An excerpt from the monograph: Sulakshin S.S., Maksimov S.V., Akhmetzyanova I.R. etc. "State policy of combating corruption and the shadow economy in Russia". Monograph in 2 volumes.
Phenomenology of corruption in education
According to a survey conducted by the All-Russian Center for the Study public opinion between 27 and 28 May 2006, 29% of the respondents answered , that gave money and gifts to educators. For comparison: 51% - to medical workers, 31% - to traffic police officers. Thus, education is one of the three areas most prone to corruption.As a result of studies conducted in 2003–2004, it was found that the number of detected crimes related to facts of bribery, abuse, embezzlement of budgetary funds and other criminal acts in the education system of the Russian Federation increased by 40%, 8 were registered, 5 thousand crimes annually. Vice-rectors, assistants to the rector, about 20 heads of departments, more than 200 teachers and over 50 school directors were brought to criminal responsibility.
The high level of corruption in our state leads to the fact that Russia loses its investment attractiveness from year to year. Speaking objectively, namely about corruption in the field of education, we observe the same picture - the corruption of education (mostly higher education) leads to a decrease in the attractiveness of Russian universities for foreign students. Accordingly, a decrease in the number of students studying in Russia leads to a decrease in the prestige of Russian higher education. Therefore, the issue of corruption in education in terms of importance is on a par with such problems as corruption in the judicial system, corruption in the system of executive authorities.
In his work “Education and Corruption”, Stefan R. Heineman characterizes an education system that is free from corruption:
Equality of access to education;
Honesty in the distribution of curricula and materials;
Honesty and transparency of selection criteria higher education;
Integrity in the conduct of accreditation, in which all educational institutions are equally evaluated against a system of standards open to public disclosure;
Honesty in obtaining educational services and goods;
Maintaining a system of professional standards by those who head educational institutions, who carry out teaching activities, regardless of the form of ownership of the institution: private or public.
As we see today, our education system can be characterized through the characteristics indicated by Stefan R. Heinemann only with a minus sign.
Factors of emergence of corruption
Corruption in the education system can be divided into two levels: grassroots and higher. Corruption at the grassroots level finds its manifestations directly in the learning process: admission to educational institutions, entrance examinations, midterm and final exams, and so on. Corruption at the highest level is connected with the system of accreditation, licensing of educational institutions and, mainly, with the system of distribution of budgetary funds for financing the education system (in particular, budgetary funds allocated for the publication of educational literature). There are a number of reasons for the existence and development of corruption at the grassroots level. Among them, I would like to draw attention to the following.
1. Legal problems relating to simple thoughtlessness and insufficient elaboration of the norms that determine the legal status of the main subjects in the field of education: the norms contained in Art. 16 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education” are too general and contain frequent references to the charter of the educational institution. However, the charter may not contain more specific rules. And the issues that arise within the framework of the educational process can be resolved by orders and instructions. Thus, the legal framework governing the position of students in the university is unstable and depends for the most part on orders and orders, which are more of a situational nature. Universities, despite the opportunity provided by regulatory acts (for non-state universities, this is an obligation - see Art. 11-1 of the Law of the Russian Federation "On Education", paragraph 10 of Art. 16 of the Federal Law "On Higher and Postgraduate Vocational Education"), do not pay enough attention the problem of local regulation of student status. The wording of the statutes often simply copy the norms of these laws and the Model Regulations on the university. The issue of disciplinary, material responsibility of students has not been settled either. Issues of student self-government require careful study.
A major legal issue is
imperfection of the norms of criminal law - limited opportunities holding teachers accountable.
According to the Department economic security The Ministry of Internal Affairs of the Russian Federation in 2005 alone revealed more than three thousand crimes, including 849 - on the facts of receiving and giving bribes in educational institutions. Among them are sixty-seven cases when rectors, chairmen of admission committees and teachers were brought to criminal responsibility. The figures speak for themselves - out of three thousand crimes, only sixty-seven ended up in prosecution.
According to Art. 290 of the Criminal Code of the Russian Federation, the subject of the crime is an official, and in the note to Art. 285 of the Criminal Code of the Russian Federation reveals the concept of "official" - this is a person who permanently, temporarily or by special authority, performs the functions of a representative of power or performs organizational, administrative, administrative and economic functions in state bodies, bodies local government, state and municipal institutions, as well as in the Armed Forces Russian Federation, other troops and military formations of the Russian Federation. As we can see, we can talk about bringing to responsibility if the person who received the bribe performs either the functions of a representative of the authorities, or organizational, administrative, administrative and economic functions.
The Decree of the Plenum of the Supreme Court of the Russian Federation No. 6 of December 10, 2000 clarifies what should be understood by organizational and administrative and administrative and economic functions: “Organizational and administrative functions include, for example, team management, placement and selection of personnel, organization labor or service of subordinates, maintaining discipline, applying incentives and imposing disciplinary sanctions. Administrative and economic functions may include, in particular, the powers to manage and dispose of property and funds on the balance sheet and bank accounts of organizations and institutions, military units and subdivisions, as well as performing other actions: making decisions on the calculation of wages, bonuses, monitoring the movement of material assets, determining the procedure for their storage, etc.” Thus, and this is indicated in paragraph 5 of the Resolution, employees of state bodies and local governments, state and municipal institutions who perform professional or technical duties in them that are not related to organizational and administrative or administrative and economic functions.
Before the Decree of the Plenum of the Supreme Court of the Russian Federation No. 6 of February 10, 2000 was adopted, practitioners were guided by the Decree of the Plenum of the Supreme Court of the USSR of March 30, 1990 No. 418, according to which persons who performed organizational and administrative or administrative and economic duties not only by virtue of their position, but also in the exercise of the special powers assigned to them by authorized bodies or officials. Thus, doctors could be held liable for malfeasance - for abuse of authority related to the issuance of disability certificates, participation in draft commissions, teachers - for violation of the duties assigned to them as members of the qualification or examination commission; teachers or educators - for failure to fulfill the assigned duties to ensure order and safety during events or classes.
It turns out that in order to bring a teacher of a state university to responsibility under Art. 290 of the Criminal Code, it must be equated with an official endowed with organizational and administrative functions. But this is possible only in those cases when it comes to the head of the department, the dean, the head of the structural unit of the educational institution. As a rule, teachers, associate professors, professors perform professional duties: they give lectures, conduct seminars, take tests and exams, check control, term papers and theses, they are not officials, because they do not have signs of a special subject of malfeasance. Then the question remains unanswered: how can a teacher be held criminally liable? state university for taking a bribe? Since the university is state, then Art. 204 of the Criminal Code of the Russian Federation "Commercial bribery" does not apply. We are talking about a teacher performing professional activities, respectively, he is not an official in the sense indicated in the note to Art. 285 of the Criminal Code of the Russian Federation and Art. 290 of the Criminal Code of the Russian Federation, “taking a bribe” does not apply to him. It is necessary to amend the Criminal Code of the Russian Federation - add to the organizational and administrative and administrative professional features, or supplement the Criminal Code of the Russian Federation with a new article providing for criminal liability for receiving illegal remuneration in connection with the performance of professional duties.
2. Systemic problems. The system of power centers the entire spectrum of management - both the assessment of qualifications and the number of universities. Moscow and St. Petersburg are centers of education that close and will close the whole system. Instead of a polycentric control system, a centered hierarchical one operates. Getting an education in the provinces is becoming less and less prestigious every year. The demand for universities in Moscow and St. Petersburg continues to increase, which only contributes to various manifestations of corruption (in the form of giving and receiving bribes, protectionism, etc.).
The corporate policy of the universities themselves is such that universities are not interested in the universalization of education.
This problem has two elements:
A) the presence of an artificially supported information phantom of the elitism of metropolitan universities (the illusion of a sign);
B) developed corrupt relationships between the administration of most elite metropolitan universities and high-ranking officials of federal and regional government bodies: benefits for admission and education for children, relatives and acquaintances of officials, inflated fees for participating in the educational process in exchange for services in various forms of support: additional budget financing, assistance in the admission of graduates to the civil service and service in the most successful commercial organizations.
In non-state universities, there is no interest in improving the quality of the level of education of graduates. Expulsion of students for such universities is not profitable, because it is not profitable to lose money. A non-state university should be interested in the quality of education of graduates. The solution is to introduce a condition for accreditation: the ratio of the number of students enrolled, say, in the 4th year, and the number of graduates. If the difference turns out to be significant, then you just need to close such universities.
In many educational institutions there is no transparency of data on the quality of work, there is no effective system public control behind the learning process. Professional communities work poorly, education is segmented, control over standards is weakening.
At present, the Ministry of Education and Science itself sets the standards of education and controls their observance. It is necessary to create independent expert organizations that monitor compliance with educational standards on a par with the Ministry of Education and Science of the Russian Federation. The Law “On the Public Chamber”19 lists among the goals and objectives:
Conducting public examination of draft federal laws and draft laws of subjects, as well as draft regulatory legal acts of executive authorities and draft legal acts of local governments;
Implementation, in accordance with this Federal Law, of public control (control) over the activities of the Government of the Russian Federation, federal executive authorities, executive authorities of the constituent entities of the Russian Federation and local governments, as well as over observance of freedom of speech in the media mass media.
The Public Chamber of the Russian Federation, thus, can also conduct an examination of educational standards approved by the Order of the Ministry of Education and Science of the Russian Federation. True, this is not her duty. The way out can be this - the approval of the standards of the Ministry should take place jointly with a scientific and expert center (this can be the Russian Academy of Sciences or a structure specially created for this purpose).
Only in this way can the complete monopoly of the Ministry of Education and Science on the approval and control over the observance of standards in the field of education be avoided.
It is possible to create an institution for delegating powers for licensing and attestation of universities state commissions, which will be created from a number selected at random from specialists of appropriate qualifications and profiles included in the state register (for example, candidates and doctors of science certified by the Higher Attestation Commission). In a number of cases, create such commissions with the competitive involvement of foreign experts, representatives of relevant public organizations and organizations for the protection of consumer rights.
There is a big gap between the level of knowledge of school graduates and the requirements of universities for applicants. For this reason, entering a university becomes not only difficult, but almost impossible, so school graduates and their parents are trying to use not only legal ways to enter a higher educational institution. Thus, the current education system itself stimulates corruption. The Ministry of Education and Science, issuing orders on education standards, in which the principles and foundations are laid educational programs should take into account and try to bridge this gap. It is proposed to introduce another year of study at school, which will be aimed at aligning the school curriculum with the requirements of the university. It is necessary to develop a program of secondary specialized education: to conduct monitoring to identify industries where specialists of secondary specialized (vocational) education are required; the management of the educational institution should interact with potential employers of its graduates. It is also necessary to expand the opportunities for admission of vocational graduates to universities for senior courses.
Often, students lack any motivation to study. It is easier for students to “buy an exam” rather than take it on their own.
A change in the current system of final exams, for example, in the form of a role-playing game, can increase the motivation of a student to study, especially since many large employers conduct tests when applying for a job. role-playing games. According to some analysts, in five years the higher education system may face a fiasco, as the connection between universities and the labor market is lost. When selecting personnel, many private and even state structures shy away from graduates of some higher educational institutions.
In a negative way, the motivation to study is affected by the possibility of recovery provided by our legislation after being expelled for poor progress, moreover, in the same university. As a rule, recovery occurs with the loss of a year of study. Such a scheme is beneficial for the university if the student is studying on a paid basis, because he will have to pay the tuition again. In this regard, the experience of Germany is noteworthy, where a person expelled due to poor progress is no longer entitled to receive education in the same specialty.
The system of self-regulation is not developed. The existence of corruption in universities is largely due to the neutral attitude towards it on the part of a large number of students and makes corruption a mass social phenomenon. It is necessary to create a situation of conflict: when expulsion is associated with a large number of costs for the student, the motivation for “non-expulsion” will increase accordingly. Then, the mass anonymous survey conducted among students will reflect the real picture. For example, in England, after the end of the course, an anonymous survey is conducted, which, in fact, is a “feedback channel”.
The very structure of the educational system, based on a qualitative assessment, predetermines the widespread corruption in this area.
Many people call the formalization of knowledge a solution. However, training according to such a system in our conditions, taking into account cultural and historical traditions, is impossible. As you know, an experiment is being conducted in Russia with the Unified State Exam (Unified State Examination), aimed at combating corruption. In this regard, the students were asked the question: "Do you think that the introduction of a unified testing instead of exams (including entrance exams) and tests can reduce the level of corruption in the university?" To which the following responses were received (sartraccc.sgap.ru/pub/lvovich.html):
Thus, about half of the respondents are sure that the problem of corruption in higher educational admission to the exam will not help to solve, only the recipient of bribes will change. For a certain list of specialties, passing the Unified State Examination will not be enough for admission to a university: the bill assumes that universities will be able to conduct additional tests for a certain list of specialties. According to the statement of V. Bolotov (Rosobrnadzor), According to the draft law No. 335155- “On Amending the Law of the Russian Federation “On Education” and the Federal Law “On Higher and Postgraduate Vocational Education” in terms of introducing a unified state exam»: The unified state exam is a form of independent assessment of the level of educational achievements of students using tasks of a standardized form (control measuring materials), the implementation of which makes it possible to establish the level of educational achievements of students in mastering the federal component of the state educational standard of secondary (complete) general education. a list of such specialties has already been drawn up. The possibility of conducting additional tests for a number of specialties is an absolute necessity.
A negative consequence of the USE may be an increase in the share of paid education. Now the education of those graduates who show high score when passing the exam, but no one can guarantee that when determining the “passing score”, its value will not be overestimated in order to reduce funding. So we can state that the USE is not a "panacea" in the fight against corruption.
Corruption in education at the highest level is corruption that mainly occurs at the stages of accreditation and licensing of educational institutions.
The mechanism of accreditation of universities is imperfect and has a number of serious shortcomings. For example, the procedure for accreditation of branches of public and private (commercial) universities. If the university is state-owned, then its branch can use the accreditation of the head university. According to Art. 8 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Vocational Education” “The branches of higher educational institutions undergo licensing and certification independently, and state accreditation as part of a higher educational institution.”
But if the university is non-state, then each of its branches must have its own state accreditation. Hence, we see unequal conditions for public and private universities to create branches. Of course, for greater transparency of the process of accreditation of branches, it is necessary to change the content of Art. 8 of the Federal Law "On Higher and Postgraduate Professional Education" to the following wording: "The branches of higher educational institutions are licensed, attested and state accredited independently."
Higher education corruption is fueled by the system of distribution of state orders and grants. At present, the distribution of government orders and grants is a form of covert embezzlement of budget funds. As a rule, receiving government orders and grants is associated with the redistribution of funds through private structures, fake contracts, and a system of kickbacks. Contests, grants are announced for topics that have long been “ordered”. The conditions contain such requirements that only one or several suppliers can obviously comply with. In 2004, more than 800 billion rubles were spent on the purchase of goods and services for state needs. However, according to the Ministry economic development and Trade of the Russian Federation, 7.7% of all orders were distributed through open tenders and another 10.1% - through closed tenders. As a result, 30% of the total number of purchases came from one supplier.
Law No. 94-FZ of July 21, 2005 “On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs”26 regulates relations related to the placement of orders for the supply of goods, performance of work, provision of services for state or municipal needs, for the effective use of budget funds and extrabudgetary sources of funding, expanding opportunities for the participation of individuals and legal entities in placing orders and stimulating such participation, developing fair competition, improving the activities of public authorities and local governments in the field of placing orders, ensuring publicity and transparency in placing orders, preventing corruption and other abuses in the field of placing orders.
According to Art. 7 of the above law, “when placing an order by holding a tender, auction, as well as requesting price quotations for goods, works, services, a competitive, auction or quotation commission is created. The number of committee members must be at least five. Members of the commission may not be natural persons, personally interested in the results of placing an order(I must say that the wording is rather vague), including individuals who have submitted applications for participation in the tender, applications for participation in the auction or applications for participation in the request for quotations (or employees of the organizations that submitted these applications), or individuals who are able to influence the participants in the placement of the order (including individuals who are participants (shareholders) of these organizations, members of their management bodies, creditors of the participants in the placement of the order). In the event that the said persons are found in the composition of the commission, the customer, the authorized body that made the decision to establish the commission, are obliged to immediately replace them with other individuals who not personally interested in the results of the order placement and which the participants in the order placement are not able to influence.
Thus, the very wording of the norms of the law contains corruption components, plus everything is not clear on the basis of what act the commission operates, because there is no regulation on its activities, no regulations.
Very often, on the basis of prestigious universities, various centers and bureaus are created that participate in competitions, taking advantage of the prestige and brand of this university, as a result of which a huge amount of budgetary funds “sinks” into the accounts not of the universities themselves, but of individual university administrators who control the opening and work these centres. In Art. 62 of the Law “On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs” states that “persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on placing orders for the supply of goods, performance of work, the provision of services for state or municipal needs, bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation, ”but again, the norm is not specific. In addition to the fact that the considered norms are formulated insufficiently accurately and require specification, there is another problem - the lack of adequate development of these norms in the sectoral liability legislation. Issues of attestation of scientific and scientific-pedagogical personnel are also related to the possibility of the growth of the corruption sphere. Certification of scientific and scientific-pedagogical personnel is entrusted to the Higher Attestation Commission (HAC), which is a structural subdivision of the Ministry of Education and Science of the Russian Federation. For a number of issues, the VAK is subordinate to the Federal Service for Supervision in Education and Science.
The Higher Attestation Commission was created in order to ensure a unified public policy in the field of state certification of scientific and scientific-pedagogical personnel. The VAK is in charge of such issues as conferring scientific degrees and awarding academic titles. But the final decision on this issue is made not even by the Higher Attestation Commission, but by the Federal Service for Supervision in Education and Science. The Service considers the issues of conferring the academic titles of professor in the specialty and professor in the department, associate professor in the specialty and associate professor in the department, awarding the academic degrees of doctor and candidate of science and issues the relevant certificates and diplomas of the established form, and also considers the issues of deprivation (restoration) of these academic titles and degrees. Thus, the final decision (issuance of the relevant document) has been handed over to the bureaucratic apparatus, and in the conditions of modern corruption of the bureaucratic apparatus, this is fraught with many negative consequences.
Today, corruption is widespread on the largest scale in those areas where budgetary funds are allocated for the development of the education system (for the development of university programs, the publication of educational literature).
Leader social movement"Against Corruption" Leonid Troshin said that "according to experts, the share of remuneration - the so-called "kickbacks" - for the allocation of budget funds for the development of university programs for the formation and development of society, the healthy development of the nation. grams reach up to 50% of the funding amounts.
The sphere of publishing literature for educational institutions is one of the most corrupt. Funds allocated for these purposes from the budget are distributed exclusively among the publishing houses affiliated with the Ministry of Education. Literature allocated by the budget is published much less than necessary, and "inconsistencies" in the volume of output and allocated funds are covered by such structures by increasing the cost of output. However, any examination would show a complete discrepancy between the declared price and the low quality of the published literature.
There are several options for solving this problem:
Firstly, tracking any direct or indirect interest of an official in the distribution of budgetary funds of any particular organization (exclusion of family ties between an official and an employee of a publishing house);
Secondly, selective examination of published literature for the compliance of the specified price of the product with its quality;
third way-limitation of the period for acquiring exclusive rights to the publication;
fourth- improvement of the procedure open competitions for the publication of school and professional literature at the expense of budgetary funds;
fifth-possible limitation of the marginal profitability of publications at the expense of the budget.
The Law “On Education” empowers the federal executive body exercising the functions of control and supervision in the field of education and science to inspect educational institutions in the territory of the Russian Federation, regardless of their organizational and legal forms, types and types, education management bodies and authorized executive bodies of the subject of the Russian Federation exercising control and supervision in the field of education. It would be logical to assume that the Federal Service for Supervision in the Sphere of Education and Science should be independent from the Ministry of Education and Science of the Russian Federation.
Moral and ethical reasons Corruption has become a common phenomenon, one might say an integral part of vocational education. This is primarily due to the lack of an effective system of bringing to justice. For objective reasons, it is difficult to prove the facts of giving and receiving a bribe.
The administration prefers to simply dismiss the employee who takes bribes without contacting law enforcement agencies. Another reason is the insufficiently strict sanctions in terms of deprivation of the right to hold certain positions or engage in certain activities. So, for taking a bribe, Art. 290 of the Criminal Code of the Russian Federation provides for a fine, imprisonment, deprivation of the right to hold certain positions or engage in certain activities. The maximum period of deprivation of the right to hold certain positions or engage in certain activities for the main offense is three years. It is proposed to increase this period to 5 years.
According to the Department of Economic Security of the Ministry of Internal Affairs of the Russian Federation, bribes in universities have become as commonplace as extortions from traffic police (traffic police) on the roads:
According to research conducted by the State University - Higher School of Economics, the total amount of bribes in the education system per year is slightly less than $1 billion (26 billion rubles). Three-quarters of this amount is bribes related to higher education. The total "income" of bribe takers from education is approximately 2 times higher than Russia's income from wheat exports, and 3 times from car exports. The scale is caused by the fact that taking and giving bribes has become a habit, a norm of life. In order to “remind” the society that bribery and other manifestations of corruption in education were and are immoral acts, it is necessary to adopt the Code of Ethics for Educational Workers (Code of Ethics for Teachers). It is also proposed to introduce for students studying at pedagogical specialties take an oath (similar to the Hippocratic oath). Such a measure is expedient, because education, as well as healthcare, is the basis for the formation and development of society, the healthy development of the nation.
School is a cell of society. What happens in society, then - and in the school. Unfortunately, in Lately this phenomenon has grown into a significant problem for us: it suddenly turns out that the headmaster of the school built a luxurious palace for a modest salary, then they extort a bribe when enrolling a child in school, then someone was helped to get a high score on the Unified State Examination ... Complaints about extortions in schools.
The origins of school corruption:
- Insufficient budget funding. The natural desire to provide more comfortable conditions for education and upbringing, to make the school more competitive forces its administration to seek additional material resources. At the same time, it is easiest to use the path of least resistance - to organize fundraising from parents for the school fund: the so-called. school entrance fees, compulsion to give to charity, fees for security, repairs, furniture, etc. As a rule, money is collected in cash, and the presence of "live" money is usually fraught with temptations.
- Use of the corruption component of the current legislation on education. For example, the legislation does not prohibit the attraction of sponsorship, funds from parents, organizations, enterprises for the purposes of education on a voluntary basis. The school administration uses this fact for allegedly voluntary contributions, which are in fact mandatory. Fees are usually by class. class teachers, sometimes handed over to the director of the school or other persons, stored in cash or in the safe of the director, or in the accounting department, they are not credited, receipts are not issued to parents, a report on their spending is not brought to the attention of parents. As a rule, it is not possible to establish whether an assignment has taken place or not.
- D e clarative nature of the provisions of the legislation on equal access to quality education. Since 1992, education has ceased to be called popular. They say whatever you call a ship, that's how it will sail. Parents with sufficient income send their children to more prestigious schools, send them to study abroad, hire tutors... They can also provide a school with more material support, thereby contributing to the growth of its competitiveness. Those wishing to enter such a school are becoming more of its opportunities. Conditions are created for some to give, and for others to take.
- Transferring market relations to the educational environment. Setting the task for the school to ensure the performance of work and services transfers the educational process into the sphere of industrial relations. In business, the main thing is profit. And here, as they say, all means are good, incl. and corruption.
Many years of experience in inspecting educational institutions shows that certain forms of corruption schemes have developed in schools:
- Entrance fees when a child enters school under the guise of charity in the form of a financial contribution of a specific amount, an offer to purchase furniture, pay for repairs, etc.;
- Lump sum to purchase something (for textbooks, uniforms, furniture, computers, etc.), to prepare the school for the beginning of the school year, etc.;
- Systematic ( monthly) fees the established amount to the school fund: to pay for security, the Internet, the website, for the purchase of stationery, current expenses and other services;
- Parents' initiatives (the proposal of a separate group of parents to raise money for a gift to a teacher, director, school, for curtains, for the installation of plastocons, etc., and elevating it to the rank of voluntary-mandatory);
- Tutoring with a student of this school;
- Reward teacher for assistance in enrolling a child in a prestigious class, group, elective, etc .;
- Gratitude from parents for higher grades, correction of grades when graduating from school, etc.;
- public funds, created, as a rule, at the initiative of the school principal to formalize the distribution of parental and sponsorship funds. As a rule, priorities in the distribution of the fund's resources are given to the proposals of the school principal.
Like any negative phenomenon, corruption is easier to prevent than to fight it. A few examples of its prevention:
1. Sufficient financial support for education. Recently, certain steps have been taken in this direction both at the level of federal and regional authorities. Municipalities are also trying in this direction. Schools are receiving new equipment, especially digital teaching aids, the salaries of teachers are being raised, school premises are being renovated, and so on. Of course, it is desirable to have more support. But you can live on these funds. The main thing is to learn to live within your means. . If you want to live better, earn money, since Law No. 83-FZ provides such an opportunity: all the profits received by the school from income-generating activities now remain with the institution if it is budgetary or autonomous. In this case, it will not be necessary to impose tribute on parents and there will be fewer temptations. In these conditions The job of a school principal is to be an effective manager.
2. Ensuring a decent salary for teachers not due to the intensification of labor (increase study load), but for the quality of work. The current system of remuneration at the present time makes it possible to implement this principle, it is only necessary to skillfully use it.
3. Achievement by each school of a high level implementation of state educational standards (if there is an appropriate material base and personnel) on the basis of the qualitative implementation of the municipal task. In this case, each school gives the graduate quality education in the scope of the standard and thereby ensure its equal accessibility. That. the parent will not have to offer a bribe when choosing a school - any school provides a quality education. Everything else, above the standard, is provided at the request of the parent through additional educational services, incl. and paid. At the same time, students should be given the right to receive them not only at their school (allow the school to complete groups of students from different schools).
4. Creation specialized schools (general education, humanitarian, mathematical, technological, natural, artistic, etc.) as part of the senior classes, schools for gifted children. At the same time, the principle of equal right to choose an educational institution established by law is observed. The possibilities for this are laid down in the legislation on education - specialized education has been introduced in schools.
5. Help from parents school should be only on a voluntary basis in strict accordance with applicable law: through bank accounts, voluntary donations, donations, charitable contributions with the execution of relevant documents. At the same time, accountability, control of the donor, and the possibility of influencing the school are ensured.
6. Introduction to tutor schools, resolutely suppressing cases of tutoring of teachers with students of their school.
7. Gain control administration for the objectivity of assessing the knowledge of students.
8. Minimization of market relations in education . School is where they learn.
9. Increasing the responsibility of the Founder for the quality of work of educational institutions.
10. Gain roles of public school management : managers, supervisory boards, parent committees, putting financial flows in the institution under their control. Require the school to provide an annual public financial report to the participants in the educational process, incl. on the school website.
Prevention of corruption at school
LABOR AND WELFARE LAW
Legal Mechanisms for Preventing Corruption in Education
PLYUGINA Inna Vladimirovna O. Leading Research Fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, Candidate legal sciences
117218, Russia, Moscow, st. Bolshaya Cheryomushkinskaya, 34
Email: [email protected]
The article analyzes individual legal mechanisms for preventing corruption in the field of education. The emphasis is on the problems of local regulation: the issues of preventing and overcoming the conflict of interests of a teacher are analyzed; problems of the activities of commissions for the settlement of disputes between participants in educational relations; some problems of implementation of anti-corruption expertise of local acts are highlighted. Special attention is paid to the rating system for evaluating the effectiveness of the activities of teaching staff, as well as the indicators used in its use. The conclusion is made about the insufficient effectiveness of internal control mechanisms. The main legal means of preventing corruption provided for in the legislation of the constituent entities of the Russian Federation are identified. The most common organizational forms of interaction between state authorities of the constituent entities of the Russian Federation and organizations engaged in educational activities are determined.
Key words: combating corruption, educational services, educational organization, educational authorities, assessment, quality, local acts of educational organizations.
Anti-Corruption Legal Mechanisms in Education Sector
I. V. PLYUGINA, candidate of legal sciences
The Institute of Legislation and Comparative Law under the Government of the Russian Federation
34, Bolshaya Cheremushkinskaya st., Moscow, Russia, 117218
Email: [email protected]
The article analyzes the specific anti-corruption legal mechanisms in the education sector. The author has emphasized the problems of local regulation: the issues of prevention and overcoming of conflict of interests of teaching staff; problems of the commissions for the settlement of disputes between participants in educational relations; some of the problems of implementation of anti-corruption expertise of local acts. Special attention was paid to the rating system of evaluating of teachers, as well as applied indicators. The author has made the conclusion about the lack of effectiveness of internal controls, has highlighted the main legal mesures of corruption prevention for the legislation of the constituent entities of the Russian Federation. As a result of the most common organizational forms of interaction of bodies of state power of subjects of the Russian Federation with organizations engaged in educational activities were identified by the author.
Keywords: corruption, educational services, educational institution, bodies of control, education, evaluation, quality, local acts of educational institutions.
DOI: 10.12737/22730
The problems of combating corruption in the field of education have long been in focus.
kuse active attention from public authorities, civil society institutions,
public organizations. The need to overcome them determines the consolidation of the efforts of state and municipal employees, officials, employees of organizations engaged in educational activities, as well as the students themselves and their legal representatives.
Improving the efficiency of activities to prevent and suppress corruption in the field of education requires not only the use of general legal means provided, in particular, by Federal Law No. 273-F3 of December 25, 2008 "On Combating Corruption", but also the use of special tools that allow take into account the specifics of regulated social relations. The norms of the Federal Law of December 29, 2012 No. 273-F3 "On Education in the Russian Federation" introduced the category "conflict of interests of a teacher", regulated the basis for the activities of commissions for the settlement of disputes between participants in educational relations, expanded the possibilities for the participation of parents (legal representatives) in organizations educational process, the requirements for information openness and transparency of the activities of educational organizations are specified, a ban is established for teaching staff of an organization engaged in educational activities to provide paid educational services to students in this organization if this leads to a conflict of interests of a teaching worker.
Despite the positive effect of the measures taken in recent years to prevent and combat corruption, the education sector remains one of the most corruptogenic. There are numerous difficulties hindering the successful implementation of
combating corruption, due, in particular, to the presence of mutual selfish interests among students and representatives of educational organizations and, as a result, unwillingness to change the current situation; insufficient efficiency of state and public control, as well as self-control mechanisms; the imperfection of the existing measures to protect persons who have reported facts of corruption, etc.
Corruption in the field of education is still systemic, hidden, corruption ties develop over a long period of time and cover a significant number of participants both within the organization that carries out educational activities and outside it. The Report on the State of Civil Society in the Russian Federation for 2015 states that a high level of non-transparency in the process of preparation and decision-making remains on key issues in the field of education.
At the same time, many important issues affecting the rights and obligations of participants in the educational process, including relations characterized by increased corruption risks, are regulated through local regulation methods1.
1 So, in accordance with Art. 30 of the Federal Law "On Education in the Russian Federation", an educational organization adopts local regulations on the main issues of organization and implementation of educational activities, including regulating the rules for the admission of students, the mode of study of students, forms, frequency and procedure current control progress and intermediate certification of students, the procedure and grounds for the transfer, expulsion and restoration of students, the procedure for registering the emergence, suspension and termination of relations between the educational organization and students
It is impossible to deny the necessity and expediency of applying local acts in the field of education, their value and indispensability as a regulator of the corresponding type of social relations. However, in the absence of external legal expertise, due to insufficient qualifications of persons preparing local acts, a widespread formal approach to their development, many errors, gaps, and inconsistencies in regulation appear. Such shortcomings of local acts can significantly reduce the effectiveness of the regulatory impact, while increasing corruption risks.
In accordance with the provisions of the Federal Law "On Combating Corruption", anti-corruption expertise of legal acts and their drafts is considered among the main measures that ensure the prevention of corruption (Article 6). First of all, local acts of organizations engaged in educational activities are analyzed through internal expertise, while basically it will have a selective, pinpoint character. The requirement to check all local acts for corruption is not established, which, taking into account the volume of local regulation, is quite understandable. However, it seems appropriate to consider cases
and (or) parents (legal representatives) of minor students. Local acts also regulate the internal regulations of students, internal labor regulations, the procedure for training according to an individual curriculum, additional measures of social support are fixed, the amount and procedure for material support for students, the procedure for creating, organizing work, making decisions by a commission to resolve disputes between participants in educational relations, etc.
conducting mandatory preliminary anti-corruption expertise of local acts. For example, this makes sense when regulating the most important, basic issues of organizing and implementing educational activities, in particular, the rules for enrolling students, the procedure for monitoring progress and certification, monitoring attendance, the procedure for transferring, expelling and restoring students.
Usually, at the local level, it is necessary to conduct a procedure for initiating anti-corruption expertise by employees, students, and legal representatives of students. The final decision on the need to conduct will be made by the head of the organization carrying out educational activities. Thus, the influence of the subjective factor increases, since, as a rule, the criteria for making a particular decision are not specified by the manager. Sometimes in the text of local acts there is a clause that the decision to conduct an anti-corruption expertise is made if there are sufficient grounds to assume the presence of corruption-causing factors in legal acts or their drafts, which generally does not change the situation, since the sufficiency of grounds is an evaluation category.
In order for the anti-corruption expertise procedure to be initiated, all subjects - potential initiators must have access to local regulatory acts. Unfortunately, in practice, even the employees themselves sometimes do not know about the existence of some local acts, which is confirmed by the results of inspections of educational organizations in some subjects of the Russian Federation2. Selective Analysis
2 For more details, see: Analytical materials based on the results of conformity assessment with
official websites of organizations engaged in educational activities, showed a different degree of content content of sections on local regulation, at the same time, the need for informational openness of acts that determine the adoption of managerial decisions in the educational process is obvious.
Identification of shortcomings in local regulation acts, including for the content of corruption factors, is also possible in the course of scheduled and unscheduled inspections carried out by authorities. However, such checks are carried out with a certain more or less long interval of time and do not provide constant control, although they are more efficient and objective.
The Federal Law “On Combating Corruption” (Article 133) provides for the obligation of organizations to develop and take measures to prevent corruption. Among such possible measures are: determination of units or officials responsible for the prevention of corruption and other offenses; cooperation of the organization with law enforcement agencies; development and implementation in practice of standards and procedures aimed at ensuring the conscientious work of the organization; adoption of the code of ethics and official behavior of the employees of the organization; prevention and settlement of conflicts of interest; prevention of unofficial reporting and the use of forged documents.
retention and quality of training of students in basic general education programs federal state educational standards of general education and other mandatory requirements. S. 1-2. URL: 36edu.ru/delo/full/control/Documents/anoo14-15.doc.
The norms of the Federal Law "On Education in the Russian Federation" establish the foundations for preventing and overcoming conflicts of interest of a teacher, thereby adapting the category of "conflict of interest" in relation to the field of education. The situation can be recognized as containing a conflict of interest of a pedagogical worker with the simultaneous presence of the following conditions: such a situation must arise as a result of the professional activity of a teaching worker; it is necessary that there is a personal interest in obtaining a material benefit or other advantage; personal interest should influence or potentially influence the proper performance of professional duties by a teacher; there must be a contradiction between the personal interest of the teacher and the interests of the student, parents (legal representatives) of underage students. It should be noted that, in practice, a conflict of interest can also occur in cases where there is no direct personal interest in obtaining material benefits or other advantages, as is the case, for example, in a situation where decisions are made in favor of third parties who are protected.
Article 45 of the Federal Law “On Education in the Russian Federation” provides for the creation of commissions to resolve disputes between participants in educational relations (hereinafter referred to as the commission), whose activities should contribute, among other things, to the prevention and overcoming of situations related to conflicts of interest, to minimize corruption risks. In accordance with the requirements of this Federal Law, the procedure for the creation, organization of work, decision-making
mission and their execution is established by local regulations. As the analysis of local acts of organizations engaged in educational activities has shown, the approach to regulating the functioning of commissions is often formal and does not ensure effective and independent work of the commission. In particular, due attention is not paid to decision-making procedures, a quorum for decision-making is not stipulated (thus, the parity principles of the commission's activities are violated), the principle of independence is not implemented at all stages of the commission's work. The situation is aggravated by the initial need to use subjective assessments when considering relevant disputes, for example, when determining a specific situation as containing a conflict of interest, when assessing the fact of material interest3. The lack of constant internal monitoring of situations that potentially contain a conflict of interest often leads to only nominal functioning of the commission. At the same time, it should be emphasized that its decisions are binding on all participants in educational relations in an organization carrying out educational activities.
In addition to the activities of the commission, local acts provide for the following measures aimed at preventing a conflict of interest of a teacher:
expanding the practice of making collegial decisions on the most important issues;
clear and detailed distribution of powers between employees, in
3 For more details, see: PlyuginaI. B. Conflict of interest in the field of education // Conflict of interest in the state and municipal service, in the activities of organizations: causes, prevention, settlement: scientific-practical. allowance / otv. ed. A. F. Nozdrachev. M., 2016. S. 128-136.
including between the head of the organization and his deputies;
limiting operations or transactions with organizations with which the head of the educational institution and employees or members of their families have personal ties or financial interests;
provision of declarations of conflicts of interest when hiring for certain positions, as well as systematically - by employees replacing certain positions;
formation of a system for collecting and analyzing information about the individual achievements of students;
ensuring transparency and accountability for the implementation of all decisions made, etc.
Through local lawmaking, educational organizations develop their own organizational and legal mechanisms that ensure transparency and quality of service provision, and thereby reduce corruption risks.
In particular, attention should be paid to the rating systems of students and teachers used by some educational organizations. So, when using a complex of heterogeneous indicators reflecting the pedagogical, scientific activity employee, his participation in organizational events, etc., increases the transparency and objectivity of decisions on the application of incentive measures, as well as their size and form. At the same time, the discrete powers of the head of the organization carrying out educational activities are limited, and the influence of the subjective factor is minimized. The number of points received by teaching staff is taken into account in their material and moral incentives, in the competitive selection for a position, serves as a decision-making criterion
on determining the term of the employment contract, etc.
However, the effectiveness of the rating system directly depends on the quality of the elaboration of the indicators used, as well as the procedure for applying the results obtained. For example, there are situations when the indicators of the effective activity of a teacher are indicators that are not related to pedagogical activity, in particular, “preparation of the classroom for the new academic year” (indicator “window washing, wet cleaning of the premises”), “implementation of the sanitary and hygienic regime” (indicator “lack of comments on compliance with the sanitary and epidemiological regime in the classroom (eating, airing, personal children hygiene, appearance, sportswear, second shoes, dynamic pause, sanitary condition of the office)”)4. Numerous criticisms are caused by the practice of taking into account positive and unsatisfactory grades to assess the quality of work of a teacher5. As a result of using the corresponding indicator, a situation arises when the teacher is focused only on positive assessments of students' progress, and not on an objective assessment of their level of preparedness and development of educational programs.
Additional difficulties are caused by the transition budget organizations to the so-called "per capita" financing. In an effort to accept the largest number of applicants, organizations providing educational
4 See: Eremina O.Yu. Efficiency of an educational organization: criteria, indicators, forecasts // Journal of Russian Law. 2015. No. 10. S. 73-85.
5 See, for example: Ilyina M. A., Kopylova N. T., Polovnikova E. S. Criteria for assessing the quality of teachers' work. URL: http://elib.altstu.ru/elib/disser/
conference/2010/01/pdf/306ilyina.pdf.
activities, often reduce the requirements for the quality of their training, especially high risks in cases where such an indicator of the quality of public services as “fulfillment of the control figures for the admission of students established by the order of the founder” is fixed directly in the text of the state task. Moreover, in the learning process, an educational organization often pursues a policy aimed at avoiding situations of expulsion of students even when they do not master the educational program, since this will lead to a change in the indicator of the number of students (especially if the indicator "number of students expelled in the reporting year according to underachievement").
It should be recognized that the reduction of requirements, the arbitrary adaptation of curricula to the low level of students, the overestimation of grades and other similar deviations from the rules for organizing the educational process contribute to the preservation of the student body and the adaptation of educational standards to their real level, but this reduces the level of trust in formal institutions, normative frameworks are blurred, there is a negative impact on the transparency of knowledge assessment procedures6.
The practice of adopting local acts regulating the grounds, the procedure for bonuses and de-bonuses, the amount of payments for the performance of certain types of work deserves a positive assessment. Recall that according to the Decree of the Government of the Russian Federation of August 5, 2008 No. 583 “On the introduction of new wage systems for employees of federal budgetary, autonomous and state institutions
6 See: Leontyeva E. O. Institutionalization of non-formal practices in the field of higher education: author. dis. ... Dr. sociol. Sciences. Khabarovsk, 2010. P. 14.
and federal state bodies, as well as civilian personnel of military units, institutions and subdivisions of federal executive bodies, in which the law provides for military and equivalent service, whose remuneration is currently carried out on the basis of the Unified tariff scale for remuneration of employees of federal public institutions» the amounts and conditions for making incentive payments are established by collective agreements, agreements, local regulations, employment contracts, taking into account the indicators and criteria for assessing the labor efficiency of employees of these institutions developed in the federal institution. A clear, detailed regulation of the mechanism of material incentives for employees limits the discrete powers of the head of the organization, reduces the possibility of abuse based on private interests, including those due to a subjective attitude towards a particular employee. In a certain sense, the above measure can be considered as a means of protecting persons who have reported facts of corruption in the organization.
Assessing the state of legal regulation of the prevention of corruption in the educational sphere in the constituent entities of the Russian Federation, we can conclude that the implementation of the law-making potential is insufficient at the regional level. In legislative acts of complex regulation, the main subject of which is general issues of preventing and combating corruption, educational organizations are mentioned mainly in the following aspects:
participation of representatives of scientific and educational organizations in the activities of expert and advisory bodies for the prevention of corruption;
solving the problems of anti-corruption education and propaganda;
implementation of interaction between public authorities and local self-government with educational organizations as a measure for the prevention of corruption.
More specific measures to prevent corruption in the field of education are enshrined in regional programs and plans to combat corruption, as well as in acts of the executive authorities of the subjects of the Russian Federation in the field of education. Basically, these are the following activities:
preparation and publication of educational teaching aids;
conducting scientific research, surveys, questionnaires;
organization of advanced training courses for employees of educational organizations, state and municipal employees on anti-corruption issues;
organization of cultural events, exhibitions, competitions designed for different audiences;
introduction into the curricula of certain educational organizations (in particular, of a legal profile) of special courses aimed at teaching the skills of preventing and combating corruption;
teaching the topic of combating corruption within the framework of retraining and advanced training programs for teaching staff;
measures aimed at increasing the transparency of the activities of the relevant executive authorities of the constituent entities of the Russian Federation and their subordinate institutions;
introduction to employment contracts concluded by the relevant executive authority of the constituent entity of the Russian Federation with the heads of budgetary and autonomous institutions, the duties provided for in Art. 133 of the Federal Law "On countermeasures
corruption” (the obligation of organizations to take measures to prevent corruption);
participation of representatives of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation in control (supervisory) activities, in particular, when enrolling applicants in educational institutions of higher professional education, in attendance checks in organizations engaged in educational activities;
organization of the work of the “helpline”, “hot line”, etc.
Unfortunately, the complex application of these measures at the regional level is rarely carried out. However, the implementation of selective measures, often of a single nature, is not able to solve the existing systemic problems.
It should be noted that in the text of regulatory legal acts that establish the powers and the procedure for the functioning of the executive authorities of the constituent entities of the Russian Federation in the field of education, the powers to combat corruption are not often specified. As a rule, a standard formula is fixed - "anti-corruption within the limits of one's powers", less often it is said about participation in the implementation of anti-corruption policy measures or assistance in the implementation of anti-corruption measures. However, such formulations do not always allow concretizing the powers granted, delimiting them from the powers of other entities engaged in anti-corruption activities, which in certain situations can lead to blurring of responsibility.
The expediency of closer interaction between state authorities and local self-government bodies with organizations that carry out educational activities is obvious.
activities, and such interaction should acquire specific organizational forms. Thus, the experience of involving educational organizations in the implementation of program activities aimed at combating corruption seems to be positive. For example, subordinate educational organizations are named co-executors of the anti-corruption program in the Kurgan region7.
Of interest is the experience of creating special bodies and structures with the participation of representatives of educational organizations and students, aimed at solving the problems of combating corruption. In particular, the Ulyanovsk region provides for the creation of a permanent interuniversity anti-corruption commission under the Council of Rectors of the Ulyanovsk region universities, as well as the creation and maintenance of activities in educational institutions of higher professional education located in the territory of the Ulyanovsk region, student anti-corruption commissions. In addition, under the Commissioner for Combating Corruption in the Ulyanovsk Region, a Youth Initiative Anti-Corruption Center was created, and youth anti-corruption councils are being created in municipalities. It should be emphasized that the functioning of such bodies will be successful only if there is already an effective mechanism for responding to reports of facts of corruption, which implies the obligatory and objective consideration of the information received, followed by the adoption of appropriate measures.
7 See the Decree of the Government of the Kurgan Region dated October 14, 2013 No. 486 “On state program Kurgan region "Combating corruption in the Kurgan region" for 2014-2018".
Representatives of scientific and educational organizations may be members of commissions for coordinating anti-corruption efforts8. It is noteworthy that in some constituent entities of the Russian Federation the participation of representatives of scientific and educational organizations in the composition of commissions is provided on a mandatory basis, in others the possibility of participation is stipulated. In any case, their involvement is reasonable and expedient.
In conclusion, it should be emphasized once again that without the implementation of effective external control and supervision, it is practically impossible to solve the problems of the spread of corruption in the field of education. In this regard, it seems reasonable to strengthen, increase the effectiveness of control by state authorities. The Federal Law "On Education in the Russian Federation" provides for the transfer of powers of federal government bodies to government bodies of constituent entities of the Russian Federation to exercise state control (supervision) in the field of education over the activities of organizations engaged in educational activities on the territory of a constituent entity of the Russian Federation (with the exception of those organizations that license activities
the direction of work to counter the cor-
rupees in the Kaliningrad region
dit assistant to the rector of the federal state
donative budgetary educational institution of higher professional education "Kaliningrad State
National Technical University" for relations with state and public organizations (see Appendix No. 2 to the Decree of the Governor of the Kaliningrad Region dated
October 14, 2015 No. 139 “On measures to implement paragraph 2 of Decree of the President of the Russian Federation of July 15, 2015 No. 364 “On measures to improve the organization of activities in the field of combating corruption””).
which are carried out by federal executive authorities), as well as local governments exercising management in the field of education in the relevant territory. In addition, the authorities have been transferred to license and state accreditation of the educational activities of organizations engaged in educational activities in the territory of a constituent entity of the Russian Federation (with the exception of those organizations whose activities are licensed by federal executive authorities). As noted by experts, such a selection of transferred powers is quite justified: it allows, on the one hand, to ensure the strengthening of the role of the subjects of the Russian Federation in the implementation of state policy and the expansion of their opportunities for influencing educational organizations; on the other hand, it retains the possibility of establishing unified requirements for the conduct of control and permitting actions throughout the territory of the Russian Federation9.
In order to streamline law enforcement practice, harmonize approaches to the exercise of the powers granted, there is a need to regulate the relevant procedures for federal level. Prior to the adoption of such acts, the subjects of the Russian Federation are granted the right to exercise their own legal regulation. At the regional level, there is a practice of developing administrative regulations governing the procedure for exercising delegated powers10.
9 For more details, see: Educational Legislation of Russia. A new milestone in development: a monograph / L. V. Andrichenko, V. L. Barankov, B. A. Bulaevsky and others; ed. N. V. Putilo, N. S. Volkova. M., 2015. Ch. 2.
10 See, for example, Decree of the Governor of the Tyumen Region dated January 15, 2016 No. 2 “On approval of administrative regulations for the implementation by the Department
Effective control and oversight mechanisms are undoubtedly one of the most effective ways to prevent corruption in the present stage. In particular, it is through the implementation of external control measures at the present stage that the existing problems of illegal collection of funds in educational organizations should be overcome. As noted in the letter of the Ministry of Education and Science of Russia dated September 9, 2015 No. VK-2227/08 “On Preventing Illegal Collections of Funds”, state authorities of a constituent entity of the Russian Federation exercising state control (supervision) in the field of education are obliged to respond to reports from citizens about illegal collection of funds from parents (legal representatives) of students educational organizations, conduct checks on these reports and, within the framework of their competence, take comprehensive measures to suppress and prevent further illegal actions.
The legal acts of the constituent entities of the Russian Federation provide for the following standard measures directly aimed at preventing illegal fees in organizations engaged in educational activities: the operation of a "hot line", conducting explanatory and information work, monitoring the opinions of parents (legal representatives) of students, conducting inspections in accordance with appeals about the facts of illegal fees, monitoring the availability of textbooks and teaching aids of educational organizations, monitoring the
education and science of the Tyumen region of state functions for the implementation of license control, state control of the quality of education, state supervision in the field of education.
preschool educational organizations, public reporting, etc.
At the same time, among the main tasks facing the state authorities of the constituent entities of the Russian Federation, there are not only the adoption of preventive measures, but also the prevention of misuse of funds already collected. In this regard, the experience of the Republic of Tatarstan seems to be positive, in which it was proposed: to supplement the official websites of educational organizations with the section “Extrabudgetary funds received by the organization”; on the official websites of the section "Electronic education in the Republic of Tatarstan" to systematically post information on the movement (receipt and expenditure, indicating purposes and costs) of extra-budgetary funds attracted by the educational (general educational) organization, the amounts and purpose of funds allocated to the educational (general educational) organization from the budget system Russian Federation; ensure that the balance sheet of general education organizations is tangible assets acquired through voluntary donations from individuals and legal entities or transferred as charitable and sponsorship aid11.
Thus, the existing legal mechanisms for preventing corruption in the field of education need to be further improved. One of the most effective legal means of preventing corruption in the field of education should be recognized as a detailed regulation of the procedures used in educational activities, excluding unreasonable expansion of discrete powers and limits of discretion.
11 See Letter of the Ministry of Education and Science of the Republic of Tatarstan dated September 4, 2014 No. 17272/14 “On Combating Corruption”.
friction. The quality of the preparation of local acts, the professionalism of the persons involved in their development, depends on the increase or decrease in corruption risks in educational activities, as well as the creation of conditions for improving or reducing the quality of education.
education. The effective activity of state authorities of the constituent entities of the Russian Federation, covering a set of systematically carried out control and supervisory measures, will undoubtedly help prevent corruption in the field of education.
Bibliographic list
Analytical materials based on the results of assessing the compliance of the content and quality of training of students in basic general education programs with federal state educational standards for general education and other mandatory requirements. URL: 36edu.ru/delo/fullnom/control/Documents/anoo14-15.doc.
Eremina O. Yu. Efficiency of an educational organization: criteria, indicators, forecasts // Journal of Russian Law. 2015. No. 10.
Ilyina M. A., Kopylova N. T., Polovnikova E. S. Criteria for assessing the quality of teachers' work. URL: http://elib.altstu.ru/elib/disser/conferenc/2010/01/pdf/306ilyina.pdf.
Leontyeva E. O. Institutionalization of non-formal practices in the field of higher education: author. dis. ... Dr. sociol. Sciences. Khabarovsk, 2010.
Educational legislation of Russia. A new milestone in development: a monograph / L. V. Andrichenko, V. L. Barankov, B. A. Bulaevsky and others; ed. N. V. Putilo, N. S. Volkova. M., 2015. Ch. 2.
Plyugina I. V. Conflict of interests in the field of education // Conflict of interests in the state and municipal service, in the activities of organizations: causes, prevention, settlement: scientific-practical. allowance / otv. ed. A. F. Nozdrachev. M., 2016.
Public-private partnership in the field of physical culture and sports
MELNIK Timur Evgenievich, Researcher, Department of Social Legislation, Institute of Legislation and Comparative Law under the Government of the Russian Federation
117218, Russia, Moscow, Bolshaya Cheremushkinskaya st., 34 E-mail: [email protected]
The article is devoted to the problematic issues of public-private and municipal-private partnerships in the field of physical culture and sports. Further development of this form of interaction between the state (municipalities) and business entities in the field of physical culture and sports is associated with the solution of a number of problems. Some of them are related to the social component. The development of the practice of public-private partnership in the field of physical culture and sports should be dictated by the need to achieve goals and objectives social policy public authorities in this area. The availability of state and municipal services, including in the field of physical culture and sports, should be enshrined as a legislative principle of public-private and municipal-private partnerships. It is proposed to fix the priorities of public-private (municipal-private) partnership in the field of physical culture and sports in the legislation. One of them should be the development of mass sports. Public-private (municipal-private) partnership can be used to develop a system of sports clubs in the community. To do this, it is necessary to provide for the possibility of concluding agreements on such a partnership not only in relation to sports facilities, but also in relation to state and municipal services in the field of physical culture and sports.
1At present, the issue of anti-corruption upbringing and education of young people is becoming especially relevant in Russia. The article reveals the concept of corruption prevention in Russia, provides an analysis of the UN Convention against Corruption and the National Anti-Corruption Plan in Russia on the issue of participation and informing society through public education, including curricula in schools and universities. One of the main preventive measures is the formation in society of intolerance towards corrupt behavior through education, as well as the need to involve civil society in combating corruption. The study focuses on the fact that anti-corruption education is reflected mainly only in specialized curricula, thereby pointing to the need for a unified curriculum for all students, regardless of specialty and field of study.
corruption
anti-corruption education
corruption prevention
anti-corruption
1. Anti-corruption upbringing and education in high school. Volosova N.Yu., Zhurkina O.V., Pedagogical magazine. - 2014. - No. 6. - S. 54–63
2. Corruption perception index [Electronic resource]. – Access mode: http://www.transparency.org.ru/indeks-vospriiatiia-korruptcii/blog (accessed 3.09.15).
3. United Nations Convention against Corruption, adopted by the General Assembly on October 31, 2003 // [Electronic resource]. Access mode: http://www.un.org/ru/documents/decl_conv/conventions/corruption.shtml (date of access: 08/10/15)
4. On the National Anti-Corruption Plan for 2014–2015: Decree of the President of the Russian Federation of 11.04.2014 No. 226 // Collected Legislation of the Russian Federation. - 2014. - No. 15. - Art. 1729.
5. On combating corruption: Federal Law No. 273-FZ of December 25, 2008 (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 19, 2008) // Collected Legislation of the Russian Federation. - 2008. - No. 52 (part 1). – Art. 1729
6. Report on the implementation of the contract for conducting a public opinion poll within the framework of the implementation of the municipal long-term program "Combating corruption in the city of Kamensk-Shakhtinsky for 2011–2013." // [Electronic resource]. Access mode: http://lib.znate.ru/docs/index-56318.html (date of access: 08/10/15)
7. Federal state educational standard of higher professional education in the field of study 030900 Jurisprudence http://www.edu.ru/db-mon/mo/Data/d_10/prm464-1.pdf
8. Shishkarev S.N., Legal order of the Russian Federation and legislative support for the fight against corruption: monograph. Publisher: UNITY-DANA; Law and Law, 2008
At present, the most negative phenomenon that paralyzes the economic, political and social spheres society, is corruption, which destroys any state from the inside. Russia is no exception. Thus, according to the data of Transparency International, Russia ranked 136th in the Corruption Perceptions Index (CPI) for 2014, sharing it with Nigeria, Lebanon, Kyrgyzstan, Iran and Cameroon. Thus, the relevance of this study is due to the need for anti-corruption education in general and, in particular, anti-corruption education in higher educational institutions in Russia.
Results and discussion
An analysis of the data shows with frightening persuasiveness that today many people are affected by corruption. social institutions, including the institutions of socialization of the younger generation. Young people entering adulthood face manifestations of corrupt activity from the very beginning, get used to using it to solve their problems and overcome obstacles, which eventually leads to the fact that it becomes a natural part of the social environment. The law of selection in such an environment is the fact that young people, with the help of corruption, more easily achieve tactical success and mistake it for strategic ones. Ultimately, the social group from which the political, economic, military, cultural and other elites will be replenished becomes the core of corruption, rooting and multiplying it. Negative consequences.
The installations of the state anti-corruption policy laid down by the current anti-corruption legislation are oriented towards the implementation by society and the state of preventive measures aimed both against the causes of the emergence and growth of corruption, and against the conditions conducive to this. In this sense, the legal order in this area as a whole has a preventive focus and is focused on eradicating the causes of corruption, but not its consequences.
Such a preventive approach to crime has always been regarded as more strategically effective in the fight against it, i.e. the term “prevention” itself is not a refusal to fight corruption, but, in our opinion, reflects its more flexible forms and methods. In terms of content, prevention is nothing more than a set of preventive measures, the purpose of which is to prevent the emergence of new forms of corruption, their quantitative and qualitative changes.
The Federal Law on Combating Corruption presents the main measures for its prevention:
1) the formation of a negative attitude towards corruption among Russian citizens;
2) examination of draft laws and regulatory legal acts for the presence of a corruption element;
3) the presence of high requirements for citizens applying for state or municipal positions, including strict verification of the information provided by these citizens;
4) dismissal and (or) dismissal, as well as the possibility of applying other measures of legal liability in relation to a person who replaces the position of a state or municipal service, who did not provide or provided knowingly false information about his income, expenses, property, as well as the property of his spouse (spouse) and minor children.
The law provides for the development of control, both public and parliamentary, over compliance with anti-corruption legislation.
Among the preventive measures to combat corruption, in our opinion, a special place is occupied by the formation of intolerance to corrupt behavior in society through anti-corruption education and education of citizens.
The UN Convention against Corruption, ratified by Russia in 2006, assumes the participation of society in combating corruption (Article 13) . Each state party to the Convention must take measures for the effective interaction of the private sector: civil society, non-governmental organizations, the purpose of which is directly to combat corruption.
The Convention stipulates that its participants must strengthen public participation in combating corruption by holding various kinds of events for the population, including informing the population, which could contribute to creating a negative attitude towards corruption. The Convention also calls for the implementation of anti-corruption educational programs both in schools and universities.
Today in Russia, it is increasingly possible to meet public organizations involved in educating anti-corruption behavior both at the federal and regional levels. In early 2014, the President of the Russian Federation approved the National Anti-Corruption Plan for 2014-2015. , which reflected numerous activities, including educational ones. For example, the Ministry of Education and Science of the Russian Federation, together with the Ministry of Internal Affairs and the Investigative Committee, should ensure that a number of educational and awareness-raising measures are taken to clarify the topics of bribery and responsibility for bribery in educational institutions of higher education.
The National Plan obliges the Government of the Russian Federation, as an executive body, to annually conduct educational and methodological seminars for teachers who implement educational programs on anti-corruption topics on the basis of the Russian Presidential Academy of National Economy and Public Administration. Also, the Government of the Russian Federation should ensure the development and implementation in educational institutions of the educational cycle on the topic "Anti-Corruption" in the structure of the main educational program of the bachelor's degree in the direction of preparation 38.03.04 "State and municipal government»; standard additional professional programs on combating corruption.
Despite the shifts in the prevention of corruption, little attention is paid to anti-corruption education, the state, represented by authorized bodies, aims to toughen penalties, to develop strategies to eradicate criminal behavior in the area where corruption has reached incredible proportions. Many do not consider it necessary to take care of prevention, which must be carried out primarily through educational programs. Educational anti-corruption programs within the framework of secondary general education and secondary special education are developed and implemented by teachers, including extracurricular activities devoted to the topic of corruption, but this, of course, is not enough. There is a need to develop a unified program that would cover not only schools and secondary specialized educational institutions, but also universities.
For example, anti-corruption education in educational institutions of higher professional education of the Russian Federation is primarily implemented in the areas of training "Jurisprudence" and "State and municipal management". The Federal Educational Standard in the direction of training "Jurisprudence" provides for the formation of skills in the anti-corruption activities of students. In particular, this document provides for the formation of competencies in anti-corruption behavior.
1. Professional competencies - to identify, assess corrupt behavior and contribute to its suppression (PC-12); take part in the legal examination of draft regulatory legal acts, including in order to identify provisions in them that contribute to the creation of conditions for the manifestation of corruption (PC-14).
2. General cultural competence - to have an intolerant attitude towards corrupt behavior, to respect the law and the law (OK-6).
We believe that there should be a unified anti-corruption program, which would be reflected in curricula regardless of the specialties and profiles of training, since anti-corruption education aims to form in students a strong rejection of corrupt behavior, improve anti-corruption literacy, regardless of what profession they receive.
The same opinion is shared by N.Yu. Volosova, O.V. Zhurkin, while they highlight some aspects that should be taken into account and disclosed in the anti-corruption program:
1) the goals of anti-corruption education and upbringing at the university;
2) tasks of anti-corruption education and upbringing at the university;
3) means and methods of anti-corruption education and upbringing at the university;
4) evaluation of the effectiveness of the means and methods of anti-corruption education and upbringing in the university;
5) improvement and development of means and methods of anti-corruption education and upbringing at the university.
conclusions
Summarizing the above, I would like to conclude that the purpose of anti-corruption education is the formation of an anti-corruption worldview, strong moral foundations of the individual, citizenship and sustainable skills of anti-corruption behavior.
The formation of a negative attitude among citizens to corrupt behavior through anti-corruption education should become the main resource of the anti-corruption policy of the state, designed for the long term.
Reviewers:
Kulikov S.B., Doctor of Philosophy, Head of the Department of Philosophy and Social Sciences, Dean of the Faculty of General University Disciplines of the Federal State Budgetary Educational Institution of Higher Professional Education "Tomsk State Pedagogical University", Tomsk;
Sartakova E.E., Doctor of Pedagogical Sciences, Professor of the Department general pedagogy and Psychology, Faculty of General University Disciplines, Tomsk State Pedagogical University, Tomsk.
Bibliographic link
Choibsonova C.V. ANTI-CORRUPTION EDUCATION IN UNIVERSITIES AS A MEASURE TO COUNTER CORRUPTION IN RUSSIA // Contemporary Issues science and education. - 2015. - No. 5.;URL: http://science-education.ru/ru/article/view?id=22024 (date of access: 02/01/2020). We bring to your attention the journals published by the publishing house "Academy of Natural History"
