INTRODUCTION ................................................. .................................................. ........... 5
THEORETICAL BASES OF PSYCHOLOGICAL AND PEDAGOGICAL MEDICAL SOCIAL SUPPORT OF THE CHILD'S DEVELOPMENT………… 7
Basic concepts and principles of maintenance ………………. nine
Accompanying a child in educational institutions 19
The main stages of individual support ………………………… 21
The main stages of system maintenance .......................... 22
High-quality diagnostics as a foundation for maintenance ..................... 23
ORGANIZATION AND CONTENT OF PSYCHOLOGICAL AND PEDAGOGICAL MEDICAL AND SOCIAL SUPPORT IN PRESCHOOL EDUCATIONAL
ESTABLISHMENT.................................................................................................. 27
The concept of escorting in a preschool educational institution .............................................. ........ 29
Organization of the activities of the escort service .......... 31
Organization of diagnostics in the tracking system ... 36
Organization of psychological, medical and pedagogical
councils ................................................. .................................................. ..... 39
Organization of follow-up records ............................................... ............... 43
SUPPORT OF CHILDREN OF RISK GROUP"................... 45
General information ................................................ .............................................. 47
SOMATICALLY Weakened Children and Their Accompanying 52
Accompanying an aggressive child ......................................... 60
Diagnostics of an aggressive child ............................................ 65
Directions for accompanying an aggressive child ... 68
Methods of accompanying an aggressive child ................ 74
Working with parents of an aggressive child in the logic of individual accompaniment 78
Accompanying a hyperactive child .................................... 80
Characteristics of hyperactivity ................................................ .. 80
Diagnostics of the hyperactive child ....................................... 84
Accompanying a hyperactive child in a preschool and family setting 87
Accompanying a closed child .............................................. 95
Correction works 99
Accompanying preschoolers with general speech underdevelopment 102
Characteristics of children with general speech underdevelopment 102
Comprehensive examination of children with OHP 106
Corrective speech therapy work with children with OH P in logic
accompaniment ................................................. ............................. 109
Formation of phonetic-phonemic components of speech 111
Formation of phonemic perception ... 112
Developing skills in phonemic analysis and synthesis 113
Formation of the lexical and grammatical structure of speech 116
The development of coherent speech ............................................... ................. 118
Correctional and pedagogical work of the teacher 119
Working with parents ............................................... ..................... 120
ACCOMPANYING ACCOMPANYING……………….. 121
Management aspects of the preschool educational institution escort service. 123
Working with the pedagogical staff of the preschool educational institution in the ideology of support 128
Working with parents in the logic of accompaniment ................ 135
ANNEXES
1. Model provision on educational institution for children
in need of psychological and pedagogical
and medical social assistance................................................ 143
2. About the psychological, medical and pedagogical council (PMPK) of the educational institution 151
3. Samples of documents of a preschool educational institution for individual support
child. Individual escort card 159
4. The main characteristics of the development of children ......... 161
5. Observation protocol .............................................. .................... 164
6. An approximate scheme for observing the behavior of a child 165
7. Aggressiveness. Questionnaire 1. A child through the eyes of an adult 168
8. Aggressiveness. Questionnaire 2. Types, focus, sensitivity
to the presence of others ............................................... ........................ 171
9. Games suggested for working with aggressive children 172
10. Hyperactivity. Parents questionnaire
11. Hyperactivity. Questionnaire for a teacher ...................... 177
12. Symptoms ............................................... ........................................ 178
13. Questionnaire for parents M. M. Bezrukikh ........................ 179
14. Games suggested for working with hyperactive children 181
15. Games suggested for working with closed children 184
16. Speech therapy examination of children ....................... 188
17. Planning frontal speech therapist classes
20. Sequence of work on teaching literacy to children with GSD
LITERATURE................................................. ........................ 227
INTRODUCTION
The idea of accompaniment (from the English guideness) arose as a practical embodiment of the idea of a humanistic and person-centered approach to a child. In Russia, the idea of psychological and pedagogical medical and social support has been implemented in the education system since 1994!
The technology "Support in Education" is developing in Russia as a special scientific and practical area based on a multidisciplinary approach, acquiring its own methodology and organizational form. The escort service is becoming a necessary and organic structure of the educational system of Russia: without escort services, it is difficult to solve the problems of humanizing education, to provide personality-oriented education and upbringing, to create conditions for the full development of children, to ensure their mental and somatic health.
Currently there are different shapes and escort levels. The most widespread are district PPMS centers as a stable system of uniting specialists (teachers, psychologists, physicians, social workers, defectologists and other specialists) who support the ideology of the integrated work of the “team”. The conducted studies (Kolechenko A.K., 2001) show that regional primary care centers cannot provide support for all children, respond promptly to the problems of educational institutions, since they work in the system of "autonomy, independence" (Kazakova E.I. , 1998), do not include in the escort system for all participants educational process... The main task of support is the consciousness of the psychological and pedagogical conditions for the full development and formation of an improving socially urgent personality, the protection of the child's rights to receive education and development in accordance with their potential in the real conditions of his existence.
The most effective task of support can be solved by pedagogical teams and specialists of educational institutions, provided that parents are included in the process of accompanying the development of children. In the current practice, different organizational support services are distinguished:
I. Escort service or consultation in an educational institution.
TT. district (independent) PPMS centers.
III. City or regional psychological, medical and pedagogical consultations.
These support services interact with each other and are modified in solving the child's problems.
Most of the publications, which reflect the content and organizational forms of support, are devoted to the school period of the child's life. The problems of accompanying a child in preschool educational institutions have been studied and disclosed less fully, which is completely inappropriate, since the foundations of most of the "problems" of schoolchildren are laid and formed in preschool age.
When developing scientific and methodological materials for accompanying children in preschool educational institutions, we relied on existing publications on the submitted problem and the organization of escorting preschoolers in kindergartens in St. Petersburg.
psychological
pedagogical medical
Social
Development support
Child
Basic concepts and principles of maintenance
· Accompanying the child in general -
educational institutions
The main stages of individual support
Main stages of system maintenance
High-quality diagnostics as the foundation of support
BASIC CONCEPTS
AND PRINCIPLES OF SUPPORT
The history of the emergence in the education system of a system of comprehensive assistance to a child in development can simultaneously be characterized as long-term, numbering more than two centuries and very short - only 10-15 years. For more than 200 years, a model of interaction between specialists of different profiles has been developing in the system of special education; interaction aimed at a comprehensive diagnosis of child development and the creation of correctional and developmental programs. But only 10-15 years ago, along with the formation of humanistic orientations in Russian pedagogy, the domestic system of accompanying a child began to develop. Early support, support for development in a general education school, targeted support of various risk troupes ", support in special education, support for gifted children have become elements of one system, a kind of guarantors of the child's right to full development.
The theoretical idea of the need for assistance in developmental situations has found its practical embodiment in the work of centers and services for psychological-pedagogical and medical-social support of children, or simply centers and support services (Appendix 1). Often escort centers are those institutions in the education system that are autonomous in relation to other educational institutions associated with the latter only by agreements on cooperation. Escort services - structural divisions of an educational institution that arise within its framework, subordinate to the leadership of the educational institution and intended to accompany the students of this institution.
The concept of escort as a new educational technology in our country was developed by E. I. Kazakova (1995-2001).
She identified several sources for creating a domestic support system:
· Experience of comprehensive assistance and support for children in the special education system;
· Experience in the functioning of specialized services that provide multidirectional psychological and pedagogical medical and social support for children and their parents (counseling services, correctional centers, diagnostic centers, "Trust" services, crisis services, etc.);
· Long-term work of psychological, medical and pedagogical con-
consultations and commissions for children with developmental problems;
· Development of coordination, scientific, methodological and expert councils to ensure the development of educational
decisions;
· Research of various large university research centers;
· Implementation in the country of international programs to create a system of support for the development of students (for more than 40 years in Eu-rode, a system of support for students has been developing, well coordinated with the system of "consulting" and "tutoring" in the United States and other countries);
· Experimental and innovative work of various groups of educators, psychologists, social educators, special educators and psychologists.
The system-orientational approach, according to which development is understood as the choice and development of certain innovations by the subject of development, has become the starting point for the formation of the theory and practice of integrated support. Each situation of choice gives rise to a plurality of decision options mediated by a certain orientational field of development. Accompaniment can be interpreted as assistance to the subject of development in the formation of an orientation field, in which the subject himself bears responsibility for actions.
The most important provision of the systemic-orientational approach is the priority of reliance on the internal potential of the subject's development (the key provision of "pedagogy of success"); consequently, the right of the subject to independently make a choice and bear responsibility for it. However, in order to exercise the right of free
the choice of various development alternatives, it is necessary to teach a person to choose, help him understand the essence of the problem situation, develop a solution plan and take the first steps. Proceeding from this, E.Y. Kazakova (2000) gives the following definition of accompaniment.
Support is understood as a method that ensures the creation of conditions for the subject of development to make optimal decisions in various situations of life choice. (Simplified interpretation: accompaniment is helping the subject in making a decision in difficult situations life choice) In this case, the subject of development is understood as a developing person, the same developing system. Life choice situations are multiple problem situations, when resolved, the subject determines for himself the path of progressive or regressive development.
The introduction of the term "accompaniment" is not the result of a scientific and linguistic experiment; replacing it with classical ones - help, support or provision - does not fully reflect the essence of the phenomenon. This does not mean any form of assistance (and even more so providing), but support, which is based on the preservation of the maximum freedom and responsibility of the development subject for the choice of a solution to an urgent problem. Before us is a complex process of interaction between the accompanying person and the accompanying person, the result of which is a decision and action leading to progress in the development of the person being followed. When analyzing the term, it is no less important that the subject or bearer of the child's development problem is not only himself, but his parents and teachers.
Consequently, in the theory of accompaniment, an important position is the statement that the bearer of the child's development problem in each specific case is the child himself, and his parents, and teachers, and the child's immediate environment.
Rice. 1. "Subjective quadrangle (after E. I. Kazakova, 2000)
A distinction should be made between the following concepts:
· Escort process;
· Tracking method;
· Escort service.
Close concepts to the concept of "support" are "provision", "help".
If we proceed from the fact that "support" is "support", then under support is understood as a method that ensures the creation of conditions for the subject of development to make optimal decisions in various situations of life choice.
If we assume that "support" is help, then "support" is understood as a process - a set of sequential actions that allow the subject to determine the decision-making and be responsible for the implementation of the decision.
Proceeding from the fact that there is a certain connection between the maintenance method and the maintenance process, then the maintenance method is understood as a method of practical implementation of the maintenance process, which is based on the unity of four
About diagnostics of the essence of the problem that has arisen;
Information about the essence of the problem and ways to solve it;
Consultation at the decision-making stage and development of a plan
solving the problem;
primary care during the implementation phase of the solution plan. If "escort" is identified WITH THE CONCEPT of "organization
tion ", then the escort service is an association of specialists
different profile carrying out the maintenance process. The main principles of accompanying a child in living conditions in an educational institution are:
· Continuity of support;
· Multidisciplinarity (complete approach) of support;
· Striving for autonomy.,
Let's take a closer look at these principles.
___________________________
The leading idea of support is the behavior of the child's independence in solving problems that are relevant for his development, which is why the logic of support dictates the need to abandon "legislative" decisions, all decisions of the support center can only be of a recommendatory nature. Responsibility for solving the problem remains with the child, his parents or persons replacing them, teachers, and his close circle. Obviously, if one of the sides of the "subjective quadrangle" cannot take part in decision-making (for example, due to the child's lack of parents or incompetence of the environment), then the functions of this side are assumed by other carriers of the problem. The more competent the child is in solving his problems, the more rights to final decision it should be with him. The priority of decision powers here can be determined in the following sequence: the child and his parents; teachers; environment. At different stages of the development of problems, the specialists of the support system may strive to supplement the "non-working elements" of the system with their advice.
"On the side of the child." The principle repeats the name of the famous monograph by Françoise Dolto (1985), it reflects the basic contradiction of the tracking method. It is obvious that the “culprit” of any problematic situation in the development of a child is not only the social environment or the natural genotype of the child, but also the characteristics of his personality. Simply put, in problem situations, the child is often wrong. It would seem that there is no objective analysis of the problem, but one should not forget that "on the side of adults" their life experience, numerous opportunities for independent self-realization, many social structures and organizations. Very often on the side of the child, only he himself and ...
Continuity of maintenance... The child is guaranteed continuous support at all stages of assistance in solving the problem. The escort specialist will stop supporting the child only when the problem is solved or the approach to the solution is clear. This principle also means that children who are constantly exposed to risk factors (for example: chronically
a sick child, a child in the special education system, an orphan child, etc.) will be provided with continuous support throughout the entire period of their formation.
Multidisciplinary support... The principle requires the coordinated work of a "team" of specialists who preach common values, are included in a single organizational model and own unified system methods.
Autonomy. One of the most difficult principles to implement. On the one hand, the autonomy of the center acts as a guarantor of protection from administrative pressure from the leadership, Skoda teachers or kindergarten on certain recommendations of the center. It is not a secret for anybody that teachers often turn to the center for advice precisely in an effort to “get rid of an unwanted child” and are seriously annoyed if their demands are not confirmed by specialists.
On the other hand, employees of an independent, autonomous center turn out to be poorly informed about real life educational institution, it is more difficult for them to establish contact with teachers in comparison with service employees who are members of
teaching staff.
Therefore, in practice, a model most often develops, for which it is characteristic, along with large independent support centers, to create services or support groups in institutions. The latter may include a wide variety of pedagogical workers of a school or kindergarten, united in a group according to the principle of carrying out activities of general or thematic support of students.
The activities of modern centers and escort services are aimed at ensuring two coordinated processes:
o individual accompaniment of children in educational institutions;
o systemic support aimed at preventing or correcting a problem that is characteristic not for one child, but for the system as a whole.
Individual support of children in an educational institution involves the creation of conditions for identifying potential and real “risk groups” (that is, children under the influence of one or more risk factors) and guaranteed
power for those children who need it. This method of work is the opposite of the so-called “declarative” support, according to which the centers (or corresponding services) work only with those children for whom the parents (or teachers) have contacted the center. Often, it is those who are most in need of support that fall outside the care and attention of adults.
System support and socio-pedagogical support
giving design is carried out by centers and services in several directions:
· We will participate in the development and implementation of programs for the development of educational systems, taking into account the creation of more favorable conditions for the development of children;
· Design of new types of educational institutions (shelter, social hotel, individual education school, etc.), which children need;
· Creation of preventive and correctional programs aimed at overcoming the problems typical for many children. Such programs can be "Children and Drugs", "Children of the Street", "Children-Migrants", etc. These programs are designed taking into account the specifics of the modern theoretical understanding of the essence of the problem and the possibility of its solution, taking into account the territorial specifics, knowledge of the potential of the educational system , other resources.
As an example, we consider the organization and content of the escort service in St. Petersburg.
It should be noted that the escort service in St. Petersburg is built on 3 levels (Fig. 2)
Level 1 - educational institution (OU).
As a rule, in the educational institution, the support service is a psychological, medical and pedagogical council. This service is represented by psychologists, speech therapists, social educators and medical specialists working at the educational institution.
The main task of these services in the OS
· Protection of the rights and interests of the child;
· Mass diagnostics on development problems;
· Identification of groups of children requiring the attention of specialists;
Counseling on possible solutions to all participants in the educational process (EP) - students, teachers,
· Parents;
· Group classes, seminars and trainings with teachers and students on changing behavior stereotypes, communicative skills.
Level 2 - regional escort services.
These are PPMS - centers designed to provide psychological, pedagogical, medical and social assistance to all EP participants in solving child development problems. Psychological and pedagogical commissions work at these centers.
At present, 19 PPMS centers have been created in St. Petersburg, employing about 450 specialists.
The specialists of these centers are primarily called upon to provide assistance to teachers, parents and specialists of educational institutions who work with children. To take on many issues of psychological education of all EP participants, the development and implementation of programs (psychological, social, speech therapy, etc.), assistance on the most difficult problems, i.e. those that cannot or cannot be solved at their level by specialists OU.
It is in the centers that group classes and trainings on the most difficult problems, group and individual correction are conducted, and the specialists of the centers are able to provide independent protection of the rights and interests of children.
Leaders of PHC - centers ensure interaction of all district and city services that can provide assistance to the child
Level 3 is:
· All city services in the education system and the union of science, practice and management, aimed at the development of this service;
· Scientific professional institutions and universities;
· Committee on Education and Board of Directors of PPMS - centers;
· City interdepartmental psychological, medical and pedagogical consultation (GMPMPK).
This level ensures the development of:
1) strategies for the development of the escort service;
2) the regulatory framework;
Regional Center escorts
urban interagency
psycho-medico-pedagogical
consultation
Regional escort centers
District psycho-pedagogical
medical and social centers
with psychological, medical and pedagogical
commissions
Escort services
in educational institutions
Preschool educational
institutions (DOZH of different types and types,
general education schools,
special (correctional) schools,
correction and rehabilitation centers, availability
permanent services or psychological
medical and pedagogical councils
Rice. 2. Scheme of levels of support for the development of a child in St. Petersburg
3) training of personnel;
4) awareness.
A special role centers and escort services play:
· During periods of age-related crises of a child;
· When moving from one stage of training to another;
· During the transition to the special education system;
· If necessary, the choice of correctional and developmental programs;
· If necessary, systemic changes in the educational institution.
Each service chooses independent way organization of its activities, however, it is possible to highlight its common elements.
1. Screening diagnostics of all children in transitional stages of development or in problem situations to identify a potential "risk group".
2. Allocation of a real risk group from a “potential risk group”. Individual diagnosis of children's problems.
3. Development of targeted support programs for problematic
4. Development and implementation of programs to prevent the development of problem situations in an educational institution.
In practice, the escort service begins special work with the child in the following cases:
· Identifying problems in the course of mass diagnostics;
· Requests of parents for consultations;
· Appeals of teachers, administration of the educational institution;
• appeal of the child himself about problems;
· Contacting other children for advice and assistance in relation to any child;
· Appeals of specialists from other social services.
In modern practice, there are general ideas on performance criteria accompanying children. Such criteria for escort services can be:
· The demand for the services of the service on the part of teachers, children (indicators: the number and content of calls);
· The severity of the growth of successfully solved problems in comparison with the problems that could not be solved.
The basis for creating a service or an escort center can be agreement with the founder. The content of such an agreement will be a guarantee of the activities of the center (or service) in the following areas:
Scientific, methodological and organizational support for the development and implementation of development programs educational systems;
Accompanying children studying in an educational institution or pupils orphanage;
· Development and implementation of targeted preventive and corrective (therapeutic) programs;
· Advanced training of teaching staff, due to the general tasks of supporting the development of children;
· Organizational and scientific-methodological support of the activities of psychologists, social teachers, speech therapists, correctional teachers, services working in educational institutions (for large independent centers);
· Creation and scientific and methodological support of various services of correctional and other assistance to children (psychologist-medical pedagogical commission, "hotline", "social hotel", etc.);
· Implementation of educational programs of additional education for the system of advanced training and retraining of personnel (subject to a license).
ACCOMPANYING A CHILD
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Date the page was created: 2016-02-13
One of the problems of the theory of law is the characterization of the concept and the legal nature of recommendatory norms of law, as well as the impact on national legislation of recommendatory model acts international organizations.
In the legal literature, only one monograph and several scientific articles, some of which have lost their relevance due to large-scale state and legal reforms.
M.I. Baytin, characterizing the concept of a recommendatory rule of law, noted that it "establishes options for the regulation of public relations desirable from the point of view of the state, to ensure the implementation of which the addressees of these recommendations carry out measures corresponding to their competence, taking into account their conditions, capabilities and reserves."
V.L. Kulapov interpreted a recommendatory rule of law as a generally binding, abstractly expressed rule of behavior, concentrated on the desired behavior of controlled subjects of law, within which not concrete behavior itself is reflected, but a model or model of possible behavior, and supported in its implementation by state measures of a positive and negative nature.
ON. Pyanov notes that "the recommendation includes norms, the implementation of which is not necessary, but desirable ...".
However, a number of representatives of legal science deny not only the legal nature of recommendatory norms, but also the possibility of their existence as social norms regulating social relations. So, G.I. Shatkov states: “Recommendations do not create any binding rule, it comes not only that recommendations are not a right, but also that they are not social norms at all. "
This position, in our opinion, is not entirely correct, does not correspond to the point of view according to which the legal obligation of a recommendatory norm is expressed in its mandatory consideration by those subjects to whom it is addressed, as well as in the recognition by the state of the need for a certain type of behavior, fixed in a legal act meeting the interests of the individual, society and the state.
An example of compulsory registration of a recommendatory rule of law is the Decree of the President of the Russian Federation of February 26, 2013 N 175 "On monthly payments to persons caring for children with disabilities and persons with disabilities from childhood of group I". In clause 9 of this document, the authorities state power subjects Russian Federation it is recommended to take into account that the establishment of monthly payments should not entail a decrease in the volume and decrease in the level of social assistance and support measures carried out at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation.
In Art. 5 of the Federal Law of 04.05.1999 N 95 "On gratuitous assistance (assistance) of the Russian Federation and amendments and additions to certain legislative acts of the Russian Federation on taxes and on the establishment of benefits on payments to state extra-budgetary funds in connection with the implementation of gratuitous assistance (assistance) The Russian Federation is "also enshrined" to recommend to the legislative (representative) bodies of the constituent entities of the Russian Federation and local self-government bodies to adopt the appropriate regulatory legal acts providing for the provision of benefits in the payment of taxes and fees to the budgets of the constituent entities of the Russian Federation and local budgets in connection with the provision of gratuitous assistance to the Russian Federation ( assistance) ".
It should be noted that the registration and application of recommendatory norms of law in a number of situations should be carried out without prejudice to the interests of the subject of law to whom these norms apply.
So, in part 9 of Art. 21 of the Federal Law of 06.12.2011 N 402-FZ "On Accounting" stipulates that recommendations in the field of accounting can be adopted in relation to the procedure for applying federal and industry standards, forms of accounting documents, accounting technology, the procedure for organizing and implementing internal control over the activities of accounting services of economic entities. However, already in part 10 of Art. 21, the legislator makes a reservation that the recommendations in the field of accounting should not create obstacles for an economic entity to carry out its activities.
The judicial authorities have a special attitude to recommendatory norms of law.
The analyzed judicial practice has shown that the courts of all instances in most cases do not take into account the recommendations and focus on the fact that these norms should be taken into account, first of all, by citizens, bodies and organizations to which these norms are directed, but not by the courts. Thus, in one of the cases, the court indicated: "The applicant's arguments about the non-application by the court of the applicable substantive norms contained in the Methodological Recommendations of Rospatent are inappropriate, since these recommendations are aimed at ensuring the implementation of the provisions of part four of the Civil Code of the Russian Federation ..." The court also noted: "The recommendations were developed for experts and specialists of Rospatent and its subordinate organizations with the aim of using them in the examination and registration of a trademark ..." As a result, the court indicated: "The application of this document is not mandatory for the judicial authorities." Similar conclusions were made by the court in another case.
If in this case the courts emphasized the non-binding nature of the methodological recommendations only for the court, in other cases the judicial authorities indicate that the rules of conduct contained in the methodological recommendations are not obligatory for application not only for the court, but also for state authorities, local self-government bodies. and their officials, legal entities and citizens (hereinafter, it is emphasized by us. - V.K., A.K.). At the same time, the reasoning contained in court decisions in such cases deserves special attention.
So, in one of the cases, the Supreme Court of the Russian Federation indicated: "The prescriptions of the contested Methodological Recommendations, including those with which the applicant associates the violation of his rights, do not contain binding on state authorities, local self-government bodies and their officials, legal entities and citizens of the rules of conduct that apply to an indefinite circle of people. Guidelines, in fact, are of an organizational nature and are not an act of exercising the rights and obligations of the parties ... they are not subject to the requirements of the Decree of the President of the Russian Federation "On the Procedure for the Publication and Entry into Force of Acts of the President of the Russian Federation and Normative Legal Acts of Federal Executive Bodies" and the Rules for the Preparation of Normative Legal Acts of Federal Executive Bodies and Their State Registration ... ".
Some of the experts argue that recommendatory rules of law are legally binding for certain consequences to occur (including when resolving disputes by courts), and give relevant examples.
So, according to E.F. Shamsumova, if the driver of the vehicle does not fulfill the requirement of the road sign "recommended speed" and exceeds it, then if the suspension of his car is damaged due to the existing unevenness of the road, he will not be able to claim compensation for damage to his vehicle from the organization serving this section, since all the risks and the driver, having violated the recommendation norm, took responsibility for the speeding.
In our opinion, this point of view seems to be untenable. Moreover, it finds a direct refutation in judicial practice.
Thus, in one of the cases it was established that the plaintiff exceeded the recommended speed and allowed a collision with a road pit, as a result of which the plaintiff's car got out of control, flew off the road, overturned and ended up in a ditch. The representative of the defendant believed that the accident was the fault of the driver who exceeded the recommended speed. Resolving the dispute, the court noted that the pothole had dimensions exceeding the limits established by GOST, and the defendant's arguments regarding exceeding the recommended speed are untenable, since the presence of a road sign "recommended speed" does not exempt the road organization from liability. It should be noted that the decision in this case was the same in the court of both the first and the appeal instance.
The courts have developed a certain attitude to various letters from the ministries and departments of the Russian Federation. Thus, in one of the cases, the court rightly pointed out that "the references in the appeal against the clarifications contained in the letters of the Ministry of Finance of the Russian Federation are untenable, since these letters do not contain legal norms and are of a recommendatory nature." In another case, the appellate court noted: "The argument of the appeal about the clarifications contained in the letter of the Ministry of Finance of the Russian Federation cannot serve as a basis for canceling the decision made by the court, since the letters of the Ministry of Finance of the Russian Federation are of an explanatory and recommendatory nature, aimed at improving the work of tax authorities ( due to the fact that these explanations do not contain a legal norm) and are not binding on the taxpayer, who, in turn, is guided by the legislation of the Russian Federation. " Thus, in the latter case, the court actually indicated that the recommendations of the Ministry of Finance of the Russian Federation (as, in principle, and any other similar body) are not obligatory not only for the court, but also for the taxpayer himself.
In view of the foregoing, in our opinion, it is necessary to distinguish recommendatory norms containing all the signs of a customary rule of law from documents that do not contain legal norms, but are of a recommendatory nature.
Recommended legal norms should also be distinguished from judicial advisory legal positions on the application of substantive and procedural legal guidelines formulated within the judicial system directly by judges.
So, in accordance with paragraph 1 of Part 3 of Art. 5 of the Federal Constitutional Law of 05.02.2014 N 3-FKZ "On the Supreme Court of the Russian Federation" judicial practice in order to ensure the uniform application of the legislation of the Russian Federation.
It should be noted that these explanations are, of course, recommendatory in nature. The courts are primarily guided by the current legislation of the Russian Federation. However, when making decisions, the courts in most cases still take into account the recommendations of higher courts. Are courts obliged to apply advisory clarifications on matters of judicial practice?
Without going into all the debatable subtleties of this issue, we note that the current legislation provides for procedures for canceling court decisions made without taking into account clarifications on matters of judicial practice.
So, clause 3 of part 1 of Art. 308.8 of the Arbitration Procedural Code of the Russian Federation established that court decisions are subject to cancellation or change if, when considering a case by way of supervision, the Presidium of the Armed Forces of the Russian Federation establishes that the relevant appealed judicial decision violates the uniformity in the application and (or) interpretation of the rules of law by the courts.
Part 2 of Art. 289 of the Arbitration Procedure Code of the Russian Federation also stipulates that the instructions of the arbitration court of the cassation instance, including on the interpretation of the law, set forth in its decision to cancel the decision, the ruling of the court of the first, appellate instance, are obligatory for the arbitration court re-considering the case. Based on the principle of the independence of judges, these instructions for the courts of lower instances are, in fact, also advisory in nature.
However, practice shows that if the lower courts do not take into account the instructions of the arbitration court of the cassation instance when re-examining the same case, then such court decisions will subsequently also be canceled.
In one of the cases, the FAS of the East Siberian District established that the findings arbitration courts lower instances are insufficiently substantiated, made on the basis of incompletely investigated factual circumstances of the case and the evidence available in the case and therefore cannot be recognized as lawful, substantiated and motivated, in connection with which the decisions must be canceled. At the same time, the court of cassation indicated: when re-examining the case, the courts should take into account the recommendations set out in its ruling. However, the lower courts did not take into account the recommendations of the cassation instance and repeatedly violated the norms procedural law, which led to the adoption of incorrect judicial acts and is unacceptable by virtue of the law.
The court of cassation, which re-examined the case, indicated in its Resolution that, since during the re-examination of the case, the courts did not fully comply with the instructions of the court of the cassation instance, the decisions of the lower instances should be canceled, and the case should be sent to the court of first instance for a new consideration.
What is the difference between recommendatory law and recommendatory legal positions ships?
The main difference between recommendatory norms and recommendatory judicial positions is that the positions of higher courts do not contain the norms of law.
In the practice of applying the norms of law, there are also cases when it does not directly follow from a normative act that its norms are of a recommendatory nature. In this case, it is important not to make a mistake. It is necessary to correctly interpret the norm of substantive law, to try to understand the logic of the legislator who adopted this norm. In case of misinterpretation, there is a risk of incorrect attribution of the rule of law to the category of norms that are advisory in nature.
Considering one of the disputes, the court pointed out: wages regional coefficient, are subject to rejection, since they are based on a misinterpretation of substantive law. ”And further the court notes:“ The absence of a regional regulatory legal act on increasing the regional coefficient cannot serve as a basis for refusing to satisfy the claim, since by virtue of Art. 115 of the Constitution of the Russian Federation The Resolution of the Government of Russia is a normative legal act of direct action, mandatory for execution in the Russian Federation, including on the territory of a constituent entity of the Russian Federation. "
Recommended legal norms have become widespread not only in national Russian legislation, but also in the field of international law, for example, within the framework of the Commonwealth of Independent States. Thus, in accordance with the Agreement on the Interparliamentary Assembly of the CIS Member States of 03/27/1992, the Interparliamentary Assembly can develop recommendatory acts.
As an example, we can cite the recommendations of the Interparliamentary Assembly dated 12/08/1998 "On the protection of children in the CIS member states", where it is stated: the heads of state need to take urgent measures to adjust state policy in the interests of children, to improve the situation of children and to implement emergency measures to implement the rights and vital interests of children in accordance with the constitutions of states and the norms of international law in this area.
It must be admitted that this document, of course, does not contain prescriptions in relation to states, but only indicates a problem, the solution of which is possible through amending the legislation of states and taking other measures.
Consideration of this example allows us to conclude that the recommendations adopted within the CIS are largely declarative, non-binding for the CIS member states.
However, the Interparliamentary Assembly can develop advisory acts in the form of model laws or codes. Are they binding on states?
The purpose of adopting such model laws is to harmonize the legislation of the CIS member states, which undoubtedly plays a positive role in streamlining the functioning of the CIS.
An example of such a model law is the model Criminal Procedure Code for the CIS member states, adopted on February 17, 1996 (hereinafter referred to as the model CPC).
However, it should be borne in mind that Part 4 of Art. 15 of the Constitution of the Russian Federation, which regulates the procedure for the application of generally recognized principles and norms of international law and international treaties on the territory of the Russian Federation, does not apply to model laws.
This is due to the fact that model laws are not considered international normative acts, as noted by the Constitutional Court of the Russian Federation, respectively, they are not sources of international law and do not entail international legal obligations for the participating States.
At the same time, there can be no peremptory norms in model laws, as some authors point out.
Thus, the model CPC regulates the procedure for the implementation of criminal proceedings. Chapter 29 of this document provides for procedural procedures within the framework of the stage of initiation of a criminal case. At the same time, it follows from this chapter that the prosecutor has the right to initiate a criminal case if there are appropriate reasons and grounds.
However, by the Federal Law of 05.06.2007 N 87-FZ "On Amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law" On the Prosecutor's Office of the Russian Federation "the prosecutor in the Russian Federation was deprived of the right to initiate any criminal cases. Moreover, for example, in the Republic Kazakhstan, which is known to be part of the CIS, entered into force on January 1, 2015, a new Criminal Procedure Code, focused primarily on the European model of legislation, which is fundamentally different from the norms of the model Criminal Procedure Code (for example, the stage of initiation criminal case, significantly transformed, changed other institutions).
The above examples indicate the absence of peremptory norms in the model laws, their advisory, non-binding nature.
In view of this, in our opinion, the point of view of those experts who speak out about the priority of model laws over national laws seems untenable. Russian legislation... So, Z.D. Yenikeev notes that model laws "are an international legal source and have a priority and a higher status in relation to domestic laws. Therefore, their provisions should be actively implemented in national law ...".
I would like to agree with the opinion of A.N. Morozov, who noted that "model acts do not regulate the international relations of states, but are aimed at harmonizing national legislation and developing mutually acceptable approaches to certain issues of domestic legal regulation."
E.A. Yurtaeva and M.S. Studenikina also rightly point out: "The essence of the model acts is that they are offered as a model, example, model for improving the legislation of the state, where its constituent entities exercise their own legislative regulation, or in order to harmonize the legislation of the member states of international unions and communities."
It should be noted that some of the model (model) laws of international organizations, which are primarily advisory in nature, were adopted by the Russian parliament. An example of such a law is the UNCITRAL Model Law on International Commercial Arbitration of 06/21/1985. After some time, Russia adopted the Law of the Russian Federation of 07.07.1993 N 5338-1 "On International Commercial Arbitration", which fully coincides with the Model Law of an international organization.
Model laws should be distinguished from international treaties and other acts of international organizations that are advisory in nature.
The latter category is exemplified by the recommendations of the International Labor Organization due to their special nature. So, Art. 19 of the ILO Constitution stipulates that the adopted recommendation must be submitted to the governments of the participating States, which can make such a recommendation legally binding by law or otherwise.
An example of such a recommendation is the ILO Recommendation No. 69 "On Medical Care", adopted in Philadelphia on May 12, 1944 at the 26th session of the ILO General Conference (hereinafter - the ILO Recommendation).
For example, paragraph 68 of the ILO Recommendations states: before admitting doctors to the nursing service as qualified doctors or dentists, medical students and dental students must have experience as assistants in health centers or doctor's offices, especially in rural areas , under the supervision and guidance of experienced doctors. Clause 69 stipulates that among the qualifications required of every doctor who wants to cooperate with the service, there must be a minimum experience as an assistant in a hospital.
Of course, these recommendations do not oblige states to commit certain actions in the field of regulation of working conditions, but serve only as a recommendatory rule in the regulation of social relations, as well as in the preparation and adoption of national legal norms.
As for international treaties, for example, the ILO conventions, they will be advisory (non-binding) for the Russian Federation only if Russia does not ratify the convention in the manner prescribed by law. Having ratified the ILO convention, the Russian Federation is obliged to strictly adhere to the norms enshrined in this document.
Thus, at the 95th session of the General Conference of the ILO on June 15, 2006, the ILO Convention No. 187 (hereinafter - the ILO Convention) was adopted on the basis for promoting occupational safety and health. In Art. 5 of the ILO Convention stipulates that each member state develops, implements, monitors implementation, evaluates and periodically revises a national program on occupational safety and health in consultation with the most representative organizations of employers and workers. In Art. 8 of the ILO Convention states: the document is binding only for those member states of the ILO whose instruments of ratification are registered by the Director General of the International Labor Office. The Russian Federation ratified the ILO Convention by the Federal Law of 04.10.2010 N 265-FZ, i.e. four years later. This means that from the day the ILO Convention was adopted until the day of its ratification, the norms contained in it were of a recommendatory nature for the Russian Federation.
As an example, we can cite the recommendatory norms enshrined in international documents, which extend their effect to the national regulation of public relations.
So, clause 6 of the Order of the Ministry of Transport of Russia dated December 19, 2008 N 213 "On Approval of the Instructions on the Procedure for Applying the Regulations on the Seaman's Identity Card" stipulates that the institutions, when fulfilling the requirements of the Instructions, should take into account the recommendations regarding the procedures and methods for achieving mandatory results set out in part "B" of annex III to the Convention revising the Seafarers' Identity Documents Convention, 1958.
Thus, having considered some theoretical issues of the legal nature of recommendatory norms of law, as well as giving relevant practical examples, we saw different approaches of specialists on the issues discussed in the article, and also once again ascertained the importance of recommendatory norms of legislation within the framework of both national Russian law and international law.
The legal nature of recommendatory norms of law seems to us ambiguous, having many features that create disputes in theory and give rise to problems in practice. We hope that those raised by us topical issues will serve as an impetus for the development of this topic.
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Ozhegov's Explanatory Dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949-1992 .
Synonyms:
advisory- oh, oh. recommandation c. lat. recommendatio. Containing a recommendation. Reference list. ALS 1. I will also send to you, if necessary, letters of recommendation to the minister there. Draft 1785. Betsky to Bobrinsky. // ... Historical Dictionary of Russian Gallicisms
- (from the word recommendation). Endorsement, concluding a recommendation. Dictionary foreign words included in the Russian language. Chudinov AN, 1910. RECOMMENDATIVE from the word recommendation. Concluding the recommendation. Explanation of 25,000 foreign words ... Dictionary of foreign words of the Russian language
An optional, advising Dictionary of Russian Synonyms. advisory app., number of synonyms: 2 optional (11) ... Synonym dictionary
advisory- be of a recommendatory nature the possession of ... Verb collocation of non-subject names
Recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, recommendation, ... ... Forms of words
advisory- recommendatory; short form flax, flax ... Russian spelling dictionary
advisory - … Spelling dictionary of the Russian language
Books
- Russian Korean Studies in the Past and Present. Volume 6. Selected bibliography of literature on Korea in Russian and Western European languages, LR Kontsevich. This scientific reference and bibliographic publication is the first of its kind in Russian Korean studies. It includes a recommendatory list of works in various branches of the Russian and ...
- From the history of foreign fine arts. Recommended index of literature, S. M. Voyakina, M. Ye. Zelenina. This guide recommends literature that will allow you to get acquainted with a number of major eras history of foreign art, its most significant and vivid pages from the most ancient ...
On July 1 this year, the new GOST R 7.0.97-2016 “National Standard of the Russian Federation. System of standards on information, librarianship and publishing. Organizational and administrative documentation. Requirements for paperwork ”(approved by the Order of Rosstandart dated 08.12.2016 No. 2004-st). What does he bring to HR officers? Will we have to change something in the technologies of our work? Let's analyze some of its provisions.
First of all, we need to sort out key issues. First, to what extent is GOST mandatory for use? Secondly (this question logically follows from the first one), are any sanctions possible for non-compliance with its provisions?
The answer to these questions is very simple: according to the Federal Law of June 29, 2015 No. 162-FZ "On Standardization in the Russian Federation" (as amended on 07/03/2016; hereinafter - Federal Law No. 162-FZ) GOSTs in our country are advisory character.
Yes, that's right: state and national standards, as a general rule, are not normative documents that must be followed. In Art. 4 of Federal Law No. 162-FZ, the first principle of standardization is declared voluntariness application of documents on standardization.
True, there are exceptions to this rule, but they relate to the defense, nuclear industry and road safety (Article 6 of the Federal Law No. 162-FZ), but not to the standards of paperwork.
And in st. 26 of the Federal Law No. 162-FZ clearly states that the documents of the national standardization system are applied on a voluntary basis (part 1 of article 26). Therefore, the application of the national standard is mandatory for the manufacturer and (or) the contractor. only in the case of a public statement by him about the conformity of his products to the national standard, including in the case of the application of the designation of the national standard in marking, in operational or other documentation and (or) marking the product with the sign of the national standardization system (part 3 of article 26).
Thus, GOST R 7.0.97-2016 is not a normative legal document and is not subject to mandatory application.
Accordingly, the previous GOST R 6.30-2003 “Unified documentation systems. Unified system of organizational and administrative documentation. Requirements for paperwork "(approved by the Resolution of the Gosstandart of Russia dated 03.03.2003 No. 65-st), which ceased to be effective on June 30, 2018.
For example, in the notation about certification of a copy, instead of the word “ Right"Wrote" Copy is right". Colleagues, don't many of you recognize your own wording?
The overwhelming majority do not even draw up the header of the documents according to GOST. Compare the version according to GOST with the longitudinal (example 1) or angular arrangement of the requisites (example 2) and the one that is used in the overwhelming majority of organizations: with the longitudinal (example 3) or angular arrangement of the requisites (example 4).
Perhaps the differences are even greater. And there is nothing wrong with that: since GOST is not regulatory document, in case of non-compliance with its provisions (note, since this is not a normative legal act, then not “requirements”, namely “provisions”), there can be no sanctions. So neither the GIT inspectors, nor the inspectors from the prosecutor's office or any other bodies not entitled to make claims based on the provisions of GOST.
Nevertheless, he can create problems for us.
The fact is that, according to clause 5.26 of the new GOST, when making copies of documents for third-party ("other") organizations, in the requisite "copy certification mark", you must additionally indicate the storage location of the document from which the copy was made. Apparently, according to the authors of the GOST, it is too difficult to guess that the original is stored in the organization that certified the copy, and it is too difficult to find a file with the original.
The wording is proposed as follows: “ The original of the document is located in (name of the organization) in case No. ... for ... year».
Given the recommendatory nature of GOST, this provision (recommendation!) Can be ignored. However, the problem is that the copy will go exactly to another organization, and we cannot be sure that officials that organizations understand the recommendatory power of GOSTs. And, accordingly, we cannot be sure that they will accept a copy that is certified, but without a mark about the location of the original. Therefore, solely so as not to create problems for their employees (especially when applying to banks for loans, since it is known that banks, as a rule, are the greatest formalists in such matters), it is better to issue copies in accordance with GOST.
True, the following question immediately arises: GOST wants information about the case where the original is stored. But after all, for example, work books are never stored in files, so how can you draw up a link? The answer is simple: since there is no and there is no court (and even in the literal sense of this expression), we will write only the organization, for example: “ The original is in LLC "Motylek""(Here the word" document"(See above the quotation from GOST) is clearly redundant, so it may well be omitted).
In connection with the above, technological advice: order a stamp, it will be easier to work. By the way, the GOST authors also mentioned this.
As for other changes in the new GOST relative to the old one, they are insignificant.
So, in the requisites "addressee" and "text" it is now recommended to write initials not before, but after the surname (example 5). Note that in the "signature" requisite everything remains the same: first the initials, then the surname.
Please note that in the memo (see example 5), the director spelled out in detail what needs to be done. But we know how rare it is. More often than not, if the manager agrees with what is proposed in the document, he at best writes “ Do not mind" or " Agree", Or even just put down the signature and date. As they say, silence is a sign of consent, therefore, since there are no objections, there is approval.
The previous GOST of 2003 fully admitted that the content of the order (as it was called in it) was indicated only when necessary.
The new GOST instruction on the document (as it is now called) includes in the resolution without reservations. But which HR officer will retrain their CEO or company president? Actually, you don't need to do this. The main thing is that the resolution should be read unambiguously and not raise doubts. And GOST is a recommendation document, and that says it all.
Comparing the old and new GOST, you can see some other changes, but they are insignificant from the point of view of personnel records management, so we did not consider them in this article.
I. V. Zhuravleva,
consultant on labor law and personnel records
and give a sdesya pesat in Albany or padonkaf language? all will understand what it is about. and then we will not teach our children to read and write. let them write as they hear.Think for a start: who is in charge of production and is responsible for the performance of the product? Really n.controllers who control the height of the text or its slope, etc .. Laughter is just .... This is definitely chicanery. If not sabotage ...
this is just your gateway understanding. then they would write "can be applied".
- GOST 2.001-93 as amended. 2006 - is this not the current legislation?
No, standards are not laws. Laws, in this case, are technical regulations.
I’m not a lawyer, I’m a designer, I don’t care about the bear and their laws. for me there is only one law - ESKD. and it doesn’t say that it doesn’t work. Updates and changes to it continue, which means it has not lost its relevance.
then again. where does it say that interstate standards are voluntary?- And then, the ESKD standard is interstate, not national, so there is no question of voluntariness.
We read the heading: "Standardization in the Russian Federation". This kind of tells us that only national standards, CHTD, will be considered. In general, all standards are written in the law "On technical regulation", indicated in the posts above.
- that's when the ESKD itself will write that it is not mandatory, recommendatory, then we'll talk.
This is absurd by definition. If you write down in a standard that its requirements are optional, then all sense of its existence is lost. It should be like this: if a decision is made to use a standard, then all its requirements must be followed.
nothing absurd. voluntary compliance with standards is not absurd for you (why then do they exist?). The requirements for fonts have ALREADY been relaxed, now voluntarily - you want 2.304, but you want Arial. AND THIS is written in THE MOST ESKD. And no absurdity.
I have been doing without ESKD for 9 years when designing supervised equipment. There are Rules, there are RD and other mandatory documentation (because it is about security). And the rest is already a matter of the person responsible for the project.
The main thing is unambiguity, you yourself noted this separately.
that is, you do not hatch plastic, for example, in a box, but daisies with curls nest there for beauty?
By the way, another question. Where is it written that ESKD is mandatory in all cases?
And no one says that in all. You can make sausage without using ESKD. In what cases it should be used - it is clearly indicated in the VALID GOST 2.001-93 ESKD. Basic Provisions:
4 SCOPE OF THE ESKD STANDARDS
4.1 ESKD standards apply to mechanical engineering and instrument-making products. The scope of individual standards has been expanded, which is stipulated in the introduction to them.
4.2 The norms and rules for the development, execution and circulation of documentation established by the ESKD standards apply to the following documentation:
1) all types of design documents;
2) accounting and registration documentation for design documents;
3) documentation on making changes to design documents;
4) regulatory and technical, technological, program documentation, as well as scientific, technical and educational literature, in the part in which they can be applicable to them and are not regulated by other standards and regulations, for example, formats and fonts for printed publications, etc. NS.
The norms and rules established in the ESKD standards apply to the documentation specified in lists 1-4, developed by enterprises and entrepreneurs (business entities) of the countries participating in the agreement (CIS), including scientific and technical, engineering societies and other public associations.