In everyday life, there are often cases of Russian citizens filing complaints with one or another institution. Their main reason is dissatisfaction with the actions of government bodies and their individual employees.
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Each specific conflict situation is considered individually, taking into account the circumstances of the case.
What you need to know
Every Russian citizen has the right to file a claim if his constitutional rights are violated or legitimate interests are affected.
In an official appeal, citizens express dissatisfaction with the specific fact of their violation and a request to eliminate injustice.
For example, a parental complaint against a teacher at an educational institution. At the same time, the rights and interests of their minor children are protected.
Required terms
The term “complaint” refers to a public document that contains a written demand to eliminate violations of rights and legitimate interests.
It is sent to the authorized bodies, which consider it for the purpose of performing state functions. For example, a complaint against law enforcement agencies is submitted to the main department of the Ministry of Internal Affairs of the Russian Federation.
For what purpose is it created?
The complaint is filed to restore violated rights and legitimate interests, as noted in the regulations of legislative acts.
As a rule, they are violated as a result of the actions or inaction of educational employees or their rude attitude towards children. For example, a teacher constantly insults a student at school.In this situation, the parent or person in his place must ensure the protection of the constitutional rights of the minor citizen, which includes filing a complaint.
The legislative framework
The regulation of legal relations arising between an educational institution and students, their legal representatives is carried out by the instructions of the Decree of the Government of the Russian Federation “On approval of the Model Regulations on a General Educational Institution”.
The act was issued on March 19, 2001, number 196. General and specific issues of the educational process are provided for by the legislator in the Federal Law “On Education in the Russian Federation”.
The act was issued on December 29 December 29, 2002 under number 273-FZ. In addition, they are explained in certain current regulations.
The fundamental one is the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.” The act was issued on May 2, 2006 under the number 59-FZ. it regulates the issue regarding the consideration of citizens' appeals, is.
It explains the principle of restoration and protection of violated rights and freedoms of Russian citizens whose rights have been violated.
The right of their appeal to state bodies and municipalities is guaranteed by the provisions of Article 33 of the Constitution of the Russian Federation. Each citizen of the Russian state is endowed with certain subjective powers.
These include not only filing a complaint about the restoration or protection of violated rights, freedoms or legitimate interests, but also receiving a response to it.
The procedure for considering complaints from citizens by the prosecutor or the head of the investigative body is established by the instructions of Article 124 of the Criminal Procedure Code of the Russian Federation.
Submission order
An interested person can obtain advice on filing a complaint from either a government lawyer or a private one.
But he must have a professional license issued by the Ministry of Justice. The regulations of Federal Law No. 59-FZ define the requirements that a letter containing a complaint must meet.
Which department can I write applications to?
An interested person can complain against any educational institution for its actions or inaction in order to protect the interests of his child.
The city or district education department is the first instance of citizens' appeals.
A complaint is submitted to it when a conflict situation arises between the school management and parents. If the body does not respond to it, then it must be submitted to a higher authority to which it is subordinate.
A complaint can be submitted in the following ways:
- upon a personal visit to the authorized body;
- through the official website of the relevant departments and ministries, within the structure of which the authorized bodies are formed;
- send by Russian post.
As a rule, the appeal body is obliged to give a written response to the person who applied within the prescribed time. It must indicate the measures taken or a reasoned refusal to consider the complaint.
In such a situation, it can be sent to a higher authority, which is authorized by the legislator.
Citizens should keep in mind that the review procedure by the authorized body is free. The norm is enshrined in the provisions of Federal Law No. 59-FZ.
To the Ministry
If the department does not take action against him, then you should contact the Ministry of Education and Science of the Russian Federation. A special department, Rosobrnadzor, has been created within its structure to consider written complaints received from citizens.
He exercises control over situations where teaching staff:
- show negligence towards students;
- exceed their authority;
- incompetent in academic disciplines.
They must take into account that any complaint must be supported by relevant documents and testimony.
To the Department
A parent has the right to file a complaint against the head of the kindergarten in the order of subordination to the department of education at his place of residence.
The same applies to a complaint against the school principal. The legislator allows its submission online through the websites of authorized bodies.
It states:
- personal data of the person filing the complaint;
- the essence of the requirements, the claims being made are described;
- E-mail address.
Residents of the capital can file a complaint through the official website of the Moscow Department of Education. The user must register on the site and gain access to his personal account.
The measure allows you to fill out a special form placed in it. As a rule, the response is sent to the email specified in the complaint.
Documents confirming the illegality of the actions of the educational institution are attached to it. A sample complaint against a school to the court and the Department of Education is available.
How to write an application correctly (sample)
Parents can submit a sample complaint against the school to the Department of Education; the application must contain a succinctly expressed request of the applicant.
The legislator has not introduced a standard regarding its unified form, so it is written in any form.
Photo: sample complaint to the education department
A prerequisite is compliance with the rules of office work, the absence of grammatical errors, blots and corrections. If you have difficulty writing a complaint, you can get advice from an experienced lawyer.
The complaint must contain:
- name of the circulation authority, its legal address;
- personal data of the applicant;
- information about the person in respect of whom it is directed;
- detailed description of the conflict;
- reasons for filing it, links to relevant legislative acts, requirements;
- deadline for making a decision;
- method of notification of the decision made;
- list of documents attached to the complaint;
- date and signature of the person applying.
A complaint will not be considered if it does not include the personal and contact information of the sender. They must be written in full without abbreviations, and the signature on the complaint must be deciphered.
In what cases can you apply (school, kindergarten)
Any violation of the rules of staying in a school or kindergarten, infringement of the civil rights and freedoms of children may become grounds for filing a complaint against teachers and educators.
It should be submitted if the teacher:
- exceeds his official authority;
- unreasonably lowers the grade of a student;
- collects money from parents forcibly;
- will subject the student to moral and mental violence;
- humiliates the dignity and honor of the child.
If a fact of violence against minor children is revealed, a complaint can be filed with the prosecutor’s office at the place of residence, which makes a final decision on the case, or a statement of claim can be filed with a judicial authority.
Deadline for the Department of Education to respond to a complaint
In accordance with the instructions of Federal Law No. 59-FZ, it must be reviewed within 3-7 days. For example, in the city of St. Petersburg, a complaint in the education department must be registered within 3 days.
As for the response to the complaint, it is issued within 30 calendar days, counted from the date of registration of the complaint in the incoming information book. The norm is provided by the legislator in Article 12 of Federal Law No. 59-FZ.
The prosecutor's office must respond to citizens' appeals within 3 days, counted from the date of its registration by the office of the authority. The applicant must be notified in writing of the measures taken.
The applicant's son studies at school. His performance in all general education subjects is at the required level. Due to the fact that he is not an excellent student, moral and psychological pressure comes from the school management and the class teacher, both on the child and on the applicant. The applicant asks to conduct an investigation based on the stated arguments, to bring to justice those responsible for violating the rights of the child, and to provide assistance in restoring the violated rights.
To the Department of Education of ___________,
_______________________________
address: _______________________________
COMPLAINT
Education is understood as a purposeful process of upbringing and training in the interests of an individual, society, and the state, accompanied by a statement of the achievement by a citizen (student) of educational levels (educational qualifications) established by the state.
The receipt of education by a citizen (student) is understood as the achievement and confirmation of a certain educational qualification, which is certified by the appropriate document.
The right to education is one of the fundamental and inalienable constitutional rights of citizens of the Russian Federation.
My son, _______________________, is a student of __ class of State Educational Institution Secondary School No.____ in Moscow.
My son’s performance in all general education subjects is at the required level. He may not be a gifted child, but he is not a failure either.
Due to the fact that ___________________ is not an excellent student, moral and psychological pressure comes from the school management and the class teacher, both on the child and on us his parents.
Constant teacher councils, to which we and our child are called, during which constant reproaches are expressed that our child’s academic performance is not at the highest level, that the school needs excellent students, and he spoils the performance statistics of the said school. We and the child are constantly being told that he will not be able to pass the exam to pass the state final certification with the highest scores; his place is not in a secondary school, but his place is in a vocational school or military school.
In our country, in accordance with the Law of the Russian Federation “On Education,” general education is compulsory.
However, my son is not allowed to receive even a complete secondary education; they are forced to take away his documents from school and enroll him in a vocational school or a military school.
According to paragraph 4 of Article 19 of the Law “On Education”, the requirement of compulsory general education in relation to a specific student remains in force until he reaches the age of eighteen years, if the corresponding education has not been received by the student earlier.
And only with the consent of parents (legal representatives), the commission for minors and the protection of their rights and the local government body that manages the field of education, a student who has reached the age of fifteen years can leave a general educational institution until receiving general education.
Our family is not disadvantaged; we monitor the process of our son’s education, as well as his upbringing.
My son is not a poor student, he doesn’t miss lessons at school, he prepares his homework every day, and he is not registered with either the children’s room of the police or the psychoneurological dispensary.
According to clause 7 of Article 19 of the Law “On Education”, by decision of the governing body of an educational institution, for repeated gross violations of the charter of an educational institution, a student who has reached the age of fifteen years is allowed to be expelled from this educational institution.
Expulsion of a student from an educational institution is applied if educational measures have not produced results and the student’s continued stay in the educational institution has a negative impact on other students, violates their rights and the rights of employees of the educational institution, as well as the normal functioning of the educational institution.
However, our son has no violations of the regulations of the general education institution, and insufficiently high scores are not grounds for his transfer from the State Educational Institution Secondary School or for expulsion from school.
The decision to expel a student who has not received general education is made taking into account the opinion of his parents (legal representatives) and with the consent of the commission for minors and the protection of their rights (Article 19 of the Law of the Russian Federation “On Education”).
Thus, the actions of the director of the State Educational Institution Secondary School No.____ and the class teacher to force the transfer of ___________________ to a vocational technical school or to a military school are illegal.
According to Article 28 of the Law “On Education”, the powers of federal government bodies in the field of education also include ensuring state guarantees of the rights of citizens in the field of education.
The mission of the Moscow Department of Education is the implementation of state policy to ensure the constitutional right of citizens to education.
One of the tasks of the Department is to exercise the powers of the Russian Federation in the field of education in relation to state educational institutions and non-state educational organizations, regardless of organizational and legal forms and departmental subordination, located on the territory of the city of Moscow (with the exception of educational institutions and organizations in respect of which the functions of supervision and control fall within the competence of federal executive authorities), including:
control of the quality of education, including the quality of training of students and graduates, in accordance with federal state educational standards in educational institutions and organizations of the city of Moscow, for all educational programs they implement;
licensing and state accreditation of educational institutions and organizations in the city of Moscow for all educational programs they implement;
supervision and control over compliance with federal legislation and the legislation of the city of Moscow in the field of education by educational institutions and organizations of the city of Moscow.
The Constitution of the Russian Federation provides for my right to apply personally, as well as to send individual and collective appeals to state and local government bodies (Article 33 of the Constitution of the Russian Federation.
In accordance with Article 2 of the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials . Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.
A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal (Article 12 of the above Law).
Based on the above, guided by Articles 1, 19, 28 of the Law of the Russian Federation “On Education”,
Consider this complaint and take appropriate response measures.
Conduct an investigation based on the arguments I have presented, bring to justice those responsible for violating my rights, and assist in restoring my violated rights.
You are kindly requested to report the results of the consideration of the complaint to the above address within the time limits established by law.
Attachment: a copy of the certificate from the police nursery;
a copy of a certificate from the juvenile affairs department;
a copy of a certificate from a psychoneurological dispensary.
"___"___________________ G. _______________ /______________/
Gennady Tikhonov
Articles written
Often citizens of the Russian Federation encounter troubles and problems in the field of education and often they do not know how to deal with violations of their own interests and constitutional rights. If you become a victim or witness corruption at school, your child is discriminated against when assessing knowledge, he is humiliated by teachers, you need to write a letter to the Department that controls the work of educational institutions.
A complaint to the Ministry of Education and Science of the Russian Federation will become an effective lever of influence on an incompetent educator, an unprofessional teacher or a corrupt school director. On the territory of the Moscow, Penza region, as well as other regions of the country, there is its own Department of Education, where you should write a statement if the rights of your child are violated by employees of this industry. Not every citizen of the Russian Federation knows how to correctly write a letter of complaint, therefore, in order to avoid common mistakes when drawing up a document, you need to seek help from an experienced lawyer.
Competent specialists know all the “sharp corners” of the legislation and will help you get around them. Consultations from the best legal experts are available on our portal around the clock. Professionals will study the issue remotely and promptly provide an individual solution to the problem. The lawyer will tell you how to draw up an application to the Department of Education of the Moscow or Penza region, as well as other regions of the Russian Federation, answer questions from citizens, and prepare a sample letter. You can contact our consultants online and by phone.
Before writing an application to the Ministry, it is necessary to understand all the circumstances of the conflict and find out whether the issue is within the jurisdiction of the Department of Education. Most often, employees of the Ministry of the Moscow and Penza Region today receive complaints from citizens related to abuse of official position, psychological violence, bribes in schools, kindergartens, and universities.
The legislation of the Russian Federation establishes that initially controversial issues should be resolved at the local level. If a conflict arises at school, talk to the director of the educational institution, or contact the city or district Department of Education.
There are two ways to make an application for educational employees - electronically through the website and on paper. The Department of Education in the Moscow and Penza regions, as well as other regions of the country, has an official portal where anyone can leave their message, statement, complaint or demand. The site will allow citizens to save time, effort, nerves and money, as well as avoid long queues in front of officials’ offices.
You can also write an application and send it to the Department of Education of Moscow, Penza or another region by mail. The address of the institution can be found on the website of the Ministry of Education and Science in your region. Filing complaints is completely free.
Structure and features of a complaint to the Department of Education
When sending a claim by mail or via the website, you must remember that the application must comply with legal norms and requirements. You can ask a lawyer to draw up a document correctly or take a sample complaint from him, which will help you draw up your appeal by analogy. When addressing the head of the educational sector of the Moscow, Penza or other region, it is necessary to present all the facts as briefly and meaningfully as possible. You must not make mistakes in the document, make corrections, or use profanity or emotional expressions.
The application to the Department of Education of the Moscow, Penza and other regions does not have a strict form. It is enough that the document contains the following details:
- name of the structure and head of the department;
- personal data of the applicant;
- description of the problem;
- references to legislation that are violated by the actions of employees of an educational institution;
- requirements to eliminate illegal actions;
- date and signature.
Where can you complain about educational institutions?
The school principal and teachers are the people children should look up to. In turn, children want to feel support from them, and if necessary, protection. Who else but a teacher can a child turn to with a problem that has arisen?
During school years, the child’s psyche is very fragile and it is still possible to withstand the pressure from peers, to find ways to try, but to cope with humiliation, unreasonable pickiness, insults in front of the whole class from teachers is no longer possible for a child.
How to help your child, protect him from injustice and prevent him from committing bad, rash acts in response?
The complaint will help in resolving the following issues: eliminating the school’s unlawful actions, correcting shortcomings in work and taking care of the safety and health of students.
In this article you can learn how to correctly file a complaint and actions that guarantee a solution to this issue.
Cases in which it is worth writing complaints
Let us outline the reasons why you can write a complaint:
- Receiving an injury during the educational process;
- Violence towards a child from other children;
- Excessive demands on the part of the teacher for one of the students;
- Threats and humiliation, violation of the rights and freedoms of the student;
- Bias on the part of teachers.
Anonymous complaint
There are cases when the school's education department receives complaints from unknown persons. This happens for the reason that parents are afraid for the further education of their child.
Is it possible that such a statement will be accepted? According to existing rules, such a statement cannot be accepted.
As directed, such a letter must have a sender, who can subsequently be informed of the decision of the review and the actions taken.
However, there are exceptions to the rules. If this statement contains serious offenses, then the Department of Education has no right not to respond.
Complaint form
A person who represents the interests of a child or an entire team, as well as representatives of children, can file a complaint with the Department of Education.
If you combine the efforts of several representatives, there is a greater likelihood that the application will not be ignored. In this situation, the body authorized to solve the problem understands that if the parents are united, they are unlikely to back down.
A collective complaint against a school is more effective. So, if some unpleasant situation has occurred with a child or there are violations at school that require writing a complaint to the Department of Education, you should meet with other parents and discuss this topic. Maybe they are also worried about the situation at school and are unhappy with what is happening. By joining forces, the result will not be long in coming.
Where to file a complaint?
The school principal may be the first person to file a complaint. He is interested in resolving the conflict and will help resolve the issue within the school.
If your appeal to the school principal is unsuccessful, you should contact the following authorities. You should not stop, because one bad deed will be followed by the next and the consequences may not be comforting.
The following authorities are responsible for the management of school institutions:
Department of Education, RONO, City Education Department, Department of Education, Ministry of Education (should be contacted only after the department refuses or if the process is greatly delayed)
If the essence of the problem is poor quality services from the staff, collecting money for unknown expenses, violating sanitary standards at school is necessary.
For questions regarding the educational process, also contact Rospotrebnadzor.
The Ombudsman is located at the school and is a specialist in protecting the rights and freedoms of children. It is he who should be contacted with a complaint, and he will then go to the relevant authorities. However, this specialist will first insist on resolving the issue or decision within the school walls. Since he receives a salary from the administration of the educational institution and there is no need for unnecessary noise.
There are cases that require direct contact with the prosecutor's office. The grounds may include a threat to the physical and mental health of the child.
Sample complaint
At the beginning of the document, the name of the organization, position, and full name of the director are written.
Report all copies that were previously written. To resolve the issue more quickly, it is better to send a copy to the school principal.
Step back a little and write the word “Complaint” in the middle of the sheet.
Next, describe in detail the reason for the appeal, pay very close attention to the correct spelling of the educational institution to which the complaint is directed, the names of the responsible persons, and the names of the victims. Also, the one who writes the application must indicate who he is related to the child.
When contacting the organization, you need to politely ask to take the necessary measures to solve the problem.
The document must be signed and the date of writing indicated.
After filing a complaint against a school, you should receive a document confirming that the application has been accepted and will be reviewed in the near future.
Consequences of filing a complaint
A written complaint entails a result. Liability involves punishing a specific employee or even a group of people.
But in order for liability to arise, the case must be carefully considered. It is expected to find out all the circumstances and talk with all the people who can somehow explain the situation.
Punishment will follow if guilt is proven. The form of punishment can be different, the simplest is a reprimand, and the most serious is going to court.
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