1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as the choice of the language of instruction and education within the limits of the possibilities provided by the education system.
2. In educational organizations, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and learning the state language of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards.
3. In state and municipal educational organizations located on the territory of a republic of the Russian Federation, teaching and learning of the state languages of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and learning of the state languages of the republics of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards. Teaching and learning the state languages of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.
4. Citizens of the Russian Federation have the right to receive pre-school, primary general and basic general education in their native language from among the languages of the peoples of the Russian Federation, as well as the right to study their native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the limits of the opportunities provided by the education system, in the manner prescribed by the legislation on education. The implementation of these rights is ensured by the creation of the necessary number of relevant educational organizations, classes, groups, as well as the conditions for their functioning. Teaching and learning of a native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the framework of state-accredited educational programs, is carried out in accordance with federal state educational standards, educational standards.
5. Education can be obtained in a foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.
6. The language, languages of education are determined by the local regulations of the organization carrying out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation. The free choice of the language of education, the studied native language from among the languages of the peoples of the Russian Federation, including the Russian language as a native language, the state languages of the republics of the Russian Federation, is carried out at the request of the parents (legal representatives) of underage students upon admission (transfer) to study in educational programs of preschool education, state-accredited educational programs of primary general and basic general education.
PhD in Law, Associate Professor of the Department of State Law of the Russian State Pedagogical University named after A.I. Herzen
Annotation:
The article deals with the issues of legislative registration of the right to receive education in the native language in the Russian Federation.
Keywords:
law, mother tongue, right to education.
The issue of state guarantees of education in the native language for Russia, as a multinational state, is very significant. Schools where teaching was conducted in the national (native) language appeared in Russia in the 18th century. In 1918 they became known as National Schools. After the 40s of the last century, the entire initial block in such schools was taught in the native language, the middle one - on a bilingual basis, the senior one - in Russian. The Decree of the People's Commissariat of Education "On Schools of National Minorities" (October 31, 1918) defined the principle as the basic one - the right of all peoples to organize education in their native language. This applied both to the unified labor school at all levels, and to the higher educational institutions of the country. In the Soviet Union, the Russian language was considered as the language of interethnic communication and did not have the status of a state language.
The language of education is an important element of educational activity, as well as an element of state policy, taking into account the multinational composition of the country's population. In addition, international legal standards require the exercise of the right to use one's native language. In the modern world, discrimination against national, ethnic, religious and linguistic minorities is seen as a manifestation of intolerance along with acts of violence, terrorism, xenophobia, aggressive nationalism, racism, anti-Semitism, exclusion, marginalization, discrimination against refugees, migrant workers, immigrants and socially disadvantaged groups in societies. The positive experience of realizing the right to receive basic general education in the native language in the Russian Federation is also important for the further development of cooperation in this area within the framework of the CIS.
Education is a key area that is directly related to the development and functioning of the language. One of the guarantees of the right to use one's native language is the opportunity to receive education in one's native language, because without the opportunity to learn one's native language, there is no need for future generations to use it outside the spheres of interpersonal informal communication. Teaching in one's native language is directly related to the forms of exercising the right to use one's native language. Although, of course, the implementation of this right should not adversely affect the study of the state language. As rightly noted by D.A. Pashentsev, "a false understanding of human rights, bordering on making them absolute, inevitably turns into a violation of these very rights" .
The state policy of Russia in relation to small peoples for centuries was paternalistic in nature, and only from the end of the 80s. a turn began to involve the representatives of these peoples themselves in the process of self-government and self-development, and the principle of dialogue was proclaimed. At the end of the 80s. of the last century in the USSR there was a powerful surge in the development of language legislation aimed at guaranteeing the right to use their native language. A kind of "codification" of this block of legislation was the law of the USSR of April 24, 1990 "On the languages of the peoples of the USSR", which dealt with the creation of preschool and secondary educational institutions with education and training in the languages of the peoples of the USSR, the organization of classes in various types of educational institutions , groups, streams of learning in their native language.
At present, recognizing and guaranteeing its citizens the right to preserve and develop their original culture and national (native) language, the right to freely choose the language of communication, upbringing, education and creativity, the Russian Federation creates real prerequisites for building a state of law.
On March 1, 1998, the European Charter for Regional or Minority Languages (adopted in Strasbourg on November 5, 1992) entered into force. Recognizing regional and minority languages as a means of expressing the cultural heritage of peoples, the Charter establishes a number of obligations for states to develop regional or minority languages in order to preserve these languages. The first article of the Charter sets out two definitions of the concepts of "regional and minority languages". Such languages are the languages that are traditionally used in the given territory of the state, representing a group numerically smaller than the rest of the population of the state. Regional languages do not include any dialects of the state language(s) or languages of migrants.
Article 8 of the Charter deals with the obligations of the parties with regard to education. The Parties shall provide for the possibility of preschool and primary education, or a significant part thereof, in the respective regional or minority languages, and also ensure that, within the framework of primary education, the study of the relevant regional or minority languages is included in the curriculum as an integral part of the program. The same obligations are put forward by the Charter in relation to secondary, vocational, university education. Measures to ensure these opportunities should be applied at least to students from families who so desire and who are considered sufficient. The article also refers to the need to organize courses for the study of regional or minority languages for adults, as well as the need to provide initial and ongoing professional training for teachers of these languages. It was especially noted that in the field of education, the obligations of the parties are carried out taking into account the status of each of these languages, as well as without prejudice to the teaching of the official language or languages of the state.
Russia joined the Charter and assumed certain obligations, but did not ratify it. The problems with the ratification of the Charter for Russia are related to the need for a broad public discussion of this issue; financial support (in accordance with the Charter, not only the federal budget, but also the budgets of the constituent entities of the Russian Federation and local authorities should be involved); the need to allocate at least 160 regional languages and languages of national minorities. These are very difficult obligations. Such a variety of language groups is not found in any country in Europe (in Russia there are more than 230 languages). Russia's ratification of the Charter will require an unprecedented level of responsibility and, not least, huge economic costs.
The Framework Convention for the Protection of National Minorities (adopted on February 1, 1995), ratified by Russia on August 21, 1998, states in Article 14 that the parties undertake to recognize for any person belonging to a national minority the right to learn the language of their minority. This is linked to areas of traditional minority residence, their numbers, expressed need, the potential of educational systems and the inadmissibility of compromising learning or teaching in the official language.
The provisions on the right to the native language, its use are enshrined in the Constitution of the Russian Federation (part 2 of article 19, part 2 of article 26, part 2 of article 29, article 68). The state language of the Russian Federation throughout its territory in accordance with Article 68 of the Constitution is the Russian language. The republics within the country have the right to establish their own state languages. So, representatives of almost 40 nationalities live in Dagestan, there are 14 official languages. Teaching in schools is conducted in 14 languages, elementary school - in the native language, further education goes in Russian.
The Law of the Russian Federation "On National-Cultural Autonomy" of 1996 grants a number of rights in the educational sphere. In accordance with this law, non-state preschool, general education, higher educational institutions with instruction in the native language may be formed. Proposals on the creation of classes, study groups in state, municipal educational institutions with instruction in the native language, or with in-depth study of the native language, history and culture on the basis of this law, can be submitted to federal authorities and administrations, state bodies of the constituent entities of the Russian Federation, local authorities self-government. Unfortunately, in reality, there are practically no mechanisms that allow people belonging to special ethnic groups to receive education in their native language within the framework of national-cultural autonomy.
The Law of the Russian Federation "On the languages of the peoples of the Russian Federation" dated October 25, 1991 No. 1807-1, as amended on July 2, 2013, guarantees the right to receive basic general education in the native language and the choice of the language of instruction within the limits of a possible education system, as well as taking into account the fact that the right to choose an educational institution with one or another language of education and training belongs to parents or persons replacing them; the language in which education and training is conducted in an educational institution is determined by the founder and (or) the charter of the educational institution. But the Russian language as the state language of Russia is studied without fail in accordance with state educational standards.
Federal Law "On Education in the Russian Federation" dated December 29, 2012 No. 273-FZ in part 2 of Article 5; Parts 1, 3, 4 of Article 14, as before, establishes guarantees for obtaining education in the state language of the Russian Federation. In addition, the right of citizens to choose the language of upbringing and education is preserved to the extent that the education system allows it. In accordance with the Constitution of the Russian Federation, the Federal Law of 01.06. 2005 No. 53-FZ "On the state language of the Russian Federation" the state language of the Russian Federation throughout its territory is the Russian language. Accordingly, educational programs of various levels and directions are carried out in accordance with state standards. The federal structure of the country grants autonomy to the national republics in terms of resolving the issue of studying and teaching the state language of the republic on the territory of the republic, i.e. national language. At the same time, a balance of federal and national interests must be observed. Therefore, the study of the national language should be carried out not to the detriment of the state language of the Russian Federation, i.e. Russian language.
As before, citizens retain the right to choose to receive preschool, primary general and basic general education in their native language, which corresponds to the provisions of Article 10 of the Federal Law of July 17, 1996 No. 74-FZ “On National-Cultural Autonomy”. The choice of an educational organization with one or another language for raising and teaching children belongs to parents and persons replacing them. The degree of realization of this right is made dependent on the capabilities of the education system (including the presence in the locality of an educational organization that teaches in the native language). In the absence of such an educational organization, it can be created subject to organizational conditions (presence of teachers of the native language, educational literature in the native language, the number of people wishing to study, etc.)
Part 5 of Article 18 of the Law “On Education in the Russian Federation” refers to the fact that the Federal List of Textbooks recommended for use includes, among other things, textbooks that take into account the regional and ethno-cultural characteristics of the constituent entities of the Russian Federation, the realization of the rights of citizens to receive education in their native language.
The language (languages) for the implementation of educational programs are determined directly by the educational organization and are fixed in local regulatory legal acts, taking into account the requirements of the current educational legislation.
The right to a native language within the meaning of the legislation includes: the right to preserve one's own language (free oral and written use); creation with the assistance of the state of their own written language in their native language; the right to learn one's native language (educational institutions in one's native language); the right to develop their native language (publishing books, mass media in their native language, etc.) On this basis, as rightly noted by V.A. Kryazhkov, we can conclude that the right of peoples to their native language, its preservation and development is an issue that is in the area of responsibility of both the ethnic communities themselves and the state. The choice of any language as a mother tongue should not become a reason for discrimination against a person on the basis of the indicated grounds (Part 2 of Article 19 of the Constitution of the Russian Federation). The state does not have the right to establish prohibitions on the use of one's native language.
In modern Russian schools, out of more than 239 languages and dialects, 89 languages are studied. Of these, 39 are being trained. In Russia, most schools with a native language are in Tatarstan, Bashkortostan, Yakutia, and Tyva. The number of schools teaching in the native language is constantly growing, and mainly due to the growth of such schools in cities. To develop methods for teaching Russian and native (national) languages in schools with instruction in the native language in the USSR, in 1948, the Research Institute of National Schools was created, later reformed into the Center for National Educational Problems at the Federal Institute for the Development of Education (FIRO). In this regard, the historical experience of the Pedagogical University named after A.I. Herzen, in which the department of national minorities in the 20-30s of the twentieth century carried out the training of teachers for Finnish, Estonian, Latvian schools. Currently, the university is training teachers for the schools of the peoples of the North. In the Leningrad region, along with the study of the Finnish language, the Veps language is studied as a subject in elementary school.
Currently, there are problems in realizing the right to receive basic general education in their native language, related to the fact that the socialization of a child in cities usually takes place in the sphere of the Russian language, the need for the native language decreases, and there is an unwillingness to learn the native language (but this does not mean that with the change of language there is a change of national identity). There is a shortage of modern textbooks of the native language, teaching staff - teachers of the native language, and insufficient funding. Nevertheless, the federal legislation in the field of citizens' rights to free choice of the language of instruction generally complies with the international obligations assumed by the Russian Federation and creates an appropriate legal basis for the implementation of this right. The preservation of national languages, the protection of the linguistic rights of individuals and peoples is one of the priorities of the state policy of the Russian Federation, like any other democratic state.
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1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as the choice of the language of instruction and education within the limits of the possibilities provided by the education system.
2. In educational organizations, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and learning the state language of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards.
3. In state and municipal educational organizations located on the territory of a republic of the Russian Federation, teaching and learning of the state languages of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and learning of the state languages of the republics of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards. Teaching and learning the state languages of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.
4. Citizens of the Russian Federation have the right to receive pre-school, primary general and basic general education in their native language from among the languages of the peoples of the Russian Federation, as well as the right to study their native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the limits of the opportunities provided by the education system, in the manner prescribed by the legislation on education. The implementation of these rights is ensured by the creation of the necessary number of relevant educational organizations, classes, groups, as well as the conditions for their functioning. Teaching and learning of a native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the framework of state-accredited educational programs, is carried out in accordance with federal state educational standards, educational standards.
5. Education can be obtained in a foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.
6. The language, languages of education are determined by the local regulations of the organization carrying out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation. The free choice of the language of education, the studied native language from among the languages of the peoples of the Russian Federation, including the Russian language as a native language, the state languages of the republics of the Russian Federation, is carried out at the request of the parents (legal representatives) of underage students upon admission (transfer) to study in educational programs of preschool education, state-accredited educational programs of primary general and basic general education.
(see text in previous edition)
Article 14 Language of education
1. In the Russian Federation, education is guaranteed in the state language of the Russian Federation, as well as the choice of the language of instruction and education within the limits of the possibilities provided by the education system.
2. In educational organizations, educational activities are carried out in the state language of the Russian Federation, unless otherwise provided by this article. Teaching and learning the state language of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards.
3. In state and municipal educational organizations located on the territory of a republic of the Russian Federation, teaching and learning of the state languages of the republics of the Russian Federation may be introduced in accordance with the legislation of the republics of the Russian Federation. Teaching and learning of the state languages of the republics of the Russian Federation within the framework of state-accredited educational programs are carried out in accordance with federal state educational standards, educational standards. Teaching and learning the state languages of the republics of the Russian Federation should not be carried out to the detriment of teaching and learning the state language of the Russian Federation.
4. Citizens of the Russian Federation have the right to receive pre-school, primary general and basic general education in their native language from among the languages of the peoples of the Russian Federation, as well as the right to study their native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the limits of the opportunities provided by the education system, in the manner prescribed by the legislation on education. The implementation of these rights is ensured by the creation of the necessary number of relevant educational organizations, classes, groups, as well as the conditions for their functioning. Teaching and learning of a native language from among the languages of the peoples of the Russian Federation, including Russian as a native language, within the framework of state-accredited educational programs, is carried out in accordance with federal state educational standards, educational standards.
5. Education can be obtained in a foreign language in accordance with the educational program and in the manner prescribed by the legislation on education and local regulations of the organization carrying out educational activities.
6. The language, languages of education are determined by the local regulations of the organization carrying out educational activities on the educational programs it implements, in accordance with the legislation of the Russian Federation. The free choice of the language of education, the studied native language from among the languages of the peoples of the Russian Federation, including the Russian language as a native language, the state languages of the republics of the Russian Federation, is carried out at the request of the parents (legal representatives) of underage students upon admission (transfer) to study in educational programs of preschool education, state-accredited educational programs of primary general and basic general education.
Citizens of the Russian Federation have the right to receive basic general education in their native language, as well as to choose the language of instruction within the limits of the opportunities provided by the education system.
The right of citizens to receive education in their native language is ensured by the creation of the necessary number of appropriate educational institutions, classes, groups, as well as the conditions for their functioning.
The language (languages) in which education and upbringing are conducted in an educational institution is determined by the founder (founders) of the educational institution and (or) the charter of the educational institution.
The state, in accordance with the international treaties of the Russian Federation, assists representatives of the peoples of the Russian Federation living outside its territory in obtaining basic general education in their native language.
In all state-accredited educational institutions, with the exception of pre-school ones, the study of the Russian language as the state language of the Russian Federation is regulated by federal state educational standards.
The issues of studying the state languages of the republics within the Russian Federation are regulated by the legislation of these republics.
(Law "On Education" - art. 6)
