Article 14. Language of education

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• law dated 08/01/2020
• entered into force on 30.12.2012

Art. 14 Education Act in the latest valid version dated August 14, 2018.

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V Russian Federation guaranteed education in the state language of the Russian Federation, as well as the choice of the language of instruction and upbringing within the possibilities provided by the education system.

In educational institutions, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and studying the state language of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards, educational standards.

In state and municipal educational organizations located on the territory of the Republic of the Russian Federation, teaching and learning of the state languages ​​of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and studying the state languages ​​of the republics of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards, educational standards. Teaching and studying the state languages ​​of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.

Citizens of the Russian Federation have the right to receive preschool, primary general and basic general education at native language from among the languages ​​of the peoples of the Russian Federation, as well as the right to study the native language from among the languages ​​of the peoples of the Russian Federation, including Russian as the native language, within the possibilities provided by the education system, in the manner established by the legislation on education. The implementation of these rights is ensured by the creation of the required number of relevant educational organizations, classes, groups, as well as conditions for their functioning. Teaching and learning a native language from among the languages ​​of the peoples of the Russian Federation, including Russian as a native language, within the framework of educational programs with state accreditation, are carried out in accordance with federal state educational standards, educational standards.

Education can be obtained at foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.

The language, languages ​​of education are determined by local regulations of the organization that carries out educational activities for the implemented by it educational programs, in accordance with the legislation of the Russian Federation. The free choice of the language of education, the native language being studied from among the languages ​​of the peoples of the Russian Federation, including Russian as the native language, the state languages ​​of the republics of the Russian Federation, is carried out at the request of the parents (legal representatives) of minor students upon admission (transfer) to study in educational programs preschool education, having state accreditation of educational programs of primary general and basic general education.

the federal law- About education in the Russian Federation

Article 14. Language of education

1. In the Russian Federation, education in the state language of the Russian Federation is guaranteed, as well as the choice of the language of instruction and upbringing within the limits of the possibilities provided by the education system.
2. In educational institutions, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and studying the state language of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards, educational standards.
3. In state and municipal educational organizations located on the territory of the Republic of the Russian Federation, teaching and learning of the state languages ​​of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and studying the state languages ​​of the republics of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards, educational standards. Teaching and studying the state languages ​​of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.
4. Citizens of the Russian Federation have the right to receive preschool, primary general and basic general education in their native language from among the languages ​​of the peoples of the Russian Federation, as well as the right to study their native language from among the languages ​​of the peoples of the Russian Federation within the possibilities provided by the education system, in the manner prescribed legislation on education. The implementation of these rights is ensured by the creation of the required number of relevant educational organizations, classes, groups, as well as conditions for their functioning. Teaching and studying the native language from among the languages ​​of the peoples of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal state educational standards, educational standards.
5. Education can be obtained in a foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.

6. The language and languages ​​of education are determined by local regulations of the organization that carries out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation.

Candidate of Legal Sciences, Associate Professor of the Department state law Russian State Pedagogical University named after A.I. Herzen

Annotation:

The article deals with the issues of legislative registration of the right to receive education in the native language in the Russian Federation.

Keywords:

law, mother tongue, right to education.

The issue of state guarantees of education in the native language for Russia, as a multinational state, is very significant. Schools where teaching was conducted in the national (native) language appeared in Russia in the 18th century. In 1918 they became known as national schools. After the 40s of the last century, the entire elementary block in such schools was taught in their native language, the middle block was taught on a bilingual basis, and the senior block was taught in Russian. The decree of the People's Commissariat for Education "On schools of national minorities" (October 31, 1918) determined the basic principle - the right of all peoples to organize education in their native language. This extended both to a single labor school at all levels and to higher educational institutions of the country. In the Soviet Union, the Russian language was considered as the language of interethnic communication and did not have the status of a state language.

The language of education is an important element of educational activity, as well as an element of public policy taking into account the multinational composition of the country's population. In addition, international legal standards require the exercise of the right to use the native language. V modern world discrimination against national, ethnic, religious and linguistic minorities is considered as a manifestation of intolerance on a par with acts of violence, terrorism, xenophobia, aggressive nationalism, racism, anti-Semitism, exclusion, marginalization, discrimination against refugees, migrant workers, immigrants and socially least protected groups in societies. The positive experience of exercising the right to receive basic general education in the native language in the Russian Federation is also important for the further development of cooperation in this area within the framework of the CIS.

Education is a key area that is directly related to the development and functioning of the language. One of the guarantees of the right to use the native language is the opportunity to receive education in the native language, because without the opportunity to learn the native language, there is no need for future generations to use it outside the spheres of interpersonal unofficial communication. Teaching in the native language is directly related to the forms of exercising the right to use the native language. Although, of course, the implementation given right should not adversely affect the study of the state language. As rightly noted by D.A. Pashentsev, "a false understanding of human rights, bordering on their elevation to absolute, inevitably turns into a violation of these very rights."

The state policy of Russia in relation to small peoples has been paternalistic in nature for centuries, and only since the end of the 80s. a turn began to involve the representatives of these peoples themselves in the process of self-government and self-development, and the principle of dialogue was proclaimed. In the late 80s. of the last century in the USSR there was a powerful surge in the development of language legislation aimed at guaranteeing the right to use the native language. A kind of "codification" of this block of legislation was the USSR law of April 24, 1990 "On the languages ​​of the peoples of the USSR", which dealt with the creation of preschool and secondary educational institutions with education and training in the languages ​​of the peoples of the USSR, organization of classes in various types of educational institutions , groups, learning streams in the native language.

At present, recognizing and guaranteeing its citizens the right to preserve and develop their original culture and national (native) language, the right to freely choose the language of communication, education, training and creativity, the Russian Federation creates real preconditions for building a legal state.

On March 1, 1998, the European Charter for Regional or Minority Languages ​​entered into force (adopted in Strasbourg on November 5, 1992). Recognizing regional and minority languages ​​as a means of expressing the cultural heritage of peoples, the Charter sets out a number of obligations for states to develop regional or minority languages ​​in order to preserve these languages. The first article of the Charter sets out two definitions of the concepts of “regional and minority languages”. Such languages ​​are the languages ​​that are traditionally used in a given territory of the state, representing a group numerically smaller than the rest of the population of the state. Regional languages ​​do not include dialects of the state language (s) or the languages ​​of migrants.

Article 8 of the Charter deals with the obligations of the parties in relation to education. The Parties shall provide for the possibility of pre-school and primary education, or a substantial part of it, in the respective regional or minority languages, and ensure that in the framework of primary education, the study of the relevant regional or minority languages ​​is included in the curriculum as an integral part of the curriculum. The same responsibilities are put forward by the Charter in relation to secondary, vocational and university education. Measures to ensure these opportunities should be applied at least to students from families who wish to do so and whose number is considered sufficient. The article also talks about the need to organize courses for the study of regional or minority languages ​​for adults, as well as the need to provide initial and continuous professional training for teachers of these languages. It was especially noted that in the field of education, the obligations of the parties are carried out taking into account the status of each of these languages, as well as without prejudice to the teaching of the official language or languages ​​of the state.

Russia joined the Charter and assumed certain obligations, but did not ratify it. Problems with the ratification of the Charter for Russia are associated with the need for a wide public comment this question; financial support (in accordance with the Charter, not only the federal budget, but also the budgets of the constituent entities of the Russian Federation and local authorities should be involved); the need to identify at least 160 regional languages ​​and languages ​​of national minorities. These are very difficult commitments. There is no such variety of language groups in any European country (in Russia there are more than 230 languages). Ratification of the Charter by Russia will require from it an unprecedented level of responsibility and, not in last, huge economic costs.

In the Framework Convention for the Protection of National Minorities (adopted on 01.02.1995), ratified by Russia on 21.08.1998, Article 14 states that the parties undertake to recognize for any person belonging to a national minority the right to learn the language of their minority. This is linked to areas of traditional minority residence, their size, expressed need, the potential of educational systems and the inadmissibility of prejudice to learning or teaching in the official language.

The provisions on the right to the native language, its use are enshrined in the Constitution of the Russian Federation (part 2 of article 19, part 2 of article 26, part 2 of article 29, article 68). The state language of the Russian Federation throughout its territory in accordance with Article 68 of the Constitution is Russian. The republics within the country have the right to establish their own state languages. So, representatives of almost 40 nationalities live in Dagestan, there are 14 official languages. Teaching in schools is conducted in 14 languages, primary school - in the native language, further training is in progress in Russian .

The 1996 Law of the Russian Federation "On National and Cultural Autonomy" provides a number of rights in the educational sphere. In accordance with this law, non-state preschool, general education, and higher educational institutions with instruction in their native language can be formed. Proposals for the creation of classes, study groups in state, municipal educational institutions with instruction in the native language, or with in-depth study of the native language, history and culture, on the basis of this law, can be submitted to federal authorities and administrations, state bodies of constituent entities of the Russian Federation, local authorities. self-government. Unfortunately, in reality, there are practically no mechanisms allowing persons belonging to special ethnic groups, to receive education in their native language within the framework of national and cultural autonomy.

The Law of the Russian Federation "On the languages ​​of the peoples of the Russian Federation" dated October 25, 1991, No. 1807-1 with amendments dated July 2, 2013 guarantees the right to receive basic general education in the native language and the choice of the language of instruction within the possible educational system, as well as taking into account the fact that the right to choose an educational institution with one or another language of upbringing and education belongs to parents or persons replacing them; the language in which upbringing and teaching in an educational institution is conducted is determined by the founder and (or) the charter of the educational institution. But Russian as the state language of Russia is studied without fail in accordance with state educational standards.

Federal Law "On Education in the Russian Federation" dated December 29, 2012 No. 273-FZ in part 2 of article 5; Part 1, 3, 4 of Article 14, as before, secures the guarantees of obtaining education in the state language of the Russian Federation. In addition, the right of citizens to choose the language of upbringing and education is preserved to the extent that the education system allows it. In accordance with the Constitution of the Russian Federation, Federal Law of 01.06. 2005 № 53-ФЗ "On the state language of the Russian Federation" the state language of the Russian Federation throughout its territory is Russian. Accordingly, educational programs of various levels and focus are carried out in accordance with state standards... The federal structure of the country grants autonomy to the national republics in terms of resolving the issue of studying and teaching on the territory of the republic the state language of the republic, i.e. national language. At the same time, a balance of federal and national interests must be observed. Therefore, the study of the national language should not be carried out to the detriment of the state language of the Russian Federation, i.e. Russian language.

As before, citizens retain the right to choose to receive preschool, primary general and basic general education in their native language, which corresponds to the provisions of Article 10 of the Federal Law of 17.07.1996, No. 74-FZ "On National and Cultural Autonomy". The choice of an upbringing and educational organization with one or another language of upbringing and teaching children belongs to the parents and the persons replacing them. The degree of realization of this right is made dependent on the capabilities of the education system (including the availability of locality educational organization teaching in the native language). In the absence of such an educational organization, it can be created subject to the organizational conditions (the presence of teachers of the native language, educational literature in the native language, the number of those wishing to study, etc.)

Part 5 of Article 18 of the Law "On Education in the Russian Federation" states that the Federal list of textbooks recommended for use includes, getting education in the native language.

The language (languages) for the implementation of educational programs are determined directly by the educational organization and are enshrined in local regulatory legal acts, taking into account the requirements of the current educational legislation.

The right to a mother tongue within the meaning of the legislation includes: the right to preserve one's own language (free oral and written use); creation, with the assistance of the state, of its own written language in the native language; the right to study the native language (educational institutions in the native language); the right to develop one's native language (publishing books, mass media in one's native language, etc.) On this basis, as V.A. Kryazhkov, it can be concluded that the right of peoples to their native language, its preservation and development is a matter that is in the area of ​​responsibility of both the ethnic communities themselves and the state. The choice of any language as a native language should not become a reason for discrimination against a person on this basis (part 2 of Article 19 of the Constitution of the Russian Federation). The state does not have the right to impose bans on the use of the native language.

In modern Russian schools, 89 languages ​​are studied out of more than 239 languages ​​and dialects. Of these, 39 are undergoing training. In Russia, the majority of schools with a mother tongue are in Tatarstan, Bashkortostan, Yakutia, and Tuva. The number of schools that teach in the mother tongue is constantly growing, and mainly due to the growth of such schools in cities. To develop methods of teaching Russian and native (national) languages ​​in schools with instruction in the native language in the USSR, the Research Institute of National Schools was created in 1948, later reformed into the Center for National Education Problems at the Federal Institute for Education Development (FIRO). In this regard, the historical experience of the A.I. Herzen, where the department of national minorities in the 20-30s of the twentieth century trained teachers for Finnish, Estonian, Latvian schools. Currently, the university is training teachers for schools of the peoples of the North. In the Leningrad region, along with the study of the Finnish language, in primary school the Vepsian language is studied as a subject.

Currently, in the implementation of the right to receive basic general education in their native language, there are problems associated with the fact that the socialization of a child in cities is, as a rule, in the sphere of the Russian language, the need for the native language decreases, there is an unwillingness to learn the native language (but does not mean that with the change of language there is a change in national identity). Affected by the lack of modern textbooks of the native language, teaching staff - teachers of the native language, insufficient funding. Nevertheless, federal legislation in the field of the rights of citizens to a free choice of the language of instruction is generally in line with the international obligations assumed by the Russian Federation and creates an appropriate legal basis for the implementation of this right. Preservation national languages, the protection of the linguistic rights of individuals and peoples is one of the priority directions of the state policy of the Russian Federation, like any other democratic state.

Literature:

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Galushkin A.A. Organizational and legal basis of regulation legal status Russian citizens in the national legislation of the CIS countries // Legal initiative. 2013. No. 3.
Galushkin A.A. Organization of normative regulation of citizenship issues in bilateral treaties of the Russian Federation and multilateral treaties of the CIS // Legal Initiative. 2013. No. 2.
Galushkin A.A. Obtaining education in the Russian Federation as a basis for obtaining citizenship of the Russian Federation in a simplified manner // Bulletin of the Peoples' Friendship University of Russia. Series: Legal Sciences. 2012. No. 4.
Dorskaya A.A. International legal aspects of the formation of teachers' tolerance // Universum: Bulletin of Herzen University. 2010. No. 1.
Dorskaya A.A. "International legal standards and Russian legislation on the right to preserve language and culture (on the example of the indigenous peoples of the North). International legal mechanisms for the protection of human rights ”. Collection of scientific articles dedicated to the 60th anniversary of the Universal Declaration of Human Rights // SPb., 2008.
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Citizens of the Russian Federation have the right to receive basic general education in their native language, as well as to choose the language of instruction within the limits of the possibilities provided by the education system.

The right of citizens to receive education in their native language is ensured by the creation of the required number of relevant educational institutions, classes, groups, as well as conditions for their functioning.

The language (languages) in which teaching and upbringing is conducted in an educational institution is determined by the founder (s) of the educational institution and (or) the charter of the educational institution.

The state, in accordance with international treaties of the Russian Federation, provides assistance to representatives of the peoples of the Russian Federation living outside its territory in obtaining basic general education in their native language.

In all with state accreditation educational institutions, with the exception of preschool, the study of the Russian language as the state language of the Russian Federation is regulated by federal state educational standards.

The issues of studying the state languages ​​of the republics within the Russian Federation are regulated by the legislation of these republics.

(Law "On Education" - Art. 6)

Mother tongue is your soul, your world,

your ray,

Love him for being powerful.

Your tongue is a shield, your communication

Do not let him be neglected

City of PURGA

In accordance with part of Article 14 of the Federal Law of December 29, 2012 No. No. 273-FZ "On Education in the Russian Federation" in MBOU "Secondary School No. 1" developed the Regulation establishing the language of the municipal budgetary educational institution and defines the languages ​​of education in MBOU "Secondary School No. 1" and was developed in accordance with part of Article 14 of the Federal Law of December 29, 2012. No. 273-FZ "On Education in the Russian Federation"

In MBOU "Secondary School No. 1" educational activities are carried out in Russian, unless otherwise provided by these Regulations. Teaching and learning of the Russian language is carried out in the course of educational activities in accordance with federal state educational standards.

The school is studying native languages ​​and literatures in accordance with the curriculum number 2.

The right to receive primary general and basic general education in the native language from among the languages ​​of the peoples of the Russian Federation, as well as the right to study the native language from among the languages ​​of the peoples of the Russian Federation, is exercised within the limits of the possibilities provided by the education system, in the manner established by the legislation on education.

The purpose of the language selection order is:

-providing guarantees for the preservation, study and development of the native languages ​​of the peoples of the Russian Federation living in the Republic of Dagestan;

- implementation of the constitutional right to publicly and free of charge preschool, primary general, basic general education in native languages;

- creating conditions for expanding the scope and optimal functioning of native languages;

- ensuring interethnic harmony.

I.The procedure for choosing a language is based on legislation:

Constitution of the Russian Federation

Article 26.

1. Everyone has the right to determine and indicate his nationality. No one can be forced to determine and indicate their nationality.

2. Everyone has right to use the native language, to freely choose the language of communication, education, learning and creativity.

Federal Law of December 29, 2012 N273FZ

"On education in the Russian Federation"

Article 5.The right to education. State guarantees for the implementation of the right to education in the Russian Federation

1. In the Russian Federation, the right of every person to education is guaranteed.

2. The right to education in the Russian Federation is guaranteed regardless of gender, race, nationality, language, origin, property, social and official status, place of residence, attitude to religion, beliefs, membership in public associations, and other circumstances.

Article 14.The language of education.

1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as choice of language of instruction and upbringing within the possibilities provided by the education system.

2. In state and municipal educational organizations located on the territory of the Republic of the Russian Federation, teaching and learning of the state languages ​​of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and studying the state languages ​​of the republics of the Russian Federation within the framework of educational programs with state accreditation are carried out in accordance with federal and state educational standards, educational standards ”.

3. Citizens of the Russian Federation have the right to receive preschool, primary general and basic general education in a folk language from among the languages ​​of the peoples of the Russian Federation, as well as the right to study their native language from among the languages ​​of the peoples of the Russian Federation within the possibilities provided by the education system, in the manner prescribed by law about education. The implementation of these rights is ensured by the creation of the required number of relevant educational organizations, classes, groups, as well as conditions for their functioning. "

4. Language, languages ​​of education are determined by local regulations of the organization, carrying out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation.

"On the languages ​​of the peoples of the Russian Federation

Article 2.State guarantees of the equality of the languages ​​of the peoples of the Russian Federation.

1. Equality of languages ​​of the peoples of the Russian Federation, the totality of the rights of peoples and individuals to preserve and comprehensively develop their native language, freedom of choice and use of the language of communication.

2. The Russian Federation guarantees to all its peoples, regardless of their number, equal rights to the preservation and comprehensive development of their native language, freedom of choice and use of the language of communication.

3. The Russian Federation guarantees everyone the right to use their native language, free choice of language communication, education, training and creativity, regardless of its origin, social and property status, race and nationality, gender, education, attitude to religion and place of residence.

4. The equality of the languages ​​of the peoples of the Russian Federation is protected by law. No one has the right to establish restrictions or privileges when using a particular language.

Article 6.The competence of the Russian Federation in the field of protection, study

and the use of languages ​​of the peoples of the Russian Federation.

The jurisdiction of the Russian Federation, represented by the supreme bodies of state power of the Republic in the sphere of protection and use of the languages ​​of the peoples of the Russian Federation, shall be subject to:

Assistance in the development of the state languages ​​of the republics.

Article 9.The right to choose the language of education.

1. Citizens of the Russian Federation have the right to freely choose the language of education

Article 10.Teaching and studying the languages ​​of the peoples of the Russian

Federation.

1. The state provides citizens of the Russian Federation conditions for teaching and learning the languages ​​of the peoples of the Russian Federation in accordance with the legislation on education.

Constitution of the Republic of Dagestan

Article 10.... The state language in the Republic of Dagestan is Russian.

Article 19.p. 2. Everyone has the right to use their native language, to freely choose the language of communication, education, training and creativity.

II. Language selection procedure.

1. Preliminary stage.

Parents' meetings are held annually in April-May, during which issues are considered to determine the language of instruction and the language of study for the next academic year. Information about the date and time of the parent meeting, as well as questions for consideration, including the choice of the language of instruction and the language of study, is brought to the attention of parents (legal representatives), in advance and posted on the website educational institution... A coordinator from the administration who is responsible for organizing this work in the educational institution (hereinafter referred to as the coordinator) is appointed by the director of the general education organization.

2. The main stage.

2.1. Parents (legal representatives) of students, a coordinator, class teachers, teachers who teach native languages ​​are present at school-wide and class parent meetings. Parents (legal representatives) of students during class and general school parenting meetings are informed about the right to choose the language of instruction and the language of study on the basis of the above normative documents with the entry of this issue into the minutes of the parent meeting. The protocol data for each class should correspond to the number and content of the parents' personal statements.

It is recommended to hold a parent meeting according to the following approximate plan:

1) introductory speech by the head of the educational institution;

2) introduction of teachers who will teach native languages;

3) presentation of the content of the subject (purpose, objectives, value benchmarks, extracurricular activities - briefly);

4) answers to questions from parents (legal representatives);

5) filling out by parents (legal representatives) of students of personal applications (sample application - Appendix No. 2);

6) collection of applications completed by parents (legal representatives).

In the absence of the parents of some students, the class teachers privately should carry out work to inform them about the issues discussed at the meeting and fill out an application, about which to additionally make an entry in the minutes of parent meetings.

3. The final stage.

Summing up the results of meetings, sending information about their results, choosing the language of instruction, studying to the educational authorities. Based on the results of the meetings, the educational organization preserves the statements of the parents, the minutes of parent meetings, the original summary information signed by the class teachers and the school director, which are stored in the educational institution for 5 years. In exceptional cases, it is allowed to change the choice of parents (legal representatives) after summing up the results of parenting meetings and sending information to the educational authority. In this case, the parents (legal representatives) of the students must apply to the head of the educational institution with a written application. The decision to satisfy such an application is made by the head of the educational organization in agreement with the subject teacher.

The work carried out ensures the implementationthe rights of citizens to a free, voluntary, informed choice of the language of instruction, as well as the choice of their native language for study.

Appendix # 2