamalo-Nenets Autonomous Okrug and others).
The material and technical support of many educational institutions and the equipment of the educational process remain unsatisfactory (Article 32 of the Law). A number of schools lack water supply, sewerage, and sanitation facilities. Stove heating is maintained in the overwhelming majority of rural schools. Children receive education in premises unsuitable for learning, with a threat to life and health. In some regions, funds for major repairs have not been allocated for decades.
For example, in the city of Perm, if there were appropriate conclusions about the unsatisfactory technical condition of objects, funds for the overhaul of educational institutions were not allocated for 15 to 30 years. In the Kochevsky district of the Komi-Permyatsky district, the buildings of three educational institutions licensed for educational activities have been decommissioned, but continue to operate. In the Novgorod region, every fifth school has no sewerage system, almost half of them have no running water or centralized heating. In 2006, at the request of the prosecutors of the Republic of Sakha (Yakutia) and the city of Moscow, the operation of the premises of a number of educational institutions was suspended, in which the presence of children is life-threatening due to the emergency state of buildings.
In most educational institutions, students were provided with teaching aids on average by 50-70%. Parents are forced to purchase textbooks on their own or pay for using them from the school library, which is contrary to paragraph 4 of Art. 50 of the Law, paragraph 49 of the Model Regulation on a General Education Institution, Art. 8 Federal Law "On librarianship". So, in 2005, textbooks were not received in 16 schools of the Krasnoarmeisky District of the Primorsky Territory. In the Belgorod region, 90% of students are provided with textbooks at the expense of parental funds. Almost no district of the Novgorod region is fully provided with a free set of textbooks.
Educational institutions have not fully created the conditions that guarantee the protection and promotion of the health of students. In violation of Art. 51 of the Law are not coordinated with the health authorities, the teaching load and the mode of studies. Buildings and premises do not meet the fire safety requirements, as well as the established sanitary standards and rules for lighting, a set of furniture, the equipment of kitchens and bathrooms. Exceeded the maximum permissible norms for the complete set of classes. The maximum number of students provided for by the license is not respected. Necessary conditions for food and medical care for students have not been created.
Thus, in more than half of the regions, schools do not have medical offices, and if they do exist, they are not equipped with special furniture, appropriate equipment, devices, necessary drugs and qualified personnel.
In violation of Art. 51 of the Law, the curriculum, the schedule of the day and classes are drawn up without the consent of the health authorities, without taking into account the mental performance of students. The duration of the changes does not correspond to the established norms, it is allowed to reduce their time. The maximum permissible norms for the complete set of classes are exceeded.
The sanitary norms and rules stipulated by the “Hygienic Requirements for Learning Conditions in Educational Institutions.” Are violated everywhere. SanPin 2.4.2.1178-02 ", in terms of the lighting of the premises, a set of furniture (growth and age changes of students are not taken into account), furnishing of catering units, equipment and maintenance of toilets. There are no washbasins in the offices, the chalkboards are not equipped with spotlights, there are no showers in the gyms, etc.
Often, the organization, regime and quality of nutrition of students do not meet the requirements. In a number of schools, there is no proper control over the state of actual nutrition and the quality of food, the sanitary and hygienic state of the catering units. The calorie content of breakfasts and dinners does not correspond to the physiological needs of the growing organisms of children. Dairy, meat dishes are absent, natural products are replaced by canned ones. Hot food - pantry. In some schools it is not organized at all. In the Volgograd and Kursk regions, hot meals are provided to about 60% of schoolchildren, in St. Petersburg - 52%.
The adopted regional security programs for educational institutions are not being fully implemented. In violation of Art. 5 of the Federal Law "On Counteracting Extremist Activity", clause 3, part 3 of Art. 32 of the Law, they do not create conditions for the prevention and suppression of extremism and terrorism. Often, schools are guarded by technical personnel (watchmen, watchmen, cleaners) or unlicensed security guards. Even in large cities, a significant part of schools are not equipped with alarm buttons for emergency calls to internal affairs bodies and fire brigades. Most rural schools do not have security guards or telephone facilities. The solution to the problems of their safety and anti-terrorist security is entrusted to the parents (legal representatives) of students, who conclude contracts for the protection of schools with licensed security agencies and pay for their services.
Similar violations were revealed in the activities of non-state educational institutions and special educational institutions for adolescents with deviant behavior.
The work of educational institutions and educational authorities in identifying, registering and placing children who do not attend or systematically miss classes for disrespectful reasons; the adoption of effective measures to educate and receive compulsory basic general education; prevention of neglect and delinquency is poorly established - contrary to the requirements of Art. 31 of the Law, Art. 9, 14 FZ "On the foundations of the system for the prevention of neglect and juvenile delinquency." The lack of effective interaction with other subjects of crime prevention negatively affects the state of juvenile delinquency. About half of the juveniles who committed crimes in 2005 are school students. Prosecutors of the Chuvash Republic, Kirovskaya, Murmanskaya, Novgorodskaya oblasts, Yamalo-Nenets Autonomous Okrug revealed facts of concealment of offenses committed by students by the administration of educational institutions.
In 2004 - 2005 in the republics of Buryatia, Dagestan, Krasnoyarsk, Perm, Primorsk Territories, Belgorod, Kursk, Lipetsk, Sakhalin Regions, Moscow, St. Petersburg and other regions, law enforcement agencies initiated 79 criminal cases on the facts of cruel treatment of students and the use of unlawful methods of education, misappropriation monetary and material values, abuse of office, production and sale of forged educational documents.
The prosecutor's office of the Primorsky Territory opened a criminal case against the heads of the secondary school No. 151 on the fact of submission of inaccurate statistical reports in terms of the overestimation of the number of students and the excess of the wage fund in this regard.
The prosecutor's office of St. Petersburg is investigating a criminal case under Art. 156 of the Criminal Code of the Russian Federation in relation to the former teacher of school No. 468 Lukina GA, who deprived students of meals for poor academic performance, beat them on the hands, forced them to clean the dining room and toilets, and publicly insulted them. The Prosecutor's Office of the Partizansky District of the Primorsky Territory sent a criminal case to the court on charges under Art. 130, 156 of the Criminal Code of the Russian Federation of the teacher of primary classes of secondary school p. Zolotaya Dolina Gorovoy I.M., which made the fourth grade students lick the floor with their tongues. In the Krasnoyarsk Territory, educators of the Achinsk cadet corps Kalinina S.A. were sentenced to a fine. and Belozerov M.Yu., who inflicted burns on the back and buttocks of one pupil with an iron and injured the eardrum of the ear of another.
These violations became possible due to the lack of proper control on the part of education authorities over the activities of general education institutions and shortcomings in personnel work.
The process of teaching adolescents in temporary detention centers for juvenile offenders of the internal affairs bodies does not meet educational standards. The procedure for organizing and conducting the educational process in these institutions has not been developed.
Facts of non-compliance with the requirements of Art. 112 of the Criminal Executive Code of the Russian Federation on the receipt by convicts in educational colonies of basic general education on the basis of an evening educational school in the Republic of Tatarstan, Perm and Primorsky Territories, in Belgorod, Irkutsk, Kursk, Pskov, Ulyanovsk Regions.
A year ago, the Prosecutor General's Office of the Russian Federation submitted submissions to you and the Minister of Justice of the Russian Federation demanding the elimination of massive violations of the right of minors held in remand prisons to receive basic general education. One of the reasons for these violations was the absence of a normative act regulating the procedure for organizing and financing the process of their training. However, the check showed that up to now the necessary legal act has not been adopted by the ministries and the violations of the law have not been eliminated. There was no training for minors in pre-trial detention centers in the republics of Altai and Karelia, Perm Territory, Belgorod, Vladimir, Kirov, Kursk, Novgorod and other regions.
The foregoing testifies to improper implementation by officials of educational authorities, incl. and the Ministry of Education and Science of the Russian Federation, functions for the development of state policy and legal regulation in the field of education, upbringing, social support and protection of students of educational institutions entrusted to it by the Regulation approved by the Government of the Russian Federation of 15.06.2004 No. 280.
Based on the above, guided by art. 24 of the Federal Law "On the Prosecutor's Office of the Russian Federation",

I OFFER:

  1. Within the limits of their powers, take measures to eliminate the revealed violations of the law and to actually improve the conditions for citizens to receive basic general education.
  2. Develop and establish, together with the Ministry of Justice of the Russian Federation, a procedure for organizing training for minors held in custody in pre-trial detention centers.
  3. Develop, together with the Ministry of Internal Affairs of Russia, a procedure for organizing training for adolescents in temporary detention centers for juvenile offenders.
I ask you to inform the General Prosecutor's Office about the measures taken.

Deputy Prosecutor General
Russian Federation
S. N. Fridinsky


Thematic reviews of judicial practice in disputes in the field of education for 2013-2014

Overview 10. Safe Learning Environment


This review presents the decisions of the courts of general jurisdiction of a number of constituent entities of the Russian Federation on issues related to ensuring safe learning conditions, in particular, physical, fire, anti-terrorist security of educational organizations.

The general rule is to impose on the educational organization the obligation to ensure the installation, and on the property owner to finance the installation of fencing, video surveillance systems, panic buttons, and fire safety systems. Let's consider some cases.


By the appeal ruling of the Volgograd Regional Court dated May 15, 2014 in case N 33-4986 / 2014 s ud ordered the city administration to establish a perimeter fence of the territory of the educational institution in order to ensure the safety of the educational process and counter terrorism. The court clarified that the obligation to bear the burden of maintaining the property of the school, which is in municipal ownership and transferred to it for operational management, including ensuring the restoration of the partially missing fencing of the school territory, rests with the owner of the social infrastructure object, the authority for the management and financial support of which assigned to the city administration.

The same conclusion was reached by the Supreme Court of the Republic of Dagestan, which in the Appellate ruling of June 26, 2014 in case No. 33-2040 imposed on the educational institution the obligation to equip the territory of the institution with a fence in the form of a fence around the entire perimeter of the kindergarten, and on the administration of the municipality - the obligation to finance these works if the allocated budget funds are insufficient. The court emphasized that the fulfillment of the requirements of regulatory legal acts to ensure technical strength and anti-terrorist security is the responsibility of not only educational institutions, but also local governments.


A similar decision, but with regard to the installation of anti-terrorist security systems of the school, was made by the Volgograd Regional Court, which in the Appeal ruling of May 21, 2014 in case No. 33-5202 / 2014 pointed out that the educational organization creates conditions that guarantee the protection and strengthening of the health of students, pupils. Responsibility for creating the necessary conditions for the work and rest of 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. Failure to comply with the requirements of the school leadership to ensure measures to counter terrorism poses a threat to the life and health of students, their safety, which is a violation of their constitutional rights. In the same timecompliance with the requirements for ensuring anti-terrorist security is the responsibility of not only educational institutions, but also the local government as a subject of anti-terrorist activity, providing funding for the institution. Consequently, the city administration is obliged to finance the equipment of the municipal school building with a television (video) surveillance system.


At the same time, there is uncertainty as to which measures relate to mandatory anti-terrorist protection and should be financed from budget funds, and which are not mandatory, as they are not specified directly at the level of the law.

So, for example, the Supreme Court of the Republic of Dagestan in the Appellate ruling of May 29, 2014 in case No. 33-1762 ordered the municipality to finance the costs of installing a fence around the perimeter of the public school. At the same time, the court did not recognize as legitimate the prosecution of an educational organization for failure to establish other anti-terrorist security measures not specified directly in the law. The court indicated that there were no grounds for imposing on the defendants the obligation to equip the school building with a television surveillance system of the premises and the adjacent territory, an alarm button, special turnstiles, arched metal detectors at the entrance, security guards and stationary posts. The installation of such systems is required only in cases stipulated by law, the mandatory installation of these systems in educational institutions is not provided for by law.

A similar decision was made by the Tver Regional Court, which in the Appellate ruling dated January 29, 2014 No. 33-285 came to the conclusion that the regulatory legal acts established the general obligations of educational organizations and their founders in the field of anti-terrorist security and did not provide for the obligation of the defendants to equip the organization carrying out educational activities with a certain technical security means - an alarm button with a centralized protection of the department of non-departmental security.


Unlike the two previous decisions, the courts in the examples below insist on attributing the function of installing a panic button and a video surveillance system to the responsibility of an educational organization.

Security company "Kontur" provides services in the field of school security in Moscow and the Moscow region. The main feature of the direction of work is:

  1. The flow of people, especially minors, children of primary school age.
  2. The constant movement of workers, students, teachers.
  3. Finding a building near highways, shops, centers, residential areas.

Common threats include:

  1. Public order disturbance.
  2. Hooliganism.
  3. Fire, ignition.
  4. Theft of material property of the school.
  5. Act of terrorism.

The main task of PSC employees, in contrast to carrying out service and other commercial enterprises, is to prevent the occurrence and development of such situations, to ensure the safety of children, employees of the educational institution.

Organization of school security

The provision of security to educational institutions is carried out through a number of measures:

  1. Organization, maintenance of checkpoints.
  2. Face control, preventing unauthorized people from entering the building.
  3. Patrolling the perimeter of the surrounding area.
  4. Installation of video surveillance systems.
  5. Installation of the "panic button".
  6. Maintenance, use of fire safety systems as needed.
  7. Installation of an automatic fire extinguishing system, smoke detectors.
  8. Providing protection for cultural, mass, sports events.
  9. Round the clock duty.
  10. Monitoring the situation using a computer.
  11. Fixing information about the visitors of the establishment.

The tasks of the guards at the post

The task of the personnel of the private security company is to provide protection to the school building, students, employees of the institution, to comply with the access control, to prevent foreign, dangerous objects, and suspicious persons from being in the room.

Complex of physical and technical security

For the competent provision of security services, the private security company uses physical and technical resources in a complex. Physical security of the organization "Kontur" - highly qualified specialists who have completed training and selection. Employees regularly attend seminars to improve their skills, cooperate with law enforcement agencies.

The technical base consists of:

  1. Video surveillance systems.
  2. Fire safety systems, automatic fire extinguishing systems, smoke detectors.
  3. Communication means.
  4. Personality recognition systems (for staff, teachers).

In the complex of supervision over the territory of the building, specialists control its adjacent territory (sports field, vehicle entrances).

Arrangements for the organization of protection

To protect the school, the employees of the private educational institution conduct a preliminary assessment of the situation of the institution, identify weaknesses, and especially the location. Based on the information received, a methodology for providing security is developed, the number of posts, necessary security guards, and technical equipment is calculated. An aspect of the activity is monitoring the situation, in particular the supervision of the movement of students during breaks, when leaving the walls of the building (school yard, pedestrian crossings nearby).

Taking into account the specifics of the educational institution, employees develop a series of training seminars. Maintaining public order in this age group is not an easy task. It is important to teach children to behave correctly in emergencies, accidents, fires.

Security licenses, admissions and permits

The "Kontur" includes a number of security organizations that have all 7 points (including for service firearms) in the License. Thus, we can provide services at sites of mass stay of citizens in accordance with the new instructions of the FSB, not only in Moscow and the Moscow region, but throughout the Russian Federation.

Clients of private security company "Kontur"

Thank you letters from our clients

Benefits of "Contour"

"Kontur" - "white" security organization

Pay attention to how we differ from "black" and "gray" PSCs:

All our security guards are licensed and have the right to use special equipment while on duty.

We work under a contract and do not require any prepayment for our services. Only postpay according to the contract.

For each facility, we assign (at no additional cost) a security chief who controls the work of our employees and visits the facility 3 times a week (as agreed with the customer).

Each employee of "Kontur" undergoes a polygraph test every 6 months. At the request of the customer, verification can be performed immediately and free of charge. Subject - conspiracy, theft, etc.

Full financial responsibility for all services provided. We are insured for 30 million rubles. If this is not enough, we can increase the limit to the amount requested by the customer.

Moreover:

Before setting up guards, we can preliminarily agree on the data of guards according to the requirements of customers

We have no force majeure: we provide a full cycle of services and provide the entire process. We have our own sewing production, a car park, a technical center, a gym and other conditions for the provision of a really high-quality service.

In case of dissatisfaction with the employee on the part of the customer, "Kontur" is ready to replace the guard within 3 hours. It's free. We do not ask unpleasant questions and are always ready to find a compromise.

Sample contract

Agreement No. ___
on the provision of services to ensure access control
in a general education organization

□□□□□□□□□ “__” _______ 201 □ d.

Limited Liability Company "Private security company" □□□□□□ "(hereinafter - the Contractor) represented by the director □□□ □□□ □□□ acting on the basis of the Charter and license No. □□□ issued by the Main Internal Affairs Directorate of the Ministry of Internal Affairs of the Russian Federation in the Sverdlovsk region from "□□" □□□□□□ 20 □□ g. (□□ No. □□□□□□□), on the one hand, the non-profit partnership "Parents' committee of secondary school No. □□□" (hereinafter referred to as the Customer) represented by the chairman □□□ □□□ □□□ acting on on the basis of the Charter, on the other hand, and the Municipal Budgetary Educational Institution "Secondary School of General Education No. □□□" (hereinafter - the Consumer) on the basis of a license (series □□ No. □□□□□□) registration number □□□ issued by ___________ for a period □□□, represented by the director □□□ □□□ □□□, acting on the basis of the Charter, from a third party, were concluded in accordance with the Civil Code of the Russian Federation, Federal Laws "On Education", "On Private Detective and Security activities in the Russian Federation "and" On the protection of consumer rights "this agreement on the following:

1. The Subject of the Agreement

1.1. The Contractor organizes, and the Customer pays for the provision of access control in the school building (hereinafter referred to as the object), in which the Consumer is located, the protection of the facility from the penetration of unauthorized persons, as well as video monitoring of the territory assigned to the school (hereinafter referred to as the territory).

1.2. The Contractor undertakes to provide the Consumer with services in accordance with the regime established in Appendix 1 to this Agreement.

1.3. The system of dislocation of checkpoints, video surveillance, access control in the facility are established by the Consumer, and provided by the Contractor in accordance with the scheme established in Appendix 2 to this Agreement.

2. Rights and Obligations of the parties

2.1. The rights and obligations of the Contractor:

2.1.1. The contractor is obliged:

2.1.1.1. To organize the access control at the facility, provide shift duty for its employees (security guards), at a time in the number of □□ people, from among those who have special training in protecting objects with a large crowd of people.

2.1.1.2. Monitor the health status of their employees taking over on duty at the facility for the presence of diseases and the state of alcohol or drug intoxication, and in cases of their detection - promptly ensure the replacement of this employee.

2.1.1.3. Provide access to the object:

a) students and school staff during the academic period specified in Appendix 1 to this agreement, as well as in certain periods established by separate written orders of the Consumer;

b) parents (legal representatives) upon presentation of an invitation by the class teacher of the student, or a representative of the administration of the Consumer and an identity document;

c) representatives of educational authorities, employees of law enforcement and other state or municipal bodies upon presentation of their service certificates;

d) representatives of third-party organizations if they have a pass signed by a representative of the Consumer's administration.

2.1.1.4. Maintain a register of outside visitors to the facility, which includes information about the visitor, the purpose and time of his visit.

2.1.1.5. Prevent the entry of oversized cargo into the facility and the removal of material assets belonging to the Consumer from it, without the presence of a corresponding pass signed by a representative of the Consumer's administration.

2.1.1.6. Do not allow unauthorized persons into the object, take measures to find out their identity, the purpose of their presence, and in case of suspicion or resistance, take measures to detain and call a police squad.

2.1.1.7. Carry out visual and video surveillance of the premises of the facility and the territory, and in case of observation of illegal actions or detection of persons whose behavior raises suspicions about their intentions to commit them, call a police squad.

2.1.1.8. Ensure the protection of law and order when the Consumer holds mass events for students in the facility or on the territory (ceremonial parties, parent meetings, discos, concerts, etc.).

2.1.1.10. Notify in writing the local department of licensing and permitting work of the Ministry of Internal Affairs of the Russian Federation about the opening of a checkpoint in the facility.

2.1.2. The contractor has the right:

2.1.2.1. Stop at the checkpoint of the facility, students or persons from among the visitors who are in a state of alcoholic or drug intoxication, calling in the first case representatives of the Consumer's administration, in the second - a police outfit.

2.1.2.2. Call a representative of the Administration of the Consumer in case of conflict situations between guards and students or visitors to resolve them.

2.2. Consumer rights and obligations:

2.2.1. The consumer is obliged:

2.2.1.1. To equip for the Contractor's employees a checkpoint at the main entrance of the facility with a floor-by-floor and outdoor video surveillance system, a telephone and a "panic button" associated with the nearest police station.

2.2.1.2. Organize control over the use of all auxiliary and emergency exits from the facility for the Contractor.

2.2.1.3. Establish a regime for bringing in and taking out material values ​​in the facility.

2.2.1.4. Notify in advance the Contractor about holding mass events for students and their parents in the facility or on the territory (solemn lines, parent meetings, discos, concerts, etc.).

2.2.2. The consumer has the right:

2.2.2.1. Monitor the work of the Contractor's employees and remove them from duty, notifying the Contractor about this, in cases where the latter are at the workplace in a state of alcoholic or drug intoxication, or in excess of official powers.

2.2.2.2. Change or supplement the video surveillance system in cases of identifying problem areas in the facility or on the territory.

2.3. Rights and obligations of the Customer:

2.3.1. The customer is obliged:

2.3.1.1. Timely pay for the services provided by the Contractor, in the amount specified in clause 4.1 of this agreement.

2.3.1.2. In the event of problems related to the lack of funds collected from the parents of students and necessary for the current payment for the services provided by the Contractor, promptly inform the Consumer about this.

2.3.2. The customer has the right:

2.3.2.1. Control the quality of the services provided by the Contractor.

2.3.2.2. In case of improper performance by the Contractor of its obligations under this agreement, upon agreement with the Consumer, initiate early termination of this agreement.

3. Procedure for accepting services

3.1. The services are considered to be rendered by the Contractor and accepted by the Consumer, provided that the Contractor submits a written report on the services performed in the form agreed by the parties and the parties sign an acceptance certificate.

3.2. The submission of the report and the signing of the acceptance certificate for the calendar month is carried out no more than 3 days after the end of the reporting period.

3.3. After the Consumer signs the acceptance certificate for the services, information about this is brought to the attention of the Customer and is the basis for paying for the services.

4. Contract price and settlement procedure

4.1. The price of the contract is □□□□□□ (□□□□□□) rubles per month and includes compensation for the costs of the Contractor and the remuneration due to him.

4.2. Payment by the Customer to the Contractor of the contract price is carried out by transferring funds to the account of the Contractor specified in the contract, within a period not exceeding 3 banking days from the date of acceptance of the services.

4.3. By agreement between the Contractor and the Customer, an advance payment of no more than □□% of the contract price is allowed.

4.4. In the event of a delay in payment for the services provided by the Contractor within the time frame specified in clause 4.2 of this agreement, the Customer shall pay a penalty for each day of delay in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

5. Duration of the contract and its early termination

5.1. The term for the performance of services is set by the parties with "□□" □□□□□□ 201 □ until “□□” □□□□□□ 201 □

5.2. After the expiration of the term, the contract will be renewed automatically for one year from the date of expiration each time, unless one of the parties notifies the other party in writing of the termination of the contract at least 3 days before the end of the current term of the contract.

5.3. Early termination of the contract occurs in the following cases:

5.3.1. Upon revocation of the Contractor's license for security activities.

5.3.2. At the initiative of the Customer or the Consumer in case of systematic default or improper performance by the Contractor of its obligations under this agreement.

5.3.3. At the initiative of the Contractor, in case of arrears in payment for services rendered for more than 3 months.

6. Responsibilities of the parties

6.1. The responsibility of the parties for non-fulfillment or improper fulfillment of contractual obligations is determined in accordance with the norms of the Civil legislation of the Russian Federation, which regulate the provision of paid services. If it is impossible to fulfill the obligation due to the circumstances for which the Contractor is responsible, the latter is not entitled to demand payment for the service, and if it has already been paid by the Customer, he is obliged to return the amount received from him and compensate for other losses.

6.2. The Contractor bears civil liability for harm caused to school students by unauthorized persons who entered the protected facility as a result of improper performance by the Contractor of obligations assumed under the contract.

6.3. The Contractor is financially liable for damage caused to the Consumer through the fault of the employees guarding the facility, as a result of non-fulfillment or improper fulfillment by the Contractor of his obligations under this agreement in accordance with the current legislation of the Russian Federation:

- for damage caused by the theft of inventory items committed by breaking into constipations, locks, doors, windows, fences at the facility or by other means, as a result of improper fulfillment by the Contractor of the obligations assumed under the contract;

- for damage caused by the destruction or damage to property (including by arson) by unauthorized persons who entered the protected facility as a result of improper performance by the Contractor of the obligations assumed under the contract.

6.4. If the Consumer has a statement about the damage caused, the responsible representatives of the Contractor are obliged to participate in determining the amount of this damage. The amount of damage must be confirmed by the relevant documents, materials of the investigating authorities and the court, a calculation of the cost of damaged, destroyed or stolen material values, drawn up with the participation of the Contractor.

6.5. The facts of theft, destruction or damage to property by unauthorized persons who entered the protected facility, or destruction or damage to property due to a fire or due to other reasons that occurred through the fault of the employees who guard the facility, are established in the manner determined by the current legislation.

Compensation for the damage caused is made by the Contractor upon the presentation by the Consumer of a resolution of the bodies of inquiry, investigation or a court verdict that established the guilt of the workers who guard the object.

6.6. The Contractor is not responsible for:

  • for property damage resulting from the consumer's failure to fulfill the obligations assumed in accordance with the terms of this agreement;
  • for property damage caused by natural disasters and accidents in the networks of public services;
  • for property damage caused by students and school staff who are on the premises of the facility during the academic period.

6.7. The parties are released from liability and from full or partial fulfillment of their obligations under this agreement in the event of generally accepted force majeure circumstances, as well as other events that are beyond the reasonable control of the parties and prevent the parties from fulfilling their obligations.

7. Procedure for resolving disputes

7.1. Disputes between the parties that may arise during the execution of the contract will, if possible, be resolved through negotiations, which are carried out upon written notification of either of the parties within three days and are drawn up in a protocol. The parties have no right to evade negotiations.

7.2. If it is impossible to resolve disputes through negotiations within one month, the parties have the right to apply to the arbitration court.

8. Specific conditions and final clauses

8.1. In the event of the commencement of the procedure for canceling the license for security activities, the Contractor undertakes to immediately notify the Customer and the Consumer about this.

8.2. The agreement is drawn up in 3 (three) copies, one of which is kept by each of the parties.

9. Signatures and details of the parties

Contractor Customer Consumer

Attachment 1
to the contract No. □□
from "□□" □□□□□□ 201 □ g.

Checkpoint mode
in MBOU "Secondary school № □□□"

1. Security of the facility and video surveillance of the territory is carried out by the Contractor around the clock, every day, starting from 00 hours "□□" □□□□□□ 201 □ until 24 hours “□□” □□□□□□ 201 □

2. The access control regime of entry-exit of students and school personnel is carried out during the period:

  • Monday - Friday - from 07:00 up to 21 hours 00 min.
  • Saturday - from 07:00 up to 17 hours 00 min.
  • during periods beyond the above time frames, the admission to the facility is carried out on the basis of a written permission (pass) signed by a representative of the Consumer's administration.

3. On vacation days, the access control regime of entry and exit of students and school personnel is established by the order of the Consumer, which is brought to the notice of the Contractor in advance.

Appendix 2
to the contract No. □□
from "□□" □□□□□□ 201 □ g.

Scheme
installation of a checkpoint and video surveillance parameters

This appendix to the contract shows the floor plan of the school building and the plan of the territory assigned to the school, indicating the location of the checkpoint, emergency and technical exits and the location of the CCTV cameras and their coverage area.