The value foundations of the legal status of a teacher: the position of the Constitutional Court of the Russian Federation

The subject of consideration in this article is the value foundations of the status of a modern teacher through the prism of the text of the Russian Constitution and the case law of the Constitutional Court of the Russian Federation. The aim of the work is to form an internally consistent scientific knowledge about the contribution of the Russian constitutional control body to strengthening the value foundations of the teaching profession. This implies the need to assess the degree of influence of the legal positions of the Constitutional Court of the Russian Federation on current legislation and law enforcement practice. The article puts forward the thesis that the value component and the legal aspects themselves closely interact in the status of a teacher. At the same time, it is stated that the legal status of a teacher, its legislative regulation, should promote moral and professional development. At the same time, as law enforcement practice shows, often the shortcomings of legal regulation, on the contrary, create prerequisites for abuse by employers – the administration of universities and other educational institutions. The article is based on an interdisciplinary methodology that takes into account the methodological arsenal of both psychological and pedagogical sciences and legal research. The author used general scientific methods: analysis, induction, deduction, comparison, dialectical; and private scientific methods: historical, statistical; as well as special research methods: comparative legal and formal legal. The conclusion is made about the general importance of the positions of the constitutional control body for Russian law enforcement practice. The Constitutional Court of the Russian Federation has very specifically pointed out the social significance of the teaching profession, the need to ensure stable employment of the teaching staff of universities, the protection of academic rights and freedoms, and the inadmissibility of wage manipulation. The positions of the constitutional control body should certainly be taken into account by the Russian legislator, judicial and other law enforcement agencies. It is also stated that some of the problems remain unresolved. This concerns the systematic practice of concluding civil law contracts instead of labor contracts. This problem is still waiting to be solved. In addition, attention is drawn to promising areas for improving legislation and law enforcement practice – this is the area of potential application of the research results.

Authors

Publication Details

Journal
Административное и муниципальное право
Published
2025-03-01
DOI
https://doi.org/10.7256/2454-0595.2025.3.71907
Primary Topic
Academic Freedom and Politics
Type
article
Field-Weighted Citation Impact
0.00
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article

The value foundations of the legal status of a teacher: the position of the Constitutional Court of the Russian Federation

Oleg T. Slanov, Zelim Uruzmagovich Dzodzikov, Rimma Grafovna Hugaeva, Tat'yana Aleksandrovna Bekoeva
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Административное и муниципальное право
Academic Freedom and Politics
article

The value foundations of the legal status of a teacher: the position of the Constitutional Court of the Russian Federation

Oleg T. Slanov, Zelim Uruzmagovich Dzodzikov, Rimma Grafovna Hugaeva, Tat'yana Aleksandrovna Bekoeva
article en

Abstract

The subject of consideration in this article is the value foundations of the status of a modern teacher through the prism of the text of the Russian Constitution and the case law of the Constitutional Court of the Russian Federation. The aim of the work is to form an internally consistent scientific knowledge about the contribution of the Russian constitutional control body to strengthening the value foundations of the teaching profession. This implies the need to assess the degree of influence of the legal positions of the Constitutional Court of the Russian Federation on current legislation and law enforcement practice. The article puts forward the thesis that the value component and the legal aspects themselves closely interact in the status of a teacher. At the same time, it is stated that the legal status of a teacher, its legislative regulation, should promote moral and professional development. At the same time, as law enforcement practice shows, often the shortcomings of legal regulation, on the contrary, create prerequisites for abuse by employers – the administration of universities and other educational institutions. The article is based on an interdisciplinary methodology that takes into account the methodological arsenal of both psychological and pedagogical sciences and legal research. The author used general scientific methods: analysis, induction, deduction, comparison, dialectical; and private scientific methods: historical, statistical; as well as special research methods: comparative legal and formal legal. The conclusion is made about the general importance of the positions of the constitutional control body for Russian law enforcement practice. The Constitutional Court of the Russian Federation has very specifically pointed out the social significance of the teaching profession, the need to ensure stable employment of the teaching staff of universities, the protection of academic rights and freedoms, and the inadmissibility of wage manipulation. The positions of the constitutional control body should certainly be taken into account by the Russian legislator, judicial and other law enforcement agencies. It is also stated that some of the problems remain unresolved. This concerns the systematic practice of concluding civil law contracts instead of labor contracts. This problem is still waiting to be solved. In addition, attention is drawn to promising areas for improving legislation and law enforcement practice – this is the area of potential application of the research results.

Административное и муниципальное право(3)
Openalex Percentile: Top 78%
Academic Freedom and Politics
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