Article 5313

Title of the article



Kapitonova Elena Anatol'evna, Candidate of juridical sciences, associate professor, sub-department of criminal law, Penza State University (40 Krasnaya street, Penza, Russia),

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Background. The purpose of the paper is to analyze the educational legislature and the Constitution of the Russian Federation and bring to light the content and mechanism of children’s constitutional duty to receive general secondary education; to compare the provisions of the Education Acts of 1992 and 2012 regarding
the identification of this duty; to compare establishing the compulsory education level in Russia with foreign experience.
Materials and methods. The method of dialectics as a general scientific method of cognition that allows us to study the phenomena and processes of reality in their historical development, as well as special scientific methods (formal legal, comparative legal and system analysis method) have been used.
Results. The research has led to the conclusions about the shortcomings of the legal regulation of the obligation under study. In particular, there is a discrepancy between the levels of education, as specified in the Constitution and in the Education Act. The author has her point of view about the way of resolving this conflict. Amendments to the Education Act must be aimed at giving new content to the category “general secondary education” mentioned in the Constitution, implying a full cycle of secondary education up to grade 11, inclusive.
Conclusions. The theoretical provisions formulated in the paper are aimed at developing recommendations
for improving Russian legislation and able to raise its quality level. They can also be used in scientific research and educational process of higher education law institutions, at refreshers’ law courses for practitioners, scientists and professor staff.

Key words

children, juvenile, duties, constitutional and legal status, general education, compulsory education level.

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1. Kapitonova E. A. Konstitutsionnye obyazannosti rebenka v Rossii: istoriya i sovremennost': monogr. [Constitutional duties of children in Russia: history and present days: monograph]. Penza: Izd-vo PGU, 2010, 156 p. 
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5. Sobranie zakonodatel'stva RF [Collection of legislation of the Russian Federation]. 1996, no. 3, art. 150.
6. Sobranie zakonodatel'stva RF [Collection of legislation of the Russian Federation]. 2001, no. 13, art. 1252.
7. Shkatulla V. I. Zhurnal rossiyskogo prava [Journal of Russian law]. 2007, no. 4, pp. 29–39.
8. Rossiyskaya gazeta [Russian newspaper]. 2013, no. 136.


Дата создания: 25.09.2014 08:55
Дата обновления: 26.09.2014 09:07