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Category: History

Legal status of the teacher in historical aspect



t. I. Eremina,

associate professor of civil law

The LEGAL STATUS of the TEACHER IN HISTORICAL ASPECT

In the first quarter of the 19th century the social status of the teacher was ordered. In the 20th of the 19th century he took the place in "Tables of ranks". According to the legislation (first of all is a Charter about service by definition from the government) the teachers of elementary and high school of the state educational institutions belonged to the category of the public servants having the right for ranks, awards, a state salary, pensions. The rank granted the right to the teacher to a position and also provided a number of the rights and privileges.

The person interested to come to civil service appealed to that place where he intended to be defined. The request was satisfied in a certain form on stamped paper addressed to the emperor.

At the accession to service each person was sworn in in strictly certain form: oath of allegiance of service was made in department in the place of future service at first verbally, then by signing of printed jury page. Jury sheets with signatures of the persons who took the oath were brought to the Ruling Senate, since 1908 were stored on places in the relevant institutions.

The law of November 26, 1870 provided release

rural teachers from execution of natural duties for a while sluzh-

as the rural teacher. In May, 1900 the rural teachers were exempted from all personal duties for all the time of service in a position. At the same time, personal release from execution of monetary taxes was not extended to members of teacher's families.

Receiving department of the Ministry of national education of a rank by teachers of initial national schools "personal

the honourable citizen" for execution by them "blameless" within 12 years of duties of rural teachers lifelong release from a podatny state automatically involved.

The exception of a podatny condition of natives of the peasants and petty bourgeoises who arrived on public service on a teaching department on the basis of the education got by them or passing special examinations on a teacher's rank was enshrined in the Charter about civil service and the Charter about taxes.

For the teachers who left podatny estate, the service in government educational institutions caused, in addition, the following rights and advantages: release from corporal

punishments, right to permanent passports; release from performance of duties of jurors zasedateley1.

Despite existence of a certain complex of the rights and privileges the position of elementary school teachers was often limited to the numerous circular orders of the same Ministry of national education and other power structures paralyzing even those rights which were granted to teachers. Real implementation of the rights granted by the law to the teacher often depended on an arbitrariness of the power and the direct educational administration.

House coaches and teachers as well as teachers of the state educational institutions, were considered on active service of the Ministry of national education and recited oath of allegiance to the service. Consisting in podatny estates if desired could pass test (examination) on a rank of the house teacher and on this basis had to receive discharge from society (for example, from rural community), i.e. to leave a podatny state.

At the beginning of the 70th of the 19th century rural teachers — graduates of teacher's educational institutions were exempted from a rekrutsky duty for all the time of stay them as teachers of national schools. In 1877 the called privilege was extended in general to all rural teachers, regardless of their educational level.

According to the Charter about a compulsory military service all teachers were exempted from active duty in peace time and enlisted in a stock with the obligation to serve not less as the teacher

5 let2. Within these five years of the teacher had to present annually to the corresponding military presence the certificate from directors of schools of representation of inspectors of these schools confirming the fact of their teacher's service.

Called up for active duty from state

civil service reserved the contents appropriated to them. According to this norm of the teacher with the rights of public service reserved a teacher's position, the corresponding content and apartments at school.

In 1910. By the decree of the Senate "About Release from Conscription of National Teachers" it was explained that in peace time from an appeal only those teachers of national schools who held teacher's positions by right, i.e. the teachers having the certificate on a rank initial national uchilishch3 have the right for release to active duty. This privilege extended only to the persons teaching the objects determined by charters of these educational institutions in government educational institutions. Therefore singing teacher, drawing in initial schools, not provided by the staff list of data of educational institutions, had no right for this privilege.

Since December 1, 1912 the Law of June 23, 1912 "About change of the Charter about the soldier - was enacted

a sky duty" in which for teachers of all educational institutions which were contained at the expense of treasury, the cities, societies, zemstvoes, estates or individuals and equated to government educational institutions, the term of active service was reduced to 2 years provided that all listed persons (except enlisted in an officer stock) served teachers not less than 5 years. In this five-year time the pedagogical activity taking place and before revenues to military service was set off. The persons which did not reach an officer rank after two-year military service were enlisted

in a stock for 16 years.

In the form of a temporary measure for 5 years from the date of enforcement of the specified law for the persons who graduated higher educational institutions or the teacher's institutes, seminaries

schools, etc. and working in educational institutions not below two-great initial schools, the term of active duty was reduced to one year.

The law was repealed on June 23, 1912 in connection with World War I. From the beginning of war only the pedagogical personnel of average educational institutions were subject to release from a conscription. Elementary school teachers were called up for field army.

After coming to power Temporary

the governments as a result of coordination

On March 16, 1917 the Ministry of Defence expressed consent to granting delays to teachers of the highest, average and lowest educational institutions of all categories military обязанных4.

by

On the basis of §31 of the Charter of gymnasiums and pro-gymnasiums of department of the Ministry of national education from a tuition fee in gymnasiums and pro-gymnasiums exempted sons of the persons serving in average and lowest schools of the specified department and serving service any more, but which served in them not less than 10 years. The last category of persons was obliged to submit at the same time the certificate about bednosti5.

In female gymnasiums and pro-gymnasiums only the persons who are in the service in these institutions or served in them not less than 10 years had the right of free training of daughters and from the last submission of the certificate on poverty was required. Could not use the specified right serving in men's educational institutions and in female institutions of other type.

In compliance with the law on June 25, 1912 on the highest initial schools of the teacher of the specified educational institutions also had the right of free training of the children in government men's and women's average educational institutions. This right extended also to teachers of the specified schools, from koto-

ry confirmation of their low level of income was not required.

On the basis of the Law on May 10, 1912. "About improvement of financial position serving in average general education

men's educational institutions and district inspectors" children of employees and also the persons which served not less than 10 years in men's gymnasiums, pro-gymnasiums on uchebno-vospi-

a tatelny part, were exempted from a payment for the doctrine in government men's and state female averages educational zavedeniyakh6.

The right of free training of the children was granted to all fulfilling official duties in educational institutions of department of the Ministry of national education. Therefore the specified privilege extended also to teachers of initial national schools, teachers of gymnastics and singing at gymnasiums and pro-gymnasiums which the law were not allocated with the right of public service. Teachers of territorial schools were balanced in the rights for preferential training of children in educational institutions of the Ministry of national education with teachers of government schools. It should be noted that, stay in public service in educational institutions of the Russian Empire caused for foreign citizens a possibility of training of the children at public expense.

The provided social benefit on exemption from a tuition fee of children of teachers gave the chance to children of rural teachers to study in provincial educational institutions, to get a good education and on its basis to get chances of career development in public service.

In the subsequent the circle of people working in the state system of training to which the privilege of free training of the children was provided extended. In 190 9 g the Ministry of national education under the agreement with the State control recognized as possible to include

district inspectors in the number of the faces having the right for free training of sons in men's gymnasiums, pro-gymnasiums and real schools. In 1910 the directors of national schools were included in number of the persons having the right for free training

sons in averages men's educational zavedeniyakh7.

Expanding a circle of people from the specified privilege from among civil servants of educational institutions, the Ministry of national education, at the same time, deprives of this privilege of employees "on hiring". The persons who are teaching in average men's and women's educational institutions on the terms of free hiring, not holding an established post were defined by the relation of the Ministry of national education of January 13, 1914 as the persons who do not have the right for release of the children from a tuition fee in the specified institutions. It should be noted what a privilege for free training of the children in average educational institutions did not extend also to professors of the universities. Nevertheless children of professors, privatdozents and all regular employees at the university were exempted from a payment for studying a university course. The ministry of national education allowed Councils of the universities to provide the specified privilege over the established percentage norm and from - struck it in the corresponding additions in rules for students.

For social support of teachers

were organized ssudo-

savings banks in which teachers could obtain interest-free loans. In 1901 there were 106 teacher's ssudo-

savings kass8.

Teachers of initial rural schools were provided with office housing — the apartment or lodging money, necessary for this purpose. As a rule, it were apartments at school which were supplied top

a bodice, lighting and even servants for housekeeping. In the period of board of Provisional government when developing by the State committee on national education of Provisional regulations for initial schools by the corresponding paragraph of this provision it was defined that elementary school teacher are provided "with the apartment not below the established norm or in case of absence that the room money corresponding to local conditions" 9. Thus, the Provisional government kept continuity in preservation and definition of the specified social benefit for teachers

elementary rural schools, promoting thereby attraction of necessary teacher's shots to rural "remote place".

Lodging money which the teachers who are in public service had the right to receive were in average

60-80 rubles a year. Sometimes this sum reached 120 rubley10. On this money, as a rule, it was possible to rent apartment only for the winter period. It was supposed that in the summer of the teacher leave or can take place in school. Could provide to the teacher the free apartment at school, but it, as a rule, was not really well equipped, did not correspond to rules of sanitation and hygiene. In 1901/02 academic year the norm as the necessary size of the area of the teacher's apartment — 72 square arshins was established. This norm could be taken with a big stretch for sufficient for lonely, but did not correspond to requirements family prepodavateley11.

In May, 1912 the minister of national education approved the Management on

to execution of sanitary requirements when designing buildings of elementary schools. According to these requirements at one-complete and two-complete schools of the apartment for teachers was

it is recommended to place in most

the schoolhouse, and in three-complete and more — in the certain building. In two-storeyed wooden buildings

schools of the apartment of teachers it was necessary to place on the second floor with two ladders, in the stone building — on the first floor.

In §29 of the Management was defined that the apartment of the teacher has to be isolated from educational rooms and have a separate entrance. Area

apartments in one - and two-complete school no more than 12 quarter the sazhen was defined (1 sq. sazhen = 16 sq. arshins = 4.552 sq.m). In three-complete and more schools of the apartment for family teachers decided within 10.64-15 quarter sazhen, for single 6-7 quarter sazhen without kitchen or up to 9 quarter sazhen on kitchen. At multicomplete school the manager needed 3 rooms and kitchen, to one teacher — 2 rooms and kitchen and to two teachers on 2 rooms at one kitchen.

1. Code of laws of the Russian Empire. SPb., 1892. T. XIV. Part 1. Article 85.
2. The charter about a compulsory military service//the Code of laws of the Russian Empire. SPb., 1897. T. IV. Prince 1.
3. Official gazette. 1910. No. 252. Page 24.
4. Scientific archive of the Russian Academy of Education. T. XI. Part 1. Article 14 95.
5. Code of laws of the Russian Empire. SPb., 1893. T. XI. Part 1. Article 1495.
6. Meeting of legalizations and orders of the government. 1912. Otd. 1. No. 92.

Article 7 90.

7. News on the highest, average and lowest educational institutions of the Ministry of national education. 1910. No. 8. Page 232.
8. Teacher's societies, cash desks, courses and congresses / Sost. G. Falbork and V. Charnolusky. SPb., 1901. Page 39.
9. State archive of the Russian Federation. T. 1803. Op. 1. D. 7. L.
19.
10. Sokolova Material A.V.O situation learning// Russian school.
1914. No. 5-6.

Page 43-63.

11. I. Suchkov B. Teaching of Russia at the end of XIX — the beginning XX century: Avtoref.

yew.... Dr.s east. sciences. M, 1995. Page 28.

12. K. Denisov I. General education. SPb., 1914. Issue 1. S. 93-97.

The established norms of apartments of teachers already more (in comparison with the previous options) corresponded to needs of teachers, improved conditions them about-zhivaniya12.

Social support of teachers of the state system of education in XIX — the beginning of the 20th century, the privileges provided to them in connection with their civil service represented constantly renewed and developing complex of regulations. Similar regulations not always had system and consecutive character. Nevertheless problems of social support which were designated by conditions of living and life of teachers moved forward on permission the advanced public of that time and teachers, found

the corresponding permissions in regulations.

Elaine Chavez
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