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The legislation of the Russian Empire on privileges of teachers at execution of a compulsory military service



t. I. Eremina

The LEGISLATION of the RUSSIAN EMPIRE ON PRIVILEGES of TEACHERS AT EXECUTION of the COMPULSORY MILITARY SERVICE

Work is presented by department of the state law.

The research supervisor - the doctor of jurisprudence, professor I.L. Chestnoye

One of tasks of the Russian legislation in education is couples - which definition of the rights and teacher's duties, creation of appropriate conditions for their fruitful activity, legal and social security. In the Concept of modernization of Russian education until 2010 it is defined that the state considers improvement of mother - alny situation and increase in the social status of educators as one of priorities educational politiki1.

A high social status and material independence - necessary conditions of successful realization of functions of the teacher. Measures for improvement of legal and financial position of teaching are objectively necessary condition of existence and functioning of their legal status.

Creation new is impossible without judgment of experience of the previous generations. In

the problem of an analytical research of the regulatory base of legal regulation of the status of the teacher in the previous years, studying historical legislative experience on formation and development of the status of pedagogical workers is represented to this communication important and almost significant. Accounting of historical experience, genesis of legal status of the teacher in development of civil society and the state gives the chance to create offers on development of the modern concept of legal status of educators.

The history of the Russian state and the right of the beginning of the 20th century has the big legislative and law-enforcement material allowing to analyze a problem of formation and development of legal status of the teacher and to make use of this historical experience in the course of today's reforms of education.

Branch legal status of the teacher is a part of his general legal status and represents the system of the interconnected legal instructions defining its legal status in education according to the social role which is carried out by it. Structural elements of such system are the set of the rights, freedoms and duties fixed in rules of law. Educational legal status of pedagogical workers includes the establishments adjusting them professional privileges and duties and also their social rights. The difficult communications arising between the state and separate social group, their relationship are fixed by the state in a legal form - in the form of the rights, freedoms and duties forming legal status of this social group in the unity. Legal status is one of the major political and legal categories which is inseparably linked with social structure of society, democracy level, a condition of legality.

At a boundary of H1H-HH vekov when seriously started talking about introduction of general education, the teaching problem, legislative registration of its legal status became urgent problems of time, public policy again. In the legislation of the Russian Empire of the beginning of the 20th century there were sometimes considerable, sometimes not justified divergences in determination of the status of separate groups of teachers. Development of legal status of the specified categories of teachers and the nature of this development was direct expression of recognition of a role and value of teachers in those historical conditions.

Concerning teachers the legislation of the Russian Empire provided certain social benefits and advantages. The social benefits provided to the teacher testified

about the volume, what significance are attached by the state to the status of the teacher, his role in society. One of such social benefits was release of teachers from a compulsory military service for ensuring implementation of those reforms in education which were developed and began to be implemented at the beginning of the 20th century.

In the early seventies of the nineteenth 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 urovnya2.

According to Paragraph 3 of Article 80 of 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 as the teacher not less than 5 let3. 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.

In the same time of the teacher had the right to come for education continuation only to those educational institutions which carried out vocational training of teachers (teacher's seminaries, institutes). In case of the termination of teaching activity before the expiration of the five-year term demanded by the law, teachers could not come to higher educational institutions until execute military povinnost4. In response to claims of the Ministry of Internal Affairs on the fact that the teachers having a delay from military service often do not serve necessary five-year term in a teacher's position and come to higher educational institutions, the government publishes the special order of February 24, 1911 No. 6847 "About serving of a compulsory military service by the persons who left a tserkovnosluzhitelstvo or pedagogical activity".

1 6

In 1910 by the Decree of the Senate No. 13606 "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 uchilishch5 have the right for release to active duty. This privilege extended only to the persons listed in the appendix to Article 53 of the Charter about a compulsory military service, and 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 a compulsory military service" was enacted. In compliance with this law of the person, exempted from a compulsory military service on the basis of Paragraph 2 of Article 79 and also note 2 and addition 1 to this article (in them it is about teachers), in case of the termination of pedagogical activity by them after September 15, 1913, but before the expiration of obligatory five-year term of teacher's service, were called up for active duty in the next appeal.

By Article 49 of the specified law 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 it 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. Stopped ahead of schedule provided obligatory five years' teacher's activity were called up for active duty and served the term corresponding to their education then were enlisted in a stock in accordance with general practice.

In the form of a temporary measure for 5 years from the date of enforcement of the specified law Article 50 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 1 year at observance of conditions of the 49th article of the same law. Upon termination of active service the listed persons were enlisted in a stock of army on 17 let6.

In compliance with the legislation in wartime and in the state militia only the persons holding the positions listed in the appendix to Article 25 of the Charter were subject to release from an appeal from a stock of army in troops

about a compulsory military service among which positions of national teachers did not appear.

The law was repealed on June 23, 1912 in connection with World War I. In the years of war for the former national teachers making the majority studying at teacher's institutes, under the agreement between the ministry of national education and the Ministry of Internal Affairs the opportunity of completion of training in the conditions of a universal military appeal was given. On the reached agreement the teachers - the lower ranks of a stock and the ratnik of the 1st and 2nd categories studying at teacher's institutes and come to them from teacher's positions, were granted an appeal delay on mobilization, but not further the terminations of that academic year in which

they will be 27 years old. This privilege could- teachers who entered the institutes

whether to use only that national still before воины&.

1 Bulletin of the Ministry of Education of the Russian Federation. 2002. No. 2. Page 8.
2 Kuzmin of Quarter. A legal status of rural teaching of Russia (the 1860th - the beginning of the 1900th)//the Chronicle of the Ural villages. Yekaterinburg. 1995. Page 160.
3 Charter about a compulsory military service//the Code of laws of the Russian Empire. T. IV. Prince 1. prod. 1897
4 News on the highest, average and lowest educational institutions, 1911. No. 5-7. Page 143.
5 Official gazette. 1910. No. 252. Page 24.
6 Meeting of legalizations and orders of the government. 1912, No. 137. Article 1197.
7 Scientific archive of the Russian Academy of Education, t. 19, op. 1. 243. L. 38.
Anabel Lorin
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