Registration No. 16999
In accordance with paragraph 5.2.12 of the Regulations on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 15, 2004 No. 280 (Collected Legislation of the Russian Federation, 2004, No. 25, Art. 2562; 2005, No. 15, Art. 1350; 2006, No. 18, Article 2007; 2008, No. 25, Article 2990; No. 34, Article 3938; No. 42, Article 4825; No. 46, Article 5337; No. 48, Article 5619; 2009, No. 3 , Art. 378; No. 6, Art. 738; No. 14, Art. 1662), I order:
1. Approve the attached Procedure for certification of teaching staff of state and municipal educational institutions.
2. Establish that the qualification categories assigned to teaching and management employees of state and municipal educational institutions before the entry into force of the Procedure for Certification of teaching employees of state and municipal educational institutions are preserved for the period for which they were assigned.
3. Introduce the Procedure for certification of teaching staff of state and municipal educational institutions into force from January 1, 2011.
4. Recognize as invalid from January 1, 2011 the order of the Ministry of Education of the Russian Federation of June 26, 2000 No. 1908 “On approval of the Regulations on the procedure for certification of teaching and management employees of state and municipal educational institutions” (registered by the Ministry of Justice of the Russian Federation on July 24, 2000 g., registration No. 2322. Bulletin of normative acts of federal executive authorities, 2000, No. 32).
5. Control over the implementation of this order is entrusted to Deputy Minister Kalina I.I.
Minister A. Fursenko
Application
The procedure for certification of teaching staff of state and municipal educational institutions
I. General provisions
1. This procedure for certification of teaching staff of state and municipal educational institutions (hereinafter referred to as the Regulations) determines the rules for certification of teaching staff of 1 state and municipal educational institutions implementing basic educational programs of preschool, primary general, basic general, secondary (complete) general education, primary vocational and secondary vocational education, as well as additional educational programs (hereinafter, respectively, teaching staff, educational institutions, educational programs) 2.
2. Certification is carried out in order to establish compliance of the level of qualifications of teaching staff with the requirements for qualification categories (first or highest) or to confirm the compliance of teaching staff with the positions they occupy based on an assessment of their professional activities.
3. The main objectives of certification are:
stimulating targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, personal professional growth, and their use of modern pedagogical technologies;
increasing the efficiency and quality of teaching work;
identifying prospects for using the potential capabilities of teaching staff;
taking into account the requirements of federal state educational standards for personnel conditions for the implementation of educational programs when forming the personnel of educational institutions;
determining the need to improve the qualifications of teaching staff;
ensuring differentiation of the level of remuneration for teaching staff.
4. The main principles of certification are collegiality, transparency, openness, ensuring an objective attitude towards teaching staff, and inadmissibility of discrimination during certification.
II. Formation of certification commissions, their composition and work procedure
5. Certification of teaching staff of educational institutions of a constituent entity of the Russian Federation and municipal educational institutions is carried out by an attestation commission formed by the executive body of the constituent entity of the Russian Federation exercising management in the field of education; certification of teaching staff of federal state educational institutions - by a certification commission formed by the federal executive authorities under whose jurisdiction they are (hereinafter referred to as the federal executive authorities).
6. The certification commission, consisting of the chairman of the commission, deputy chairman, secretary and members of the commission, is formed from among representatives of federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, trade unions, scientific organizations and public associations, self-government bodies of educational institutions ( councils of educational institutions, boards of trustees, pedagogical councils, etc.) and employees of educational institutions.
The personal composition of the certification commission is approved by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation that carries out management in the field of education.
To carry out certification in order to confirm the suitability of a teaching worker for the position held, a representative of the elected body of the corresponding primary trade union organization of the educational institution in which the given teaching worker works (another trade union representative authorized by the primary trade union organization of the educational institution) must be included in the certification commission.
7. To conduct certification in order to establish compliance of the level of qualifications of a teaching worker with the requirements for qualification categories (first or highest), the certification commission creates expert groups to carry out a comprehensive analysis of the results of the professional activity of a teaching worker and prepare an appropriate expert opinion for the certification commission.
8. The composition of the certification commission and expert groups is formed in such a way as to exclude the possibility of a conflict of interest that could affect the decisions made by the certification commissions.
9. A meeting of the certification commission is considered valid if at least two thirds of its members are present.
10. A teaching worker has the right to personally be present during his certification at a meeting of the certification commission, of which he notifies the certification commission in writing. If a teacher fails to appear at a meeting of the certification commission without a valid reason, the commission has the right to conduct certification in his absence.
11. The decision by the certification commission is made in the absence of the teacher being certified by open voting by a majority vote of the members of the certification commission present at the meeting. If there is an equal number of votes among members of the certification commission, it is considered that the teacher has passed the certification.
When undergoing certification, a teacher who is a member of the certification commission does not participate in voting on his candidacy.
The results of the certification of a teacher directly present at the meeting of the certification commission are communicated to him after the voting results are summed up.
12. The work schedules of certification commissions are approved annually by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education.
13. The decision of the certification commission is documented in a protocol, which comes into force from the date of signing by the chairman, deputy chairman, secretary and members of the certification commission who took part in the voting, and is entered into the certification sheet of the teaching worker.
In the certification sheet of a teaching worker, if necessary, the certification commission enters recommendations on improving the professional activity of a teaching worker, on the need to improve his qualifications, indicating his specialization, and other recommendations.
If the certification sheet contains the specified recommendations, the employer, no later than one year from the date of certification of the teaching worker, submits to the certification commission information on the implementation of the recommendations of the certification commission on improving the professional activities of the teaching worker.
14. The decision of the certification commission on the results of certification of teaching staff is approved by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education. For teaching staff in respect of whom the certification commission has decided that their level of qualifications meets the requirements for the first (highest) qualification category, the corresponding qualification category is established by the specified administrative act.
15. The certification sheet and an extract from the administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education, are sent to the teacher’s employer no later than 30 calendar days from the date of the decision of the certification commission for the employee to familiarize themselves with them under registration and decision-making in accordance with the Labor Code of the Russian Federation 3.
The certification sheet, an extract from the administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation that carries out management in the field of education, are stored in the personal file of the teacher.
16. A teaching worker has the right to appeal the results of certification in accordance with the legislation of the Russian Federation.
III. The procedure for certification of teaching staff in order to confirm compliance with the position held
17. Certification in order to confirm the suitability of teaching staff for the position held is carried out once every 5 years in relation to teaching staff who do not have qualification categories (first or highest).
18. The following are not subject to certification:
teaching staff who have worked in their position for less than two years;
pregnant women; women on maternity leave; teaching staff who are on parental leave until the child reaches the age of three. Certification of these employees is possible no earlier than two years after their return from the specified vacations.
19. The basis for certification is the employer’s submission (hereinafter referred to as the submission).
20. The submission must contain a motivated, comprehensive and objective assessment of the professional, business qualities of the teaching staff, the results of his professional activities based on the qualification characteristics for the position held, information about the teaching staff’s advanced training, including in the direction of the employer, for the period preceding the certification, information about the results of previous certifications.
The teacher must be familiarized with the submission by the employer against signature no later than a month before the date of certification. After reviewing the submission, the teacher has the right to submit to the certification commission his own information characterizing his work activity for the period from the date of the previous certification (in the case of initial certification - from the date of entry to work), as well as a statement with appropriate justification in case of disagreement with the employer’s presentation.
21. Information about the date, place and time of certification is brought to the attention of teaching staff subject to certification in writing by the employer no later than a month before it begins.
22. During certification, teaching staff undergo qualification tests in writing on issues related to their teaching activities in their position.
23. Based on the results of certification of a teaching employee in order to confirm compliance with the position held, the certification commission makes one of the following decisions:
corresponds to the position held (the position of the employee is indicated);
does not correspond to the position held (the employee’s position is indicated).
24. If, based on the results of certification, a teaching worker is recognized as unsuitable for the position held due to insufficient qualifications, the employment contract with him may be terminated in accordance with paragraph 3 of part 1 of Article 81 of the Labor Code of the Russian Federation3. Dismissal on this basis is permitted if it is impossible to transfer a teaching employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his condition health (part 3 of article 81 of the Labor Code of the Russian Federation 3).
IV. The procedure for certification of teaching staff to establish compliance of their level of qualifications with the requirements for qualification categories (first or highest)
25. Certification of a teaching worker to establish compliance of his level of qualifications with the requirements for the first or highest qualification categories is carried out on the basis of an application from the teaching worker
The application of a teaching worker for certification must be considered by the certification commission no later than one month from the date of submission.
26. The timing of certification for each teaching worker is established by the certification commission individually in accordance with the schedule. When drawing up the schedule, the validity periods of previously established qualification categories must be taken into account.
27. The duration of certification for each teaching worker from the beginning of its implementation until the decision of the certification commission is made should not exceed two months.
28. The qualification category for teaching staff established on the basis of certification is valid for five years.
29. Teaching staff may apply to the certification commission for certification to establish compliance of their level of qualifications with the requirements for the highest qualification category no earlier than 2 years after the establishment of the first qualification category.
make a personal contribution to improving the quality of education based on improving teaching and educational methods;
have stable results in the development of educational programs by students and pupils and indicators of the dynamics of their achievements are above average in the constituent entity of the Russian Federation.
have the established first qualification category;
master modern educational technologies and methods and effectively apply them in practical professional activities;
have stable results in the development of educational programs by students and pupils and indicators of the dynamics of their achievements are above average in the constituent entity of the Russian Federation, including taking into account the results of participation of students and pupils in all-Russian and international olympiads, competitions, competitions;
make a personal contribution to improving the quality of education based on improving teaching and upbringing methods, innovative activities, in the development of new educational technologies and actively disseminate their own experience in the field of improving the quality of education and upbringing.
32. Based on the results of the certification, the certification commission makes one of the following decisions:
a) the level of qualification (position indicated) meets the requirements for the first (highest) qualification category;
b) the level of qualification (position indicated) does not meet the requirements for the first (highest) qualification category.
33. When the certification commission makes a decision on the non-compliance of the qualification level of a teaching worker with the requirements for the highest qualification category, he retains the first qualification category until the end of its validity period.
34. Qualification categories are preserved when a teaching worker moves to another educational institution, including one located in another constituent entity of the Russian Federation, during its validity period.
1 Teaching staff include persons occupying positions classified in the professional qualification group of teaching positions, approved by order of the Ministry of Health and Social Development of the Russian Federation dated May 5, 2008 No. 216n “On approval of professional qualification groups of positions of educational workers” (registered by the Ministry of Justice Russian Federation May 22, 2008, registration No. 11731. "Rossiyskaya Gazeta", 2008, No. 113).
2 Certification of employees holding positions of scientific and pedagogical workers is carried out in accordance with the Regulations on the procedure for certification of employees holding positions of scientific and pedagogical workers, approved by order of the Ministry of Education and Science of the Russian Federation dated August 6, 2009 No. 284 “On approval of the Regulations on the procedure conducting certification of employees holding positions of scientific and pedagogical workers" (registered by the Ministry of Justice of the Russian Federation on September 15, 2009, registration No. 14772, Bulletin of normative acts of federal executive authorities, No. 40, October 5, 2009).
3 Collection of legislation of the Russian Federation, 2002, No. 1, art. 3; No. 30, art. 3033; 2003, No. 27, Art. 2700; 2004, No. 18, art. 1690; No. 35, art. 3607; 2005, No. 1, art. 27; No. 19, art. 1752; 2006, No. 27, art. 2878; No. 52, art. 5498; 2007, No. 1, art. 34; No. 17, art. 1930; No. 30, art. 3808; No. 41, art. 4844; No. 43, art. 5084; No. 49, art. 6070; 2008, No. 9, art. 812; No. 30, art. 3613, art. 3616; No. 52, art. 6235, art. 6236; 2009, No. 1, art. 17, art. 21; No. 19, art. 2270; No. 29, art. 3604, art. 3732; No. 30, art. 3739; No. 46, art. 5419; No. 48, art. 5717.
MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION
FEDERAL PENALTY SERVICE
ABOUT APPROVAL OF THE ORDER
REHABILITATION AND BACK
In accordance with “On social guarantees for employees of certain federal executive bodies and amendments to certain legislative acts of the Russian Federation” (Collection of Legislation of the Russian Federation, 2012, No. 53 (Part I), Article 7608) I order:
1. Approve the attached Procedure for paying employees of the penitentiary system the cost of travel to the place of treatment or medical examination and back, to the place of after-care (rehabilitation) in a medical organization (sanatorium-resort organization) and back, to the place of medical and psychological rehabilitation and back.
2. Entrust control over the execution of the order to the Deputy Director of the Federal Penitentiary Service of Russia, Actual State Counselor of the Russian Federation, 3rd class, O.A. Korshunov.
Director
G.A.KORNIENKO
ORDER
PAYMENTS FOR EMPLOYEES OF THE CRIMINAL PRINCIPAL SYSTEM
COST OF TRAVEL TO THE PLACE OF TREATMENT OR MEDICAL
EXAMINATION AND BACK TO THE PLACE OF FURTHER TREATMENT
(REHABILITATION) IN A MEDICAL ORGANIZATION
(SANATORIUM AND RESORT ORGANIZATION) AND VICE BACK,
TO THE PLACE OF MEDICAL AND PSYCHOLOGICAL
REHABILITATION AND BACK
1. The procedure for paying employees of the penitentiary system the cost of travel to the place of treatment or medical examination and back, to the place of further treatment (rehabilitation) in a medical organization (sanatorium-resort organization) and back, to the place of medical and psychological rehabilitation and back (hereinafter - The procedure) regulates the following issues:
1.1. Payments to employees of the penal system (hereinafter referred to as employees) for travel costs:
to the place of treatment or medical examination and back (in case of referral for treatment or medical examination by a medical commission (military medical commission) of a medical organization);
to the place of follow-up treatment (rehabilitation) in a medical organization (sanatorium-resort organization) of the federal executive body in which employees serve, or the federal executive body in the field of internal affairs, which, in accordance with the legislation of the Russian Federation, provides medical care to employees (hereinafter - authorized federal executive body), and back (in case of referral for further treatment (rehabilitation) by a medical commission (military medical commission) of a medical organization);
to the place of medical and psychological rehabilitation and back.
1.2. Activities of officials of institutions and bodies of the penal system at the employee’s place of duty to pay travel expenses.
2. Employees when paying for travel to the places specified in subclause 1.1 of the Procedure, in accordance with Part 5 “On social guarantees for employees of some federal executive bodies and amendments to certain legislative acts of the Russian Federation” (Collected Legislation of the Russian Federation, 2012, No. 53 (Part I), Article 7608) expenses associated with travel by the following modes of transport are paid: railway, air, water and road transport (except for taxis), personal transport, including: for the use of bedding, for travel in carriages increased comfort, a commission fee for the preliminary issuance of tickets, for payment of additional fees established for transport (with the exception of voluntary insurance fees, as well as other additional services aimed at increasing the passenger’s comfort, including changing the class of the ticket, costs associated with the delivery of tickets, re-issuance of tickets at the initiative of passengers, delivery of luggage, handing over a ticket due to cancellation of a trip (flight) or being late for a train, plane, bus, ship).
3. Travel expenses are paid within the limits of the cost of travel on the shortest or direct route. In case of travel with a break in the route or with a deviation from the shortest route, including by various modes of transport, actual expenses are subject to payment, but not exceeding the cost of travel on the shortest (or direct) route in accordance with the established travel categories. Payment of the fare in this case is carried out on the basis of certificates of the cost of transportation on the selected mode of transport, issued by transport organizations that carried out transportation along the shortest or direct route during the period of departure.
4. Payment of travel costs to employees is carried out by the financial department at the employee’s place of work. To pay travel-related expenses, an employee’s report is submitted to the head of the institution, the body of the penitentiary system, attaching documents confirming the fact of stay in places of treatment, medical examination, after-care (rehabilitation), medical and psychological rehabilitation, and documents confirming actual travel expenses.
5. Documents confirming the fact of stay specified in paragraph 4 of the Procedure include: a certificate from a medical organization (sanatorium and resort organization) of the federal executive body in which employees serve, or the federal executive body in the field of internal affairs, which, in accordance with in accordance with the legislation of the Russian Federation, provides medical care to employees, signed by the head and certified by a seal, or a tear-off voucher for the voucher.
In the case of employees traveling to the place of treatment or medical examination and back, to the place of follow-up treatment (rehabilitation) in a medical organization (sanatorium-resort organization) and back, an additional copy of a certificate from the military medical commission confirming the fact of a medical examination, or a copy of the certificate for obtaining vouchers in form N 070/u-04, approved by order of the Ministry of Health and Social Development of Russia dated November 22, 2004 N 256 “On the Procedure for medical selection and referral of patients for sanatorium-resort treatment” (registered by the Ministry of Justice of Russia on December 14, 2004, registration N 6189) .
6. Documents confirming actual expenses associated with travel include: when traveling by rail - a ticket, an electronic ticket of the established form (electronic multi-purpose document); when traveling by air - a ticket, an electronic ticket of the established form (electronic multi-purpose document), boarding passes, a receipt for various fees; when traveling by water - a ticket for travel along a specific transport route; when traveling by road - a ticket containing the details established by the rules for the carriage of passengers; when traveling by public transport (except taxis) to a railway station, pier, airport and bus station - a ticket containing the details established by the rules for the carriage of passengers; when traveling by personal transport - a certificate of the cost of travel in a compartment carriage of a passenger train, and in the absence of a railway connection - by road.
7. When purchasing tickets issued in book-entry form, documents confirming travel expenses are: cash register receipts; slips, checks of electronic terminals when conducting transactions using a bank card held by an employee; confirmation of the credit institution in which the employee has opened a bank account that allows for transactions using a bank card, about the transaction carried out to pay for a ticket issued in undocumented form, a document confirming the payment for transportation, issued on an approved strict reporting form, equivalent to a cash receipt, other documents established by the legislation of the Russian Federation.
8. If travel documents are lost, payment for travel costs is made upon documentary confirmation of the fact of travel and stay of employees in places of treatment, medical examination, follow-up treatment (rehabilitation), on the basis of documents issued by the transport organizations that carried out the transportation, confirming the costs associated with the transportation of these employees.
9. Payment of travel costs is carried out according to actual expenses, but not higher than the cost of travel for the categories of travel established by the Procedure.
10. Excluded. - Order of the Federal Penitentiary Service of Russia dated 04/06/2015 N 333.
11. Payment of the cost is carried out for the following categories of travel:
11.1. For employees who have special ranks of senior management or occupy positions subject to replacement by persons of senior management:
a) by air - by plane in the first class cabin (business class);
b) by rail - in a 2-seater compartment of a soft carriage on a train of any category;
c) by sea - in a cabin of the first category (group) on a transport line ship;
d) river transport - in a luxury cabin on a transport line ship;
11.2. For employees with special senior management ranks:
a) by air - by plane in economy class cabins;
c) by sea - in a second category cabin on a transport line ship;
d) river transport - in a first category cabin on a transport line ship;
e) by road - in buses with soft reclining seats.
11.3. For employees holding the ranks of private, junior and middle management:
a) by air - by plane in the economy class cabin;
b) by rail - in a 4-seater compartment of a compartment car in a train of any category;
c) by sea - in a third category cabin on a transport line ship;
d) river transport - in a second category cabin on a transport line vessel;
e) by road - in buses with soft reclining seats.
12. If an employee purchases travel documents of a higher category, he is additionally provided with a certificate of the cost of travel documents in accordance with the travel categories provided for in subclauses 11.2, 11.3.
In order to ensure strict execution and uniform application of the provisions of the criminal and criminal procedural legislation of the Russian Federation, prompt response to violations of the constitutional rights and freedoms of man and citizen, compliance with their legitimate interests when resolving reports of crimes, effective implementation of the tasks assigned to the authorized bodies, WE ORDER:
1. Deputy Minister of Internal Affairs of the Russian Federation, Director of the Federal Security Service of the Russian Federation, Chairman of the Investigative Committee of the Russian Federation, Director of the Federal Service of the Russian Federation for Drug Control, Head of the Federal Customs Service, Director of the Federal Penitentiary Service, Minister of Defense of the Russian Federation, Director Federal Bailiff Service - the chief bailiff of the Russian Federation and the chief state inspector of the Russian Federation for fire supervision, as well as lower-level heads of territorial bodies at the district, interregional and regional levels in accordance with the distribution of responsibilities:
1.1. Ensure strict implementation of the criminal procedural legislation of the Russian Federation, interdepartmental and departmental regulatory legal acts regulating the organization of reception, registration and resolution of reports of crimes.
1.2. Take urgent measures to increase the personal responsibility of heads of investigative bodies, heads of bodies (divisions) of inquiry, investigators and interrogators, as well as other officials authorized in accordance with the procedure established by the Criminal Procedure Code of the Russian Federation * (hereinafter referred to as the Code of Criminal Procedure) and other regulations legal acts, to receive, register and verify reports of crimes, for failure to comply with the procedure for their consideration and for making procedural decisions that do not comply with the legislation of the Russian Federation.
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* Collection of legislation of the Russian Federation, 2001, N 52, art. 4921; 2002, N 22, art. 2027; N 30, art. 3015, 3020, 3029; N 44, Art. 4298; 2003, N 27, art. 2700, 2706, 2708; N 28, art. 2880; N 50, art. 4847; 2004, N 11, art. 914; N 17, Art. 1585; N 27, art. 2711; N 49, Art. 4853; 2005, N 1, art. 13; N 23, art. 2200; 2006, N 3, art. 277; N 10, art. 1070; N 23, art. 2379; N 28, art. 2975, 2976; N 31, Art. 3452; 2007, N 1, art. 46; N 16, Art. 1827; N 18, Art. 2118; N 24, Art. 2830, 2833; N 31, Art. 4008, 4011; N 41, art. 4845; N 49, Art. 6033; N 50, art. 6235, 6236, 6248; 2008, N 12, art. 1074; N 24, Art. 2798; N 49, Art. 5724; N 52, Art. 6226, 6235; 2009, N 1, art. 29; N 11, art. 1266, 1267, 1268; N 18, Art. 2145; N 26, Art. 3139; N 29, art. 3613; N 44, Art. 5170, 5173; N 45, art. 5263; N 51, Art. 6161; N 52, Art. 6422, 6453; 2010, N 1, art. 4; N 8, art. 780; N 11, art. 1168, 1169; N 14, art. 1552; N 15, art. 1756; N 17, Art. 1985; N 18, Art. 2145; N 19, Art. 2284; N 21, art. 2525; N 27, art. 3416, 3427, 3428, 3431; N 30, art. 3986, 3989, 4003; N 31, Art. 4164, 4193; N 49, Art. 6412, 6414, 6419; 2011, N 1, art. 16, 39, 45, 46; N 7, art. 901; N 13, Art. 1686, 1687; N 15, art. 2039; N 19, Art. 2712; N 23, art. 3259; N 25, art. 3533; N 29, art. 4285, 4286; N 30, art. 4598, 4601, 4605; N 45, art. 6322, 6323, 6324, 6334; N 48, art. 6730; N 50, art. 7349, 7350, 7361, 7362; 2012, N 10, art. 1162, 1165, 1166; N 24, Art. 3068, 3070, 3071; N 26, Art. 3440; N 31, Art. 4330, 4331, 4332; N 47, art. 6401; N 49, Art. 6752, 6753; N 53, Art. 7634, 7635, 7636, 7637; 2013, N 7, art. 608; N 9, art. 875.
1.3. Organize a systematic analysis of the state of this work in subordinate bodies of inquiry and preliminary investigation bodies. Immediately take comprehensive measures to eliminate identified shortcomings and violations of the law when resolving reports of crimes, the causes and conditions conducive to them, and to prevent them from happening in the future.
1.4. When, based on the results of resolving reports of crimes, illegal or unfounded decisions are made, or non-compliance with accounting and registration discipline, authorized divisions must listen to the heads, as well as other officials of these divisions at meetings, or conduct internal inspections and, based on their results, decide on the issue of bringing the perpetrators to justice as provided for by law.
2. Heads of bodies (divisions)* of inquiry and heads of investigative bodies:
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* The effect of this order applies to the heads of inquiry units insofar as it relates to their competence, established by Article 40.1 of the Code of Criminal Procedure.
2.1. In order to ensure comprehensiveness, completeness and objectivity of checks of reports of crimes and timely adoption of decisions in accordance with the law, organize systematic proactive procedural control over their implementation before the expiration of the period provided for in Article 144 of the Code of Criminal Procedure.
Study the inspection materials being reviewed by subordinate employees before making procedural decisions on them, and, if necessary, give written instructions on carrying out specific inspection actions in order to establish circumstances relevant for making legal, justified and motivated decisions.
2.2. Take comprehensive measures to properly organize checks of reports of crimes and make procedural decisions on them no later than the deadlines established by law.
Extension of the inspection period to 10 days in the manner prescribed by part three of Article 144 of the Code of Criminal Procedure shall be carried out in the presence of factual circumstances that prevent the adoption of a procedural decision no later than 3 days from the date of receipt of the report of the crime.
2.3. When checking the legality and validity of decisions to refuse to initiate criminal proceedings, carefully study the materials of all checks of reports of crimes, establish the completeness and timeliness of their implementation. If necessary, personally receive explanations from interested parties and specialists, as well as applicants who have changed their initial position, with the results of the surveys included in the inspection materials.
When giving consent to the head of the investigative body to make a decision to refuse to initiate a criminal case in connection with a reasoned decision of the prosecutor to send the relevant materials to the preliminary investigation body to resolve the issue of criminal prosecution on the facts of violations of criminal law identified by the prosecutor, made on the basis of paragraph 2 of part two Article 37 of the Code of Criminal Procedure, directly study the collected materials, checking their completeness and compliance of the conclusions about the absence of sufficient grounds for initiating a criminal case with the factual circumstances established during the verification of the crime report.
2.4. Ensure constant monitoring of the sending to the applicant and the prosecutor of copies of decisions to refuse to initiate a criminal case within the period established by law, as well as the inclusion of information confirming compliance with the requirements of part four of Article 148 of the Code of Criminal Procedure to the inspection materials.
The materials of the checks, based on which a decision was made to refuse to initiate a criminal case, in the absence of grounds for its cancellation, should be sent to the supervising prosecutor within a period not exceeding 5 days from the receipt of the relevant request, and if the prosecutor considers the complaint in the manner prescribed by Article 124 of the Code of Criminal Procedure, - within the period specified by him.
If it is impossible to send the inspection materials for objective reasons (for example, if they are lost or located in a remote place), immediately inform the prosecutor about this and at the same time take comprehensive measures to immediately provide him with all the materials necessary to resolve the complaint, using any type of available communication.
For the timeliness of sending and submitting to the prosecutor all inspection materials, as well as copies of decisions to refuse to initiate a criminal case, the heads of the inquiry bodies and the heads of the investigative bodies bear personal responsibility.
2.5. When canceling a decision to refuse to initiate a criminal case, order an additional inspection immediately, and if such a decision is made by the prosecutor, from the moment the inspection materials are received, without violating a reasonable time limit*.
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* See: Determination of the Constitutional Court of the Russian Federation of October 17, 2006 N 425-O “On the refusal to accept for consideration the complaint of citizen Larisa Mikhailovna Zaporozhets about the violation of her constitutional rights by part six of Article 148 of the Criminal Procedure Code of the Russian Federation.”
In order to prevent the issuance of illegal, unfounded and unmotivated decisions based on the results of additional inspections, take their implementation under personal control, excluding cases of procedural decisions being made without the full implementation of these instructions.
3. Heads of the main departments and departments of the General Prosecutor's Office of the Russian Federation, prosecutors of the constituent entities of the Russian Federation, cities and regions, other territorial, military prosecutors equivalent to them and prosecutors of other specialized prosecutor's offices, as well as their deputies, senior assistants and assistants in the specified area of activity:
3.1. Organize registration and constantly carry out a unified record of copies of decisions to refuse to initiate a criminal case and materials of inspections of reports of crimes received by the prosecutor's office separately for the preliminary investigation body according to the serial number assigned to each registered report of a crime.
In pursuance of the requirements of the orders of the Prosecutor General of the Russian Federation, decisions taken in the course of exercising supervisory powers must be reflected separately by department in the relevant accounting books.
3.2. Ensure a comprehensive, complete and objective verification of the legality and validity of all decisions to refuse to initiate criminal proceedings within no later than 5 days from the receipt of materials from verifications of reports of crimes.
For these purposes, immediately send (if necessary, by fax or other means of communication) to the heads of the inquiry bodies and the heads of the investigative bodies, motivated written requests for the submission of verification materials for study in connection with the receipt of the relevant copies of decisions to refuse to initiate a criminal case.
Be guided by the criminal procedural legislation of the Russian Federation, Federal Law of January 17, 1992 N 2202-1 "On the Prosecutor's Office of the Russian Federation" * and organizational and administrative documents of the Prosecutor General of the Russian Federation on the organization of prosecutorial supervision over the procedural activities of inquiry bodies and preliminary investigation bodies, fully implementing all granted powers.
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* Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 8, art. 366; Collection of Legislation of the Russian Federation, 1995, No. 47, Art. 4472; 1999, N 7, art. 878; N 47, art. 5620; 2000, N 2, art. 140; 2001, N 1, art. 2; N 53, Art. 5018, 5030; 2002, N 26, art. 2523; N 30, art. 3029; N 40, art. 3853; 2003, N 27, art. 2700; 2004, N 35, art. 3607; 2005, N 29, art. 2906; N 45, art. 4586; 2007, N 10, art. 1151; N 24, Art. 2830; N 31, Art. 4011; 2008, N 52, art. 6235; 2009, N 29, art. 3608; N 48, art. 5753; 2010, N 27, art. 3416; 2011, N 1, art. 16; N 7, art. 901; N 45, art. 6327; N 46, art. 6407; N 48, art. 6730; 2012, N 50, art. 6954; N 53, Art. 7609.
3.3. If doubts arise about the objectivity of the circumstances set out in the inspection materials, take the necessary measures to eliminate existing significant contradictions that impede the adoption of a legal, justified and motivated decision.
Having recognized the decision to refuse to initiate a criminal case as illegal or unfounded, no later than 5 days from the moment the relevant prosecutor receives the materials for verifying the report of a crime, issue a reasoned decision to cancel it, which indicates specific circumstances that are subject to additional verification, violations of the legislation on criminal proceedings.
Materials for checking a report of a crime, for which the decision to refuse to initiate a criminal case is recognized as legal and justified, must be returned as appropriate within up to 5 days from the date of making this decision with a covering letter containing information about agreement with the conclusions about the lack of sufficient data indicating signs of a crime.
4. Prosecutors of cities and districts, other territorial, equivalent military prosecutors and prosecutors of other specialized prosecutor's offices shall submit quarterly to the higher prosecutor's office information on the nature and number of procedural decisions recognized by the court in the manner prescribed by Article 125 of the Code of Criminal Procedure as illegal or unfounded.
In the memos, indicate the reasons for non-fulfillment or improper performance of official duties during the verification of decisions taken at this pre-trial stage of criminal proceedings (on the refusal to initiate a criminal case, on the initiation of a criminal case against a specific person, on the transmission of a report of a crime under jurisdiction in accordance with Article 151 of the Code of Criminal Procedure, and in criminal cases of private prosecution - to the court in accordance with part two of Article 20 of the Code of Criminal Procedure, on refusal to accept a report of a crime, etc.), capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings or other persons whose rights and legitimate interests are violated, or impede citizens’ access to justice, as well as report on measures taken to eliminate them.
5. Prosecutors of the constituent entities of the Russian Federation, equivalent military prosecutors and prosecutors of other specialized prosecutors' offices, summarize the results of activities in this area and analyze its status at least twice a year. If omissions are identified in the exercise of supervisory powers at the specified stage of the criminal process, if there are sufficient grounds, resolve the issue of the responsibility of the guilty officials.
Send reports to the relevant units of the Prosecutor General's Office of the Russian Federation and the Main Military Prosecutor's Office on the results of the analysis of the state of work on monitoring the legality of procedural actions and decisions made when resolving reports of crimes and prosecutorial response measures in the manner established by the order of the Prosecutor General of the Russian Federation regulating the activities of organization of prosecutorial supervision over the implementation of laws when receiving, registering and resolving reports of crimes in the bodies of inquiry and preliminary investigation bodies.
The reports should separately reflect the most typical examples of violations of the legislation of the Russian Federation committed during the reception, registration and resolution of reports of crimes, as well as inform about established facts of refusal to accept reports of crimes and the effectiveness of response measures taken by prosecutors.
6. The structural units of the General Prosecutor's Office of the Russian Federation and the Main Military Prosecutor's Office, providing supervision over the preliminary investigation and inquiry, every six months carefully and comprehensively check, summarize and analyze information on the fulfillment of the requirements of the federal law when receiving, registering and resolving reports of crimes in the manner prescribed the organizational and administrative document named in paragraph 5 of this order.
7. Deputy Prosecutor General of the Russian Federation, Minister of Internal Affairs of the Russian Federation, Director of the Federal Security Service of the Russian Federation, Chairman of the Investigative Committee of the Russian Federation, Director of the Federal Service of the Russian Federation for Drug Control, Head of the Federal Customs Service, Director of the Federal Penitentiary Service, Minister Defense of the Russian Federation, the director of the Federal Bailiff Service - the chief bailiff of the Russian Federation and the chief state fire inspector of the Russian Federation to organize familiarization of subordinate employees with this order and ensure control over its implementation.
You should be guided by the Resolution of the Government of the Russian Federation adopted in its place dated May 15, 2010 N 337.
1. Approve the attached Procedure for certification of teaching staff of state and municipal educational institutions.
2. Establish that the qualification categories assigned to teaching and management employees of state and municipal educational institutions before the entry into force of the Procedure for Certification of teaching employees of state and municipal educational institutions are preserved for the period for which they were assigned.
3. Introduce the Procedure for certification of teaching staff of state and municipal educational institutions into force from January 1, 2011.
4. Recognize as invalid from January 1, 2011 Order of the Ministry of Education of the Russian Federation dated June 26, 2000 N 1908“On approval of the Regulations on the procedure for certification of teaching and management employees of state and municipal educational institutions” (registered by the Ministry of Justice of the Russian Federation on July 24, 2000, registration No. 2322. Bulletin of normative acts of federal executive authorities, 2000, No. 32).
5. Control over the implementation of this Order shall be entrusted to Deputy Minister Kalina I.I.
Minister
A.FURSENKO
Application
APPROVED
By order of the Ministry of Education
and science of the Russian Federation
dated March 24, 2010 N 209
ORDER
CERTIFICATIONS OF TEACHING STAFF OF STATE AND MUNICIPAL EDUCATIONAL INSTITUTIONS
I. General provisions
1. This procedure for certification of teaching staff of state and municipal educational institutions (hereinafter referred to as the Regulations) determines the rules for conducting certification of teaching staff<*>state and municipal educational institutions implementing basic educational programs of preschool, primary general, basic general, secondary (complete) general education, primary vocational and secondary vocational education, as well as additional educational programs (hereinafter referred to as teaching staff, educational institutions, educational programs, respectively)<**>.
<*>Teaching staff include persons occupying positions classified as professional qualifications. group positions of teaching staff, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated May 5, 2008 N 216n "On approval of professional qualification groups of positions for educational workers" (registered by the Ministry of Justice of the Russian Federation on May 22, 2008, registration N 11731. "Rossiyskaya Gazeta" ", 2008, N 113).
<**>Certification of employees holding scientific and pedagogical positions is carried out in accordance with Regulations on the procedure for certification of employees holding positions of scientific and pedagogical workers, approved by Order of the Ministry of Education and Science of the Russian Federation dated August 6, 2009 N 284 “On approval of the Regulations on the procedure for certification of employees holding positions of scientific and pedagogical workers” (registered by the Ministry of Justice Russian Federation September 15, 2009, registration N 14772, Bulletin of normative acts of federal executive authorities, N 40, October 5, 2009).
2. Certification is carried out in order to establish compliance of the level of qualifications of teaching staff with the requirements for qualification categories (first or highest), or to confirm the compliance of teaching staff with the positions they occupy based on an assessment of their professional activities.
3. The main objectives of certification are:
stimulating targeted, continuous improvement of the level of qualifications of teaching staff, their methodological culture, personal professional growth, and their use of modern pedagogical technologies;
increasing the efficiency and quality of teaching work;
identifying prospects for using the potential capabilities of teaching staff;
taking into account the requirements of federal state educational standards for personnel conditions for the implementation of educational programs when forming the personnel of educational institutions;
determining the need to improve the qualifications of teaching staff;
ensuring differentiation of the level of remuneration for teaching staff.
4. The main principles of certification are collegiality, transparency, openness, ensuring an objective attitude towards teaching staff, and inadmissibility of discrimination during certification.
II. Formation of certification commissions, their composition and work procedure
5. Certification of teaching staff of educational institutions of a constituent entity of the Russian Federation and municipal educational institutions is carried out by an attestation commission formed by the executive body of the constituent entity of the Russian Federation exercising management in the field of education; certification of teaching staff of federal state educational institutions - by a certification commission formed by the federal executive authorities under whose jurisdiction they are (hereinafter referred to as the federal executive authorities).
6. The certification commission, consisting of the chairman of the commission, deputy chairman, secretary and members of the commission, is formed from among representatives of federal government bodies, government bodies of constituent entities of the Russian Federation, local governments, trade unions, scientific organizations and public associations, self-government bodies of educational institutions ( councils of educational institutions, boards of trustees, pedagogical councils, etc.) and employees of educational institutions.
The personal composition of the certification commission is approved by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation that carries out management in the field of education.
To carry out certification in order to confirm the suitability of a teaching worker for the position held, a representative of the elected body of the corresponding primary trade union organization of the educational institution in which the given teaching worker works (another trade union representative authorized by the primary trade union organization of the educational institution) must be included in the certification commission.
7. To conduct certification in order to establish compliance of the level of qualifications of a teaching worker with the requirements for qualification categories (first or highest), the certification commission creates expert groups to carry out a comprehensive analysis of the results of the professional activity of a teaching worker and prepare an appropriate expert opinion for the certification commission.
8. The composition of the certification commission and expert groups is formed in such a way as to exclude the possibility of a conflict of interest that could affect the decisions made by the certification commissions.
9. A meeting of the certification commission is considered valid if at least two thirds of its members are present.
10. A teaching worker has the right to personally be present during his certification at a meeting of the certification commission, of which he notifies the certification commission in writing. If a teacher fails to appear at a meeting of the certification commission without a valid reason, the commission has the right to conduct certification in his absence.
11. The decision by the certification commission is made in the absence of the teacher being certified by open voting by a majority vote of the members of the certification commission present at the meeting. If there is an equal number of votes among members of the certification commission, it is considered that the teacher has passed the certification.
When undergoing certification, a teacher who is a member of the certification commission does not participate in voting on his candidacy.
The results of the certification of a teacher directly present at the meeting of the certification commission are communicated to him after the voting results are summed up.
12. The work schedules of certification commissions are approved annually by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education.
13. The decision of the certification commission is documented in a protocol, which comes into force from the date of signing by the chairman, deputy chairman, secretary and members of the certification commission who took part in the voting, and is entered into the certification sheet of the teaching worker.
In the certification sheet of a teaching worker, if necessary, the certification commission enters recommendations on improving the professional activity of a teaching worker, on the need to improve his qualifications, indicating his specialization, and other recommendations.
If the certification sheet contains the specified recommendations, the employer, no later than one year from the date of certification of the teaching worker, submits to the certification commission information on the implementation of the recommendations of the certification commission on improving the professional activities of the teaching worker.
14. The decision of the certification commission on the results of certification of teaching staff is approved by an administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education. For teaching staff in respect of whom the certification commission has decided that their level of qualifications meets the requirements for the first (highest) qualification category, the corresponding qualification category is established by the specified administrative act.
15. The certification sheet and an extract from the administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation exercising management in the field of education, are sent to the teacher’s employer no later than 30 calendar days from the date of the decision of the certification commission for the employee to familiarize themselves with them under painting and making decisions in accordance with the Labor Code code Russian Federation<*>.
<*>Collection of Legislation of the Russian Federation, 2002, No. 1, Art. 3; N 30, art. 3033; 2003, N 27, art. 2700; 2004, N 18, art. 1690; N 35, art. 3607; 2005, N 1, art. 27; N 19, Art. 1752; 2006, N 27, art. 2878; N 52, Art. 5498; 2007, N 1, art. 34; N 17, Art. 1930; N 30, art. 3808; N 41, art. 4844; N 43, art. 5084; N 49, Art. 6070; 2008, N 9, art. 812; N 30, art. 3613, art. 3616; N 52, Art. 6235, art. 6236; 2009, N 1, art. 17, art. 21; N 19, Art. 2270; N 29, art. 3604, art. 3732; N 30, art. 3739; N 46, art. 5419; N 48, art. 5717.
The certification sheet, an extract from the administrative act of the federal executive body, the executive body of the constituent entity of the Russian Federation that carries out management in the field of education, are stored in the personal file of the teacher.
16. A teaching worker has the right to appeal the results of certification in accordance with the legislation of the Russian Federation.
III. The procedure for certification of teaching staff in order to confirm compliance with the position held
17. Certification in order to confirm the suitability of teaching staff for the position held is carried out once every 5 years in relation to teaching staff who do not have qualification categories (first or highest).
18. The following are not subject to certification:
teaching staff who have worked in their position for less than two years;
pregnant women; women on maternity leave; teaching staff who are on parental leave until the child reaches the age of three. Certification of these employees is possible no earlier than two years after their return from the specified vacations.
19. The basis for certification is the employer’s submission (hereinafter referred to as the submission).
20. The submission must contain a motivated, comprehensive and objective assessment of the professional, business qualities of the teaching staff, the results of his professional activities based on the qualification characteristics for the position held, information about the teaching staff’s advanced training, including in the direction of the employer, for the period preceding the certification, information about the results of previous certifications.
The teacher must be familiarized with the submission by the employer against signature no later than a month before the date of certification. After reviewing the submission, the teacher has the right to submit to the certification commission his own information characterizing his work activity for the period from the date of the previous certification (in the case of initial certification - from the date of entry to work), as well as a statement with appropriate justification in case of disagreement with the employer’s presentation.
21. Information about the date, place and time of certification is brought to the attention of teaching staff subject to certification in writing by the employer no later than a month before it begins.
22. During certification, teaching staff undergo qualification tests in writing on issues related to their teaching activities in their position.
23. Based on the results of certification of a teaching employee in order to confirm compliance with the position held, the certification commission makes one of the following decisions:
corresponds to the position held (the position of the employee is indicated);
does not correspond to the position held (the employee’s position is indicated).
24. If, based on the results of certification, a teaching worker is recognized as unsuitable for the position held due to insufficient qualifications, the employment contract with him may be terminated in accordance with paragraph 3 Part 1 of Article 81 of the Labor Code of the Russian Federation<*>. Dismissal on this basis is permitted if it is impossible to transfer a teaching employee with his written consent to another job available to the employer (both a vacant position or work corresponding to the employee’s qualifications, and a vacant lower position or lower-paid job), which the employee can perform taking into account his condition health (part 3 of article 81 of the Labor Code of the Russian Federation<*>).
26. The timing of certification for each teaching worker is established by the certification commission individually in accordance with the schedule. When drawing up the schedule, the validity periods of previously established qualification categories must be taken into account.
27. The duration of certification for each teaching worker from the beginning of its implementation until the decision of the certification commission is made should not exceed two months.
28. The qualification category for teaching staff established on the basis of certification is valid for five years.
29. Teaching staff may apply to the certification commission for certification to establish compliance of their level of qualifications with the requirements for the highest qualification category, no earlier than 2 years after the establishment of the first qualification category.
30. The first qualification category may be established for teaching staff who:
make a personal contribution to improving the quality of education based on improving teaching and educational methods;
have stable results in the development of educational programs by students and pupils and indicators of the dynamics of their achievements are above average in the constituent entity of the Russian Federation.
31. The highest qualification category may be established for teaching staff who:
have the established first qualification category;
master modern educational technologies and methods and effectively apply them in practical professional activities;
have stable results in the development of educational programs by students and pupils and indicators of the dynamics of their achievements are above average in the constituent entity of the Russian Federation, including taking into account the results of participation of students and pupils in all-Russian and international olympiads, competitions, competitions;
make a personal contribution to improving the quality of education based on improving teaching and upbringing methods, innovative activities, in the development of new educational technologies and actively disseminate their own experience in the field of improving the quality of education and upbringing.
32. Based on the results of the certification, the certification commission makes one of the following decisions:
a) the level of qualification (position indicated) meets the requirements for the first (highest) qualification category;
b) the level of qualification (position indicated) does not meet the requirements for the first (highest) qualification category.
33. When the certification commission makes a decision on the non-compliance of the qualification level of a teaching worker with the requirements for the highest qualification category, he retains the first qualification category until the end of its validity period.
34. Qualification categories are preserved when a teaching worker moves to another educational institution, including one located in another constituent entity of the Russian Federation, during its validity period.