Pedagogical aspects of professional criminal liability of physical education teachers

The article considers the existing problem of the need for legal protection for mandatory workers in the field of physical education. This category of employees includes physical education teachers of state-owned secondary schools, since the Law on Physical Education and Sports, Article 26 (Physical Education in the Sphere of Education), states that classes for this category of employees are mandatory, which means that automatically these employees are professionally criminally responsible under Article 137 of the Criminal Code of Ukraine "Improper performance of duties regarding the protection of the life and health of children", i.e. this applies to cases of various severity regardless of the circumstances of their occurrence, if only the investigation establishes that this teacher conducted classes with this injured student. In the course of the research, a pedagogical analysis of laws was carried out with the aim of identifying articles or provisions that belong to the legislative and legal protection of the professional risk of physical education workers. The existing safety instructions were consistently reviewed in order to find alternative actions for the justification of this category of workers, at the same time an analysis of the directions of legal safety protection of the existing professional risk offered by the main book of the field of theory and methods of physical education was carried out. Based on the data of the conducted questionnaire, the common factors of professional risk of physical culture teachers were established. The following steps have been chosen as ways to eliminate this problem: to involve the industry in cooperation with the justice authorities regarding the provision of reliable legal protection for its employees, since according to Article 54 of the Law on Education, Section 6, participants in the educational process, which talks about the rights and obligations of pedagogical, scientific- pedagogical and scientific employees and other persons involved in the educational process, that they have the right to safe and harmless working conditions. And this means that their educational branch, to which they belong, has the full right to provide modern one hundred percent legal protection for its employees in relation to their professional activities, which will prohibit the investigation from starting criminal cases using the professional actions of teachers and lecturers (means, methods, techniques, incentives, etc.) as material evidence for the accusation, regardless of the gravity of the circumstances and the consequence.