How to defeat corruption in education. Anti-corruption methods in educational institutions

CORRUPTION IN THE HIGHER SYSTEM EDUCATION

Kazaryan Tamara Sergeevna,

South Federal University

law student,

Rostov-on-Don, Russia

CORRUPTION IN THE EDUCATION SYSTEM

Kazaryan Tamara Sergeevna,

Southern Federal University

student of the law faculty,

ANNOTATION:

This article analyzes the impact of corruption on the process of higher education in the Russian Federation and on the state as a whole, examines the causes and factors that contribute to its emergence and spread. Proposals are formulated on methods of combating this negative phenomenon, which leads to a decrease in the quality of knowledge of university graduates, contributes to the degradation of moral degradation and an increase in crime.

ANNOTATION:

This article analyzes the impact of corruption on the process of higher education in the Russian Federation and on the state as a whole, the causes and factors contributing to its emergence and dissemination are explored. Proposals are formulated on methods to combat this negative phenomenon, which leads to a decrease in the quality of knowledge of graduates of higher education institutions, contributes to the degradation of degradation of morality and the growth of crime.

Keywords: corruption, abuse, conflict of interest, education, enlightenment, corruption, bribery, embezzlement, fraud, sociological survey.

Key words: corruption, abuse, conflict of interests, education, education, corruption, bribery, theft, fraud, sociological survey.

One of the problems that has been in the focus of attention of the state and society in recent years is the fight against corruption. As noted by the President of Russia V.V. Putin at a meeting of the board of the FSB of Russia on March 26, 2015, “the fight against corruption continues to be one of the priority areas of work.

The topic of my research is "Corruption in the education system." I believe that the urgency of this problem is obvious, because one can endlessly argue about which of the life spheres of the state is the main one, think for an incredibly long time about the degree of importance of economics and politics, discuss that politics, security, economics, healthcare are the foundations of public life. , however, do not forget that doctors, politicians, economists, military, etc. people are not born. Professional skills and moral principles are acquired only in the process of enlightenment, education, upbringing, because it is within the walls of schools, universities, institutes and other educational institutions that the personality is formed.

The educational level of youth and the organization of education should be considered as a key element of the system of counteracting the spread of the ideology of corruption, terrorism and other crimes among the youth.

Immanuel Kant characterized enlightenment as a person's exit from the state of his minority, in which he is through his own fault. Minority is the inability to use one's reason without guidance from someone else. Being a minor through one's own fault is one whose cause is not a lack of reason, but a lack of determination and courage to use it without guidance from someone else.

We can confidently assert that it is enlightenment and education that are the foundation for building a successful state, whose members will have a sufficient package of knowledge, the foundations of morality and a level of intellectual development corresponding to the time.

It should be noted that the problem of corruption in the education system has been sufficiently developed in the scientific literature. So, for example, in the search engine "Yandex" there were 118 million sites that are devoted to this problem, many scientific articles, monographs and dissertations. Nevertheless, in this article I will try to present the understanding of corruption in education from the standpoint of an ordinary student who examines this problem from her point of view and offers her own approaches to combating this phenomenon.

Currently, the Russian state has a significant number of problems that require immediate solutions. Among them, an important place is occupied by the problem of combating corruption in the education system of Russia. The urgency of this problem is determined by the fact that:

- the number of university graduates is growing, and business continues to experience the need for qualified personnel;

- many universities continue to train students in specialties that are not demanded by the labor market;

- the quality of knowledge of many university graduates does not meet the requirements, since they received certification for money or “by calls from above”;

- there continues to be a noticeable gap in the quality of education between various universities in Russia;

- in many universities educational technologies are outdated;

- in a number of universities, people teach who, due to their age and scientific worldview, which developed at a time when humanity did not know what nanotechnology and the modern Internet space are, are not able to give the student a modern vision of the world and provide the ability to be at the level of today's requirements.

A particular danger is the penetration of corruption into education, especially legal education. A law school graduate who passed exams for money during the period of study, or with the support of high-ranking relatives, in whose consciousness elements of corrupt thinking have become entrenched, will inevitably use office opportunities to compensate for the costs incurred in the future. Such a graduate, by definition, will not be able to withstand the corruption pressure of the criminal and socially abnormal environment, will not be able to work with agents that have a subtle sense of the corrupt nature, moreover, such a law enforcement officer will betray the interests of the service and his colleagues at the earliest opportunity.

Corruption is one of the main causes of socio-economic instability, it can take various forms, in particular, it can be collateral (bribes of civil servants), systematic (affects various spheres of society) or systemic (affects the development of the state).

Corruption violates fundamental human rights to be treated fairly, impartially; in an environment of corruption, it is impossible to ensure the observance of civil and political rights. There are many definitions of corruption.

The modern definition of the concept of "corruption" is given in the Federal Law N 273-FZ "On Combating Corruption", according to which corruption is understood as:

a) abuse of office, giving a bribe, accepting a bribe, abuse of authority, commercial bribery or other illegal use by an individual of his official position contrary to the legitimate interests of society and the state in order to obtain benefits in the form of money, valuables, other property or services of a property nature, etc. property rights for oneself or for third parties, or illegal provision of such benefits to the specified person by other individuals;

b) the commission of the acts specified in subparagraph "a" of this paragraph, on behalf of or in the interests of a legal entity.

Analyzing the above definition, it should be noted that the domestic approach to qualifying corruption crimes assumes that their goal can only be property benefits. Corruption is defined as certain actions aimed at obtaining property benefits not only for oneself, but also for third parties. At the same time, the circle of third parties is not limited and is not limited, for example, only to close relatives. Acts recognized as corruption in accordance with 273-FZ can be committed by any individual (including a student - the author), and not just by an official.

In my article, I define corruption as an act of abuse of office for profit. Corruption does not allow education to effectively perform its functions, which leads to the fact that more and more young people, less professional and less talented, are thrown into the labor market. The state weakens from such personnel. Therefore, education is the most important aspect that should be paid attention to when improving the mechanism for combating corruption. After passing through the so-called “high school of corruption”, the student brings the experience of criminal relationships into his further “adult” life, destroying the foundations that ensure the legal development of modern Russia.

Obtaining a diploma of higher education has become the main point, which, in the opinion of the adult part of the population, will provide a comfortable bright future for young specialists. The opinion that higher education is one of the main springboards to a wonderful life is laid in the heads of children almost from the cradle. Many school “failing students” see themselves after school only within the walls of some academy or university, but, alas, not for the sake of knowledge and good education, but only because it is simply indecent not to have a higher education diploma today. And it is not at all important in what way this diploma was received. An incredible excitement has been created in the country around the prestige of higher education, and this area has already turned into a profitable business. "Great minds" have invented many ways to empty parental wallets for the sake of a brighter future for their beloved children. The overwhelming number of parents, for the happiness of seeing the name of their child in the lists of enrolled in the first year, pay incredibly generously, completely forgetting that knowledge is acquired only through colossal work, which consists in studying various disciplines, reading literature and the works of scientists, that that only real knowledge today makes it possible for a university graduate to move up the career ladder.

So why is the question of the existence of corruption in education so acute today? I believe that this is primarily due to the fact that the activities of the younger generation are now completely lacking those cause-and-effect relationships that determine its expediency: young men do not have a clear goal, often due to the fact that they cannot determine their own place in this world, but most often this resonance occurs due to laziness, which "kills" any desire to develop, reach new heights, and that is why people resort to other ways to ensure their, as it seems to them, a bright future, one of which is called a dacha bribes. The opinion expressed above is confirmed by various sociological polls: for example, according to the recruiting site, 20% of the survey participants do not see anything reprehensible in bribes to teachers, considering it a part of the educational process. “As far as I know, the mogarych takes everything and everywhere! - writes a visitor to the forum "Bribes in the universities of Rostov" Andrey. - But why catch on this? After all, no one raises the question of how to pay, otherwise you will not study, most of the pays to make it easier to study ... ”.

One way or another, today we have a huge problem that leads to a diminution of Russian education both inside the country and abroad, a deterioration in the quality of education received, and an increase in the number of unqualified specialists. What measures are advisable for the state and society to take in such a situation:

First of all, it is worth developing in the minds of even schoolchildren a negative attitude towards such a phenomenon as corruption: this can be done by creating and holding various events, in the process of which young men would be explained how dangerous and destructive corruption can affect as a person's life, and for the development of the entire state. Thus, the task of anti-corruption education comes to the fore.

The second, no less important aspect is the activities of law enforcement agencies to combat corruption. In my opinion, law enforcement officials should be encouraged to fight corruption more intensively: this can be done with the help of monetary bonuses, which would be a kind of reward for an open case of receiving a bribe by an official or giving it to such.

Third. It is necessary to actively introduce into the practice of combating corruption in Russia the basic principles of foreign anti-corruption technologies that have shown high efficiency.

Fourth. It is necessary to create a kind of free source of public opinion in universities, schools, academies and other educational institutions: a newspaper or a magazine, in which Russian citizens could point out the aspects to which the government should pay attention in the process of exposing corruption in the field of education.

Bringing my thinking to its logical conclusion, I would like to say that corruption is a phenomenon that did not appear today, the process of its existence and development is incredibly long and difficult. But this problem needs to be solved right now, because the sooner the Russian state gets rid of (minimizes) the phenomenon that today is called corruption, the faster our state will acquire new opportunities for its development, both in the educational, legal and economic spheres.

BIBLIOGRAPHY:

1. Website of the President of the Russian Federation, Transcript of the meeting of the board of the FSB of Russia on March 26, 2015. URL: http://www.kremlin.ru/events/president/news/49006/videos (date of access: 05.11.2017).

2 Vorontsov S.A. A high educational level and civic engagement of young people is the key to success in countering the ideology of terrorism // Science and Education: Economy and Economy; entrepreneurship; law and governance. 2016. No. 7 (74). S. 137-140.

3. Immanuel Kant. "The answer to the question: what is the Enlightenment?" German "Beantwortung der Frage: Was ist Aufklaerung?" (1784)

4. Vorontsov S.A., Ponedelkov A.V. Anti-corruption in the state and municipal service. Rostov-on-Don, 2015.S. 39.

5. On anti-corruption: Federal Law of December 25, 2008, No. 273-FZ (as amended on February 15, 2016) // "Collection of legislation of the Russian Federation". - 2008. - No. 52 (part 1) - art. 6228.

6. Ponedelkov A.V., Vorontsov S.A. The main directions of the state policy of the Russian Federation in the field of combating corruption // Bulletin of the Volga Institute of Management. 2015. No. 1 (46). S. 4-11.

7. Politematic journal of scientific publications "Discussion": The problem of corruption in education: the experience of sociological analysis (OA Logunova, Candidate of Philosophy, Associate Professor,
E.G. Logunova, Cand. Philos. Sciences, Associate Professor) http://www.journal-discussion.ru/publication.php?id=1610

8. Vorontsov S.A. On the organization of anti-corruption education in the Russian Federation // North Caucasian legal bulletin. 2015. No. 1. S. 105-111.

9. Aksenov I.A. Criminalization of the economy as a threat to the economic security of Russia. // Lawyer, 1999, No. 10. with. 20-24.

10. Vorontsov S.A. On the use of the basic principles of foreign anti-corruption technologies that have shown high efficiency in combating corruption in Russia // Lawyer - Pravoved. 2011. No. 1. S. 88-94.

11. The Big Law Dictionary / Edited by A.Ya. Sukharev, V.D. Zorkina, V.E. Krupskikh. M .: INFRA-M, 1999. –VI, 790 p.

When analyzing corruption in universities, one can single out such consequences for society as undermining the authority of higher education, ineffective activities of educational institutions, encroachment on the rights and freedoms of citizens (in the event of coercion to illegal acts), illegal remuneration for such actions, ineffective government spending of budgetary funds, disruption execution of decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation and program events of different levels, etc.

Corruption in education generates destructive social consequences in the form of deformation of the legal consciousness of citizens, the fall of public morality and ethics, entailing a general decrease in the spiritual and moral potential of the state and the development of corrupt thinking among the younger generation. The system of values, where the key factor for the success of the educational process is the presence of a diploma of education, and not the knowledge and qualifications confirmed by this document, leads to degradation of the population and an increase in imbalance in the labor market.

For money today you can enter any university in the country or just buy a diploma. Moreover, this market has become so stable that specific release couplings have appeared on it. For example, a fake higher education diploma “costs” about 20-50 thousand rubles, but if it is “legalized” at a university, then the cost increases to 500-600 thousand rubles. Also, each university has its own price category for passing exams, tests, writing term papers, etc.

Negative consequences of acts of corruption consist in the fact that the state, taking the necessary preventive measures, spending a lot of money on this, providing social support to the educational system, does not receive the final “intellectual product” that ensures the evolutionary development of society. Thus, a person who has received a diploma of graduation from a university is objectively not the “intellectual product” that the state ordered from a specific “supplier” - the university.

Corruption undermines the social, economic and legal foundations of society, in particular, article 43 of the Constitution of the Russian Federation. According to this article, the state guarantees the general availability and free-of-charge of preschool, basic general and secondary vocational education in state or municipal educational institutions and enterprises (part 2), and also establishes the right on a competitive basis to receive higher education free of charge in a state or municipal educational institution and pas enterprise (part 3).

Corruption in higher education institutions can be divided into 3 conditional consecutive stages:

1) admission(this problem was partially solved by introducing the USE system). However, the basis for corrupt actions may be the accrual of additional points to future applicants for the portfolio).

According to some reports, a bribe for admission to an elite Moscow university can reach 1.5 million rubles. The amount of a bribe upon admission to a branch of the Moscow Institute of Technology is about 250 thousand rubles, admission to a budgetary place in a branch of a prestigious university in the Krasnodar Territory costs about 50 thousand rubles, in a branch of a well-known Moscow University in Sochi you can get for 10 thousand rubles. Further from the branch you can painlessly transfer to the parent university.

One and the same university has a paid and budgetary enrollment, in the first case, the parents or the student himself must pay about 800 thousand rubles for 4 years of study, and the bribe for admission to the budget will be 250 thousand rubles. Obviously, the cheaper option will be chosen;

2) period of the educational process(the most widespread and most uncontrollable stage of the spread and flourishing of corruption and corruption schemes). The main problem of the spread of corruption at this stage is the indifference and the profitability of this phenomenon for the students.

At the level of the educational process, corruption is caused by poor-quality teaching, subjective assessment and lack of interest of students in obtaining knowledge.

Public opposition to corruption in universities, in turn, remains ineffective due to the lack of any monitoring of admission to universities and preparation of examination sessions, as well as the disinterest of students and teachers in the fight against corrupt practices;

3) the period of completion of the educational process, postgraduate training, obtaining academic degrees and academic titles. Note that, for example, in the Moscow region, according to some sources, a fake diploma costs about 17 thousand rubles, and in the Voronezh region the service will cost 13 thousand rubles.

Corruption spreads in the specific context of higher education, when the roles, interests and capabilities of the parties to a corrupt transaction complement each other. Often, due to low salaries, teachers are forced to look for additional income in order to make ends meet. Students, in turn, can maneuver in a complex and extremely obscure system of organizing the educational process. For example, informal fees are used to ensure that the required exams are passed and advance to the next academic year, thanks to a face-to-face verbal agreement in the exam room, there is little oversight and regulation of the assessment process. You can pay to retake or upgrade grades in written exams, or to have instructors not pay attention to the use of textbooks or synopses during the exam.

Another example, which is often recorded, is the offer of students to take paid "private lessons", which are mandatory for successful studies and obtaining a diploma.

Some signs of the education system make it vulnerable to certain forms of corruption. As a rule, every year students are divided into course groups, each of which can include up to 20 people. The head of the group is responsible for maintaining a relationship with the course curator, from whom he receives important information about the dates, times of classes and exams. According to surveys among students, gifts from student groups coordinated by the head girl have escalated into the same common form of bribery as buying textbooks or other publications from teachers and professors.

The institutionalization of corruption is also manifested in the establishment of a clear system of exchange of services. Bribery and extortion have also become highly structured, with standardized rate-based procedures for various services that involve a multi-tiered network of intermediaries.

In higher education, different categories of workers provide different specialized services for which they charge money. For example, part-time facilitators may maintain lists of “virtual” students who, for a fee, never show up in class.

Persons holding higher positions in educational institutions can act as providing corruption services when admitting to graduate school, passing candidate exams, as well as unscheduled development of budgetary and extra-budgetary funds. There are also schemes for the development of regional and municipal subsidies and subsidies for research and development.

Among the more specific examples of corrupt practices at different levels of educational institutions, in particular, the following:

1) leadership of admissions committees. Parents and their influential acquaintances turn to the heads of admissions committees to influence the decision to enter universities;
2) administration of the administration. The commercial activity of universities allows for a number of corruption schemes, usually associated with the purchase of goods and services, for example, the construction and renovation of academic premises or the purchase of software;
3) administrative staff of dean's offices and similar units. The administrative staff of dean's offices and other similar services are offered money, gifts and other types of remuneration for receiving fake extracts, certificates of completion of training and diplomas of education. This type of corruption in the administrative bodies of academic institutions is particularly complex and secretive;
4) other categories of personnel. In the context of large higher educational institutions, communication channels are more formalized and isolated. As noted, there is emerging an organized network of staff from training and support personnel who mediate in corrupt transactions for a stable profit, which in many cases can be as much as half the amount of a bribe. This is how a complex system of exchange of "services" and a well-functioning network of intermediaries are formed among auxiliary personnel (methodologists, laboratory assistants, secretaries, employees of personnel departments, dean's offices, even librarians). Thanks to such a system, teachers do not need to directly contact students, since it is common practice for laboratory assistants to act as intermediaries in the sale of good grades for tests, control, laboratory, term and diploma works.

Another example is when students turn to the intermediaries among the staff to pass the session without showing up for control events, tests and exams. For a certain commission, the intermediary "negotiates" with each teacher through his personal channels. The number of students using such a system of a kind of absenteeism can reach tens of people per methodologist and several hundred when it comes to the methodologist of the correspondence faculty 47.

However, the practice of mediation is not unique to training support staff. It is also common among teachers. In this context, the teacher makes a “request” to another teacher, and the agreement has a penniless form. Refusal to help is considered “unethical”, the principle “Manus manum lavat” (in the modern interpretation: “the hand washes the hand, the thief covers the thief”). Decaps and their deputies also receive similar requests, who, by abusing their position, in turn "influence" the teachers;

5) teaching staff. To successfully pass the exam session, a whole range of tactics are used. Teachers are bribed for subjectivity during the exam or credit, or the student's grades in his absence. The nature of the exchange may be different depending on the motives of the participants, who orders the service, the form of bribe (money, gifts, or simply “service” through personal connections) and the number of participants (for example, wholesale - from a group of students, and individual).

The reasons for the emergence of corruption processes in higher educational institutions:

1) low wages with a large volume of workload, insufficient opportunities for self-realization of highly educated people, which leads to the temptation to replenish their budget through academic corruption;
2) unwillingness of some students to make efforts to acquire knowledge and search for ways to illegally obtain a positive assessment for an exam, term paper, diploma, etc., provoking their actions

views of teachers. Since the need for such a service, therefore, a market arises: when a teacher provides additional paid consultations to his students, and open bribery, when a test or exam has its own cost;

3) inaction of students, having their own grounds for corruption:
- - while studying, parents are somehow forced to "support" their children, and students whose parents are not able to provide are forced to earn money on their own, as a result of which they often do not attend lectures;
- - the cause of corruption is associated with the form of education. Thus, the contractual form is considered less corrupt, and the budgetary form of education provides a field for the development of corruption;
4) deformation of market relations, which leads to oversaturation of the modern labor market for university graduates, low market value of specialists who receive higher education, underdevelopment of the modern labor market in terms of low demand for highly qualified specialists, low market cost of teachers' labor;
5) deformation of the regulatory system- destruction of the strict system of external control (ineffectiveness of anti-corruption legislation, impunity for bribery); destruction of internal control and, as a consequence, the low effectiveness of factors restraining corruption practices (fear of punishment, condemnation, shame, etc.);
6) deformation of the value system- general devaluation of morality as a necessary component that determines behavior; low value of self-development; low value of education and knowledge (“high intelligence and hard work are only a relative value”) and, as a result, loss of motivation: at the level of students to acquire knowledge; at the level of the teaching staff - to the conscientious performance of professional duties;
7) peculiarity of the educational process, where specific factors are identified that contribute to the spread of corrupt practices, in particular: state orders and the struggle of universities for places of state orders, which blocks the possibility of students dropping out; lack of external assessment at the stages of study at the university; subjectivity of students' knowledge assessment; the teaching and learning methodology is outdated.

As a consequence, we have low starting educational level of students, the ability to manipulate grades, the practical provision of obtaining a diploma for each student, regardless of the quality of training (a teacher who does not sell grades, puts them under pressure from the administration, or a more loyal teacher gives the desired grade).

Attempts to obtain information through helplines and anonymous message boxes, the introduction of student representatives into the academic councils and the selection committee have so far failed to yield real results.

So, characteristic features of corruption in the higher education system are:

1) consistency, institutionalization and rootedness;
2) various forms;
3) various ways of remuneration;
4) the activities of intermediaries.

The reasons for corruption are also due to the imperfect system of licensing and accreditation of higher education institutions. So, the assessment of the activities of the university is carried out mainly in terms of quantitative indicators, which the educational institution seeks to provide by any means.

Another problem in education is lack of transparency and openness in the distribution of state budget funds among educational institutions. At the official level, corruption in education is recorded mainly at the stage of public procurement. Opaque public procurement attracts the most public attention due to the requirements for the disclosure of this data, while other corruption schemes in education are more difficult to expose, given the secrecy of information. However, from time to time there are reports of incomprehensible distribution of property after the closure of schools and the merger of universities, the sale of land, the opaque rent of student dormitories, the calculation of rates for non-existent personnel, bribes for employment, etc.

Kravchenko L.G., Prokopenko L.I. Features of forms of corruption in the system of higher education in Russia // Philosophy of law. 2016. - No. 1 (74). - P.34.

Mukhamedyarova L.V., Gazizova O.V. Corruption as a global social phenomenon of modernity // Black holes in Russian legislation. - 2015. -No. 3. - P. 99.

In one of the issues of "Scientific Materials", speaking about the typology of corruption, we have already written about the phenomenon, which, by analogy with the term "soft power", was called "soft corruption." Today we will focus on a topic that, judging by the information background, unfortunately, does not lose its relevance in Russia - corruption in the field of education.

Excerpt from the monograph: Sulakshin S.S., Maksimov S.V., Akhmetzyanova I.R. and others. "State policy of combating corruption and the shadow economy in Russia." Monograph in 2 volumes.

Phenomenology of corruption in the educational sphere

According to a survey conducted by the All-Russian Public Opinion Research Center in the period from May 27 to May 28, 2006, 29% of respondents answered , that they gave money and gifts to educators. For comparison: 51% - to medical workers, 31% - to traffic police. Thus, education is one of the three most prone to corruption.

As a result of studies carried out in 2003-2004, it was found that the number of detected crimes related to the facts of bribery, abuse, embezzlement of budget funds and other criminal acts in the education system of the Russian Federation increased by 40%, 8 were registered, 5 thousand crimes annually. Pro-rectors, assistants to the rector, about 20 heads of departments, more than 200 teachers and over 50 school principals were brought to criminal responsibility.

The high level of corruption in our state leads to the fact that Russia loses its investment attractiveness from year to year. Speaking in detail, namely about corruption in the field of education, we observe the same picture - the corruption of education (mostly higher) leads to a decrease in the attractiveness of Russian universities for foreign students. Accordingly, a decrease in the number of students studying in Russia leads to a decrease in the prestige of Russian higher education. Therefore, the issue of corruption in education is, in terms of importance, on a par with such problems as corruption in the judicial system, corruption in the system of executive authorities.

In his work Education and Corruption, Stefan R. Heinemann characterizes an education system free of corruption:

Equality of access to education;

Integrity in the distribution of curricula and materials;

Honesty and transparency of the selection criteria for higher education;

Honesty in the conduct of accreditation, in which all educational institutions are equally assessed according to a system of standards open to publicity;

Honesty in receiving educational services and goods;

Maintaining a system of professional standards by those who lead educational institutions, who carry out teaching activities, regardless of the form of ownership of the institution: private or public.

As we see today, our education system can be characterized through the characteristics indicated by Stefan R. Heinemann only with a minus sign.

Corruption factors

Corruption in the education system can be divided into two levels: grassroots and higher. Corruption at the grassroots level finds its manifestations directly in the learning process: admission to educational institutions, entrance examinations, passing midterm and final exams, and so on. Corruption at the highest level is associated with the system of accreditation, licensing of educational institutions and, mainly, with the system of allocating budget funds to finance the education system (in particular, budget funds allocated for the publication of educational literature). There are a number of reasons for the existence and development of corruption at the grassroots level. Among them I would like to draw your attention to the following.

1. Legal problems related to simple ill-conceivedness and insufficient elaboration of the norms that determine the legal status of the main subjects in the field of education: the norms contained in Art. 16 of the Federal Law of August 22, 1996 No. 125-FZ "On Higher and Postgraduate Professional Education" are too general in nature and contain frequent references to the charter of the educational institution. However, the charter may not contain more specific rules. And issues arising in the framework of the educational process can be resolved by orders and instructions. Thus, the legal framework governing the position of students in the university is unstable and depends for the most part on orders and orders, which are rather situational in nature. Universities, despite the opportunity provided by regulatory enactments (for non-state universities this is a duty - see Art. 11-1 of the RF Law "On Education", Clause 10, Art. 16 of the Federal Law "On Higher and Postgraduate Professional Education"), do not pay enough attention the problem of local regulation of student status. The wording of the statutes often simply copy the norms of the aforementioned laws and the Model Regulations on the University. The issue of disciplinary and material responsibility of students has not been settled either. Issues of student self-government require careful consideration.

A serious legal problem is

imperfection of the norms of criminal law - limited opportunities to bring teachers to justice.

According to the Department of Economic Security of the Ministry of Internal Affairs of the Russian Federation, in 2005 alone, more than three thousand crimes were revealed, including 849 - on the facts of receiving and giving bribes in educational institutions. Among them - sixty-seven cases when rectors, chairmen of admissions committees and teachers were brought to criminal responsibility. The numbers speak for themselves - out of three thousand crimes, only sixty-seven ended in criminal prosecution.

According to Art. 290 of the Criminal Code of the Russian Federation, the subject of the crime is an official, and in the footnote to Art. 285 of the Criminal Code of the Russian Federation discloses the concept of an "official" - this is a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational and administrative, administrative and economic functions in state bodies, local governments, state and municipal institutions, as well as in The Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation. As we can see, we can talk about prosecution if the person who received the bribe performs either the functions of a representative of the authorities, or organizational and administrative, administrative and economic functions.

The Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 of December 10, 2000 provides an explanation of what should be understood by organizational and administrative and administrative functions: labor or service of subordinates, maintaining discipline, applying incentives and imposing disciplinary sanctions. Administrative and economic functions may include, in particular, the powers to manage and dispose of property and funds on the balance sheet and bank accounts of organizations and institutions, military units and subdivisions, as well as taking other actions: making decisions on calculating wages, bonuses, control over the movement of material assets, determination of the order of their storage, etc. " Thus, and this is indicated in paragraph 5 of the Resolution, employees of state bodies and local self-government bodies, state and municipal institutions, performing professional or technical duties that do not relate to organizational and administrative or administrative functions, are not subject to bribes. ...

Before the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 6 of 10.02.2000 was adopted, the practitioners were guided by the Resolution of the Plenum of the Supreme Court of the USSR No. 418 dated March 30, 1990, according to which the subject of an official crime was persons who performed organizational and administrative or administrative responsibilities not only by virtue of the position held, but also in the exercise of special powers assigned to them by authorized bodies or officials. Thus, doctors could be held liable for malfeasance - for abuse of powers related to the issuance of certificates of incapacity for work, participation in draft commissions, teachers - for violation of the duties assigned to them as members of the qualification or examination commission; teachers or educators - for failure to fulfill the assigned duties to ensure order and safety during events or classes.

It turns out that in order to bring a teacher of a state university to responsibility under Art. 290 of the Criminal Code, it must be equated with an official endowed with organizational and administrative functions. But this is possible only in those cases when it comes to the head of the department, the dean, the head of the structural unit of the educational institution. As a rule, teachers, associate professors, professors perform professional duties: they give lectures, conduct seminars, take tests and exams, check tests, term papers and theses, they are not officials, since they do not have the signs of a special subject of an official crime. Then the question remains unclear: how can a teacher of a state university be held criminally responsible for accepting a bribe? Since the university is state, then Art. 204 of the Criminal Code of the Russian Federation "Commercial Bribery" does not apply. We are talking about a teacher performing professional activities, respectively, he is not an official in the sense specified in the footnote to Art. 285 of the Criminal Code of the Russian Federation and Art. 290 of the Criminal Code of the Russian Federation “taking a bribe” does not apply to him. It is necessary to amend the Criminal Code of the Russian Federation - to add professional functions to the organizational and administrative and administrative and economic functions, or to supplement the Criminal Code of the Russian Federation with a new article providing for criminal liability for receiving illegal remuneration in connection with the performance of professional duties.

2. Systemic problems. The power system centers the entire spectrum of management - both the assessment of qualifications and the number of universities. Moscow and St. Petersburg are centers of education that close and will close the entire system. Instead of a polycentric control system, a centered hierarchical one operates. Education in the provinces is becoming less and less prestigious from year to year. The demand for universities in Moscow and St. Petersburg continues to grow, which only contributes to various manifestations of corruption (in the form of giving and receiving bribes, protectionism, etc.).

The corporate policy of the universities themselves is such that universities are not interested in the universalization of education.

There are two elements to this problem:

A) the presence of an artificially supported information phantom of the elitism of the capital's universities (the illusion of a sign);

B) developed corruption relations between the administration of the majority of elite metropolitan universities with high-ranking officials of federal and regional government bodies: benefits for admission and education for children, relatives and acquaintances of officials, inflated fees for participation in the educational process in exchange for services for various forms of support: additional budget funding, assistance in the admission of graduates to public service and service in the most successful commercial organizations.

In non-state universities there is no interest in improving the quality of the level of education of graduates. Expulsion of students for such universities is not profitable, because it is not profitable to lose money. A non-state university should be interested in the quality of the level of education of its graduates. The solution is to introduce a condition for accreditation: the ratio of the number of students enrolled in, say, 4th year students, and the number of graduates. If the difference turns out to be significant, then you just need to close such universities.

In many educational institutions there is no transparency of data on the quality of work, there is no effective system of public control over the learning process. Professional communities work poorly, education is segmented, control over standards is weakening.

Currently, the Ministry of Education and Science itself sets the standards of education and itself controls their observance. It is necessary to create independent expert organizations to monitor compliance with educational standards on an equal basis with the Ministry of Education and Science of the Russian Federation. In the law "On the Public Chamber" 19 among the goals and objectives are listed:

Conducting a public examination of draft federal laws and draft laws of constituent entities, as well as draft regulatory legal acts of executive authorities and draft legal acts of local self-government bodies;

Implementation, in accordance with this Federal Law, of public control (control) over the activities of the Government of the Russian Federation, federal executive bodies, executive bodies of the constituent entities of the Russian Federation and local self-government bodies, as well as over the observance of freedom of speech in the media.

The Public Chamber of the Russian Federation, thus, can conduct an examination of educational standards approved by the Order of the Ministry of Education and Science of the Russian Federation. True, this is not her responsibility. The way out can be as follows - the approval of the standards of the Ministry should take place in conjunction with the scientific and expert center (this can be the Russian Academy of Sciences or a structure specially created for these purposes).

This is the only way to avoid the complete monopoly of the Ministry of Education and Science on the approval and control over the observance of standards in the field of education.

It is possible to create an institute for delegating authority for licensing and attestation of universities to state commissions, which will be created from randomly selected specialists of relevant qualifications and profiles included in the state register (for example, candidates and doctors of sciences certified by the Higher Attestation Commission). In a number of cases, create such commissions with the competitive involvement of foreign experts, representatives of specialized public organizations and organizations for the protection of consumer rights.

There is a large gap between the level of knowledge of school graduates and the requirements of universities to applicants. For this reason, it becomes not only difficult, but practically impossible to enter a university, therefore school graduates and their parents are trying to use not only legal ways to enter a higher educational institution. Thus, the current education system itself encourages corruption. The Ministry of Education and Science, issuing orders on educational standards, in which the principles and foundations of educational programs are laid, must take into account and try to bridge this gap. It is proposed to introduce another year of schooling, which will be aimed at aligning the school curriculum with the requirements of the university. It is necessary to develop a program of secondary specialized education: to conduct monitoring to identify industries where specialists of secondary specialized (professional) education are required; the leadership of the educational institution should interact with potential employers of its graduates. It is also necessary to expand the opportunities for admission of secondary vocational education graduates to universities for senior courses.

Students often lack any motivation to learn. It is easier for students to “buy an exam” rather than take it on their own.

Changing the current system of final exams, for example, in the form of role-playing games, can increase the student's motivation to study, especially since many large employing companies conduct role-playing games during hiring tests. According to a number of analysts, in five years the higher education system may face a fiasco, since the connection between universities and the labor market is lost. When selecting personnel, many private and even state structures shy away from graduates of some higher educational institutions.

Motivation to study is negatively affected by the possibility of recovery provided by our legislation after expulsion for academic failure, and in the same university. Typically, recovery occurs with the loss of a year of schooling. Such a scheme is beneficial for the university if the student studies on a fee-paying basis, because he will have to pay the tuition fees again. In this respect, the experience of Germany is noteworthy, where a person who is expelled due to academic failure is no longer entitled to receive an education in the same specialty.

The self-regulation system is not developed. The existence of corruption in universities is largely due to the neutral attitude to it on the part of a large number of students and makes corruption a massive social phenomenon. It is necessary to create a conflict situation: when expulsion is associated with a large number of costs for the student, the motivation of “non-expulsion” will increase accordingly. Then, the mass anonymous survey conducted among students will reflect the real picture. For example, in England, after the end of the course, an anonymous survey is conducted, which, in fact, is a “feedback channel”.

The very structure of the educational system, based on a qualitative assessment, predetermines the widespread corruption in this area.

Many people call the formalization of knowledge a variant of the solution. However, training according to such a system in our conditions, taking into account cultural and historical traditions, is impossible. As you know, Russia is conducting an experiment with the Unified State Exam (unified state exam) aimed at combating corruption. In this regard, the students were asked the question: "Do you think that the introduction of a unified testing instead of exams (including entrance examinations) and tests can reduce the level of corruption in the university?" To which the following answers were received (sartraccc.sgap.ru/pub/lvovich.html):

Thus, about half of the respondents are sure that the problem of corruption in universities upon entering the Unified State Exam will not help to solve, only the recipient of bribes will change. For a certain list of specialties for admission to a university, passing the USE will not be enough: the bill assumes that universities will be able to conduct additional tests for a certain list of specialties. According to V. Bolotov (Rosobrnadzor), According to bill No. 335155- "On Amendments to the Law of the Russian Federation" On Education "and the Federal Law" On Higher and Postgraduate Professional Education "regarding the introduction of a unified state examination": The unified state examination is a form of independent assessment of the level of educational achievements of students using tasks of a standardized form (control measuring materials), the implementation of which makes it possible to establish the level of educational achievements of students in the development of the federal component of the state educational standard of secondary (complete) general education. a list of such specialties has already been compiled. The possibility of carrying out additional tests for a number of specialties is an absolute necessity.

A negative consequence of the USE may be an increase in the share of paid education. Now, the training of those graduates who show a high score on the USE is funded, but no one can guarantee that when determining the "passing score" its value will not be overestimated in order to reduce funding. So we can state that the Unified State Exam is not a "panacea" in the fight against corruption.

Corruption in education at the highest level is corruption, mainly arising at the stages of accreditation and licensing of educational institutions.

The accreditation mechanism for universities is imperfect and has a number of serious shortcomings. For example, the procedure for accrediting branches of public and private (commercial) universities. If the university is state-owned, then its branch can use the accreditation of the parent university. According to Art. 8 of the Federal Law of August 22, 1996 No. 125-FZ "On higher and postgraduate vocational education" "Branches of higher educational institutions are licensed and certified independently, and state accreditation as part of a higher educational institution."

But if the university is non-state, then each of its branches must have its own state accreditation. Hence, we see unequal conditions for public and private universities to create branches. Of course, for greater transparency of the accreditation process of branches, it is necessary to change the content of Art. 8 of the Federal Law "On Higher and Postgraduate Professional Education" to the following wording: "Branches of higher educational institutions undergo licensing, certification and state accreditation on their own."

Corruption in universities is fueled by the system of distribution of state orders and grants. Currently, the distribution of government orders and grants is a form of hidden embezzlement of budget funds. As a rule, the receipt of government orders and grants is associated with the redistribution of funds through private structures, fake contracts, and a kickback system. Competitions, grants are announced for a long time ago "ordered" topics. The terms and conditions contain such requirements that only one or several suppliers can obviously meet. In 2004, more than 800 billion rubles were spent on the procurement of goods and services for state needs. At the same time, according to the Ministry of Economic Development and Trade of the Russian Federation, 7.7% of all orders were distributed at open tenders and another 10.1% at closed tenders. As a result, 30% of the total number of purchases fell on one supplier.

The Law of July 21, 2005 No. 94-FZ "On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs" 26 regulates relations related to the placement of orders for the supply of goods, performance of work, provision of services for state or municipal needs, for the effective use of budget funds and extra-budgetary sources of financing, expanding opportunities for the participation of individuals and legal entities in placing orders and stimulating such participation, developing fair competition, improving the activities of state authorities and local governments in the field of placing orders, ensuring publicity and transparency of order placement, prevention of corruption and other abuses in order placement.

According to Art. 7 of the said law, “when placing an order by holding a tender, auction, as well as requesting price quotations for goods, works, services, a competition, auction or quotation commission is created. The number of members of the commission must be at least five people. Individuals cannot be members of the commission. personally interested in the results of placing an order(I must say that the wording is rather vague), including individuals who submitted applications for participation in the competition, applications for participation in an auction or applications for participation in a request for quotations (or those on the staff of organizations that submitted these applications), or individuals who can be influenced by participants in the order placement (including individuals who are participants (shareholders) of these organizations, members of their governing bodies, creditors of participants in the order placement). If the specified persons are identified in the commission, the customer, the authorized body that made the decision to create the commission, are obliged to immediately replace them with other individuals who personally not interested in the results of placing an order and which are not able to be influenced by participants in the placing of the order. "

Thus, the very formulations of the norms of the law contain corruption components, plus everything is not clear on the basis of which act the commission is acting, because there is no regulation on its activities or regulations.

Very often, on the basis of prestigious universities, various centers and bureaus are created that participate in competitions, taking advantage of the prestige and brand of this university, as a result of which a huge amount of budget funds "settles" on the accounts not of the universities themselves, but of individual university administrators who control the opening and operation these centers. In Art. 62 of the Law "On placing orders for the supply of goods, performance of work, provision of services for state or municipal needs" states that "persons guilty of violating the legislation of the Russian Federation and other regulatory legal acts of the Russian Federation on placing orders for the supply of goods, performance of work, the provision of services for state or municipal needs, bear disciplinary, civil, administrative, criminal liability in accordance with the legislation of the Russian Federation ", but again the norm is not specific. In addition to the fact that the considered norms are not formulated accurately enough and require concretization, there is another problem - the lack of adequate development of these norms in the sectoral legislation on liability. The issues of attestation of scientific and scientific-pedagogical personnel are also associated with the possibility of growth in the sphere of corruption. The attestation of scientific and scientific-pedagogical personnel is entrusted to the Higher Attestation Commission (VAK), which is a structural subdivision of the Ministry of Education and Science of the Russian Federation. On a number of issues, the Higher Attestation Commission is subordinate to the Federal Service for Supervision in Education and Science.

The Higher Attestation Commission was created in order to ensure a unified state policy in the field of state attestation of scientific and scientific-pedagogical personnel. The VAK is in charge of such issues as the awarding of academic degrees and the award of academic titles. But the final decision on this issue is made not even by the Higher Attestation Commission, but by the Federal Service for Supervision in Education and Science. The service considers the issues of conferring the academic titles of professor in the specialty and professor in the department, associate professor in the specialty and associate professor in the department, awarding the academic degrees of doctor and candidate of sciences and issues the corresponding certificates and diplomas of the established sample, and also considers the issues of deprivation (restoration) of these academic titles and degrees. Thus, the final decision (issuance of the relevant document) has been handed over to the bureaucratic apparatus, and in the conditions of modern corruption of the bureaucratic apparatus, this is fraught with many negative consequences.

Today corruption on the largest scale is widespread in those areas where budget funds are allocated for the development of the education system (for the development of university programs, the publication of educational literature).

Leader of the public movement “Against Corruption” Leonid Troshin said that “according to experts, the share of remuneration — so-called“ kickbacks ”—for the allocation of budgetary funds for the development of university programs for the formation and development of society, the healthy development of the nation. grams reach up to 50% of the funding amount. "

The sphere of publishing literature for educational institutions is one of the most corrupt. The funds allocated for these purposes from the budget are distributed exclusively between the publishing houses affiliated with the Ministry of Education. Literature for the allocated budgetary funds is published much less than necessary, and "inconsistencies" in the volume of output and allocated funds are covered by such structures due to an increase in the cost of production. However, any examination would show a complete discrepancy between the declared price and the low quality of the published literature.

There are several options for solving this problem:

At first, tracking any direct or indirect interest of an official in the distribution of budgetary funds of any particular organization (excluding family ties between an official and an employee of the publishing house);

Secondly, selective examination of the published literature for compliance with the specified price of the product and its quality;

third way- limitation of the period for acquiring exclusive rights to the publication;

fourth-improvement of the procedure for open competitions for the publication of school and professional literature at the expense of budgetary funds;

fifth-possible limitation of the marginal profitability of publications at the expense of the budget.

By the Law "On Education", the federal executive body exercising the functions of control and supervision in the field of education and science is empowered to inspect, by way of supervision, educational institutions on the territory of the Russian Federation, regardless of their organizational and legal forms, types and types, educational authorities and authorized executive bodies of the constituent entity of the Russian Federation exercising control and supervision in the field of education. It would be logical to assume that the Federal Service for Supervision in the Sphere of Education and Science should be independent from the Ministry of Education and Science of the Russian Federation.

Moral and ethical reasons Corruption has become a common phenomenon, one might say an integral part of higher professional education. This is primarily due to the lack of an effective system of prosecution. For objective reasons, it is difficult to prove the facts of giving and receiving a bribe.

The administration prefers to simply fire the bribe-taker without going to law enforcement. Another reason is the insufficiently tough sanctions in terms of deprivation of the right to hold certain positions or engage in certain activities. So, for taking a bribe, Art. 290 of the Criminal Code of the Russian Federation provides for a fine, imprisonment, deprivation of the right to hold certain positions or engage in certain activities. The maximum term of deprivation of the right to hold certain positions or engage in certain activities for the main corpus delicti is three years. It is proposed to increase this period to 5 years.

According to the Department of Economic Security of the Ministry of Internal Affairs of the Russian Federation, bribes in universities have become as commonplace as the extortions of the traffic police (DPS) on the roads:

According to research carried out by the State University - Higher School of Economics, the total amount of bribes in the education system per year is slightly less than $ 1 billion (26 billion rubles). Three quarters of this amount are bribes related to higher education. The total "income" of bribe-takers from education is about 2 times higher than the income of Russia from the export of wheat, and 3 times from the export of cars. The scale is caused by the fact that taking and giving bribes has become a habit, a norm of life. In order to "remind" the society that bribery and other manifestations of corruption in education were and are immoral acts, it is necessary to adopt the Code of Ethics for Educators (Code of Ethics for Teachers). It is also proposed to introduce an oath (similar to the Hippocratic Oath) for students studying in pedagogical specialties. Such a measure is advisable, because education, as well as health care, is the basis for the formation and development of society, the healthy development of the nation.

Thus, corruption in the education system, destroying the moral foundations of society, poses a serious threat not only to the socio-economic situation of the country, but also to the national interests of the country and the security of the state.

The paradox of the situation is that only through education, in principle, it is possible to stop the growth of corruption in society, to reduce its danger.

FORMS OF CORRUPTION IN EDUCATION

Corruption in the domestic education system has a wide variety of forms, which are constantly changing, improving and mimicking.

The most common forms of corruption and economic crimes in education are the following:

Inappropriate use and theft of budget funds.
Abuse and abuse of office.
Fraud committed by a person using his or her official position.
Receiving and giving a bribe.
Manufacturing and marketing of forged educational documents.
The use of knowingly forged higher education diplomas.
Combining state and municipal service with founding and filling positions in commercial organizations.

REASONS FOR SPREADING CORRUPTION IN THE SPHERE OF EDUCATION

There are many reasons that, in one way or another, contribute to the spread and further growth of corruption in the field of domestic education:

For example, corruption in kindergartens and schools, among other things, is fueled by an acute shortage of places (even in relatively prosperous Moscow, the official queue for preschool institutions in 2009 was 16 thousand people). Those who are desperate to wait for a job are traditionally “strongly recommended” in the administration of an educational institution or in the educational governing body “on a voluntary basis” to transfer “charitable donations” for education to one of the extra-budgetary funds created for this purpose.

Yet the main causes of corruption in education are listed below:

Imperfection of legislation and gaps in legal regulation in the field of education.
The presence of deficiencies in organizational and control mechanisms.
A number of socio-economic problems have not been resolved for several years.
Lack of a consistent and systematic approach to fighting corruption in the industry.
Underdevelopment of civil society institutions, civic passivity (infantilism), legal nihilism of citizens.
The lack of transparency in the education system as a whole, the efficiency of spending budget funds (lack of public expertise of the decisions made).
Lack of real mechanisms for the participation of society in the implementation of the principle of the state-public nature of education management.
The obvious disunity between schools in the broadest sense and public organizations designed to enrich the experience of children and young people with the real practice of civil service to society.

One of the most serious problems that led to the growth of corruption in education was the moral crisis that struck society due to the landslide nature of socio-economic and political transformations and the resulting vacuum of values.

The main directions of anti-corruption activities of law enforcement agencies in the field of education (according to the author of this review) should be:

Identification and suppression of the activities of organized criminal communities, and not just individual violators of the law.
Conducting large-scale checks of the validity and legality of the distribution and spending of budgetary funds allocated for the implementation of state programs, the use of state property, followed by a detailed analysis of the results.
Assistance in the formation of systemic anti-corruption legislation in the industry (consolidation at all levels of the powers of institutionalized public organizations to ensure the functioning of the anti-corruption impact system).

Ropaganda activities:

stimulating the activities of public organizations that track the cases, practice and methodology of corruption in the education of Russia, disseminating the information they received;
development, continuous application and use in the mass media of indices of the level of corruption in education, which make it possible to compare regions, educational institutions, decisions of the branches of government and the activities of their specific representatives;
creation of a system of "local publicity" to inform the population about the actions of the most "prominent representatives" of grassroots corruption (mainly by the efforts of public organizations);
constant informing of the society about the progress of the implementation of the anti-corruption program in education (issuance of bulletins, information materials, etc.).

At the legislative level, it is necessary to revise the current regulatory legal acts in the following areas:

unraveling of contradictions and clarification of "nebulas", since all this creates an opportunity for bureaucratic arbitrariness and corruption;
"closure" of numerous reference rules in the current laws;
revision of the scale of punishments for corrupt acts, taking into account the fact that most of them require tougher responsibility;
differentiation in the Criminal Code of corruption in the field of education;
it is advisable to tighten control over departmental rule-making and introduce a permanent examination of legislation for "anti-corruption".

8.s the structure of the content of educational activities

The content of education is one of the most controversial and controversial problems in pedagogical theory. Humanistic pedagogy enriches the modern theory of education with the notion that the content of the educational activity of a teacher is the study of a child; creation of conditions for his self-realization, self-development and self-education; organization of active and creative life of children; pedagogical support of comfortable well-being of the child, his acceptance by the children's community.

Child study

The study of a child involves observation and specially organized research of the physical condition and spiritual development of children and the determination on this basis of rational ways of organizing the educational process. Specific for humanistic education is that the teacher strives to study the child in his inner integrity: he studies the age characteristics of children, gets to know each child as a representative of a certain social and cultural environment. To better understand the child, he puts himself in his place, immerses himself in the memories of his own childhood, uses the comparative evolutionary method, which allows him to record the dynamics of the development of each child, analyzes the objects of children's creativity, systematically observes children in their free manifestation in various activities , combining educational activities with research.

In the theory of humanistic education, the principles of research activities are formulated, which are of strategic, long-term importance. We are talking about interest in the child, acceptance of him as he is, respect for his intrinsic value, about pedagogical optimism, understood as reliance on the positive, about the attitude towards the child as a whole person, etc. An important principle in research is the refusal to compare successes and failures of children. Comparison is possible only with his own experience of previous years.

Creation of conditions for self-realization of the child as the goal and result of the educational activity of the teacher

At the turn of the 19th and 20th centuries, the value of the child's personality was recognized. Humanist educators agreed with Aristotle, who argued that human self-realization is the realization of the essence that is in him from birth, recognized the uniqueness of the child, rejoiced at his dissimilarity from other children, sought to create conditions for the realization of this dissimilarity - respected the child. Thus, in the XX century, respect for the child has become one of the principles of education. It was emphasized that the respect of the child on the part of the teacher is important because it is the basis for arousing the child's respect for himself. The content of educational activities for the implementation of this principle was the creation of conditions for the purposeful systematic development of the child's personality, the establishment of self-awareness in him, the upbringing in the child of the conviction that he himself is both the creator of himself and the creator of his circumstances.

An important idea of the theory of humanistic education, which helps the teacher to understand the child deeper, is that the child's behavior is not identical with his essence. To help develop the spiritual potential, not to suppress the "raw material of the personality" is the creation of conditions for the child's self-realization.

Organization of the active life of children and their involvement in creativity The 20th century brought to pedagogy an interest in the active activity of a child. The child's activity was considered as a prerequisite for the development of the child's abilities, his talents, as a means of achieving success. On the other hand, activity was considered as a vital need of a child and an indicator of his achievements. And finally, the child's activity was seen as a manifestation of his mental activity, views acquired independently.

In pedagogical studies, it was noted that the activity of a child cannot be formed in the conditions of autocratic pedagogy, it is not combined with either the excessive care of an adult, or with the excessive interference of adults in the content of the life of children. Humanistic pedagogy sees the educational task in the gradual transformation of the activities of children, which they organize together with adults, into their independent activities; discipline into self-discipline. Thus, the child's activity was viewed as a prerequisite for his development, and on the other hand, as a result of upbringing. The meaning of educational activities aimed at developing the activity of children is to help the child in building his own personality through creative activity. The teacher-educator attaches great importance to the nature of the interpersonal communication of children in the process of this activity. In the organization of work, games, theatrical performances, artistic creation: music, drawing, modeling, etc., the teacher focuses on the interests of children and their abilities. Experience shows that it is precisely such activity that helps to soften morals, prevents their coarsening, and forms the morality of children.

Pedagogical conditions for affirming a child's sense of security in children's communities

One of the main trends in the development of humanistic education in the pedagogy of the 20th century was the tendency to resolve the contradiction between the personality of the child and the children's community, the desire to assert the well-being of the child's security in the system of interpersonal relations. The majority of humanist teachers managed to create children's communities in which the development of the uniqueness of each child - a member of the team was ensured, the child's right to respect was respected, and children's self-esteem was formed. The humanization of upbringing was associated with the process of socialization of the individual, the most effective environment for which is the children's society. The process of socialization in the interpretation of humanist teachers means the inadmissibility of unjustified suppression of the activity of the individual, the imposition of social functions in spite of the inclinations and aspirations of the individual. They consider the humanization of socialization as a process of maintaining an optimal state of the environment for the development of a personality. Humanist teachers considered the development of social feelings in him to be an essential factor in the child's self-realization, raising him in the spirit of mutual assistance, mutual respect, responsibility and personal dignity. In solving this problem, they attached particular importance to the children's team. Humanist teachers attached decisive importance for the free, confident well-being of children in a team to children's self-government and healthy public opinion, which they saw as a regulator of intracollective relations. At the same time, it was emphasized that the means of collective influence should be used very carefully, only if there is an urgent need for them. The main conditions for the formation of humanistic relations in the children's team are: self-realization of the child. in a variety of activities; self-knowledge of children - members of the team, filling the activities of the children's team with humanistic content; systematic diagnostics of the state of interpersonal relationships and forecasting their further development; introduction of publicity into the life of a child care institution; the formation of an emotional climate favorable for the personal development of the child; ensuring, through the system of the laws of the hostel, guarantees of protection for each child; the organization of the life of the children's institution on the basis of the laws of equality.

One can argue for a long time which of the spheres of state life is the main one. Talk endlessly about the importance of economics and politics. Debate that safety, industry, healthcare are the foundations of public life. However, one should not forget that people are not born politicians, economists, military men, engineers. Professional skills are acquired only through training. The formation of personality takes place within the walls of educational institutions. It is education that is the foundation for building a successful state. Currently, Russian education faces a wide range of issues that require immediate solutions:

The number of university students is growing, and businesses are suffering from a shortage of qualified personnel. A huge number of economists and managers are graduated (and, unfortunately, with a very low quality education), who are simply not needed by the market;

The balance between quantity, quality and the real need for certain labor resources, including those with higher professional education, is upset in the country;

There is an obvious huge gap in the quality of education between the leading and all other universities in Russia;

Our education lacks not only financial resources, but also modern educational technologies;

Many universities in the country teach people who are not able to give the student a modern vision of the world and provide an opportunity to be at the level of today's requirements;

Universities are not able to independently provide today's graduates with special knowledge.

The consequences of these problems are destructive not only for education itself, but also for the state as a whole. There is also one more important problem - the penetration of corruption into the sphere of education. Corruption is a complex multidimensional phenomenon, which is the criminal behavior of officials using their official position aimed at satisfying their personal selfish interests. Despite the obvious illegality, corruption is not just a crime - it is an antisocial phenomenon like unemployment, drug addiction, prostitution. It affects not only the distortion of the interpersonal relations of individual citizens, corruption leads to the destruction of society as a whole. The presence of corruption in a particular area of public life is a sign of its systemic crisis. “In universities today, the socialization of bribe-takers is taking place: here people are raised who are accustomed to bribery as a norm. Due to corruption, education does not fulfill its functions. More and more young energetic guys are thrown into the labor market, less and less professional, less and less talented. The state weakens from such personnel. Therefore, education is the first thing to pay attention to when developing an anti-corruption policy. " Corruption is the cause and at the same time the consequence of all the problems listed above. Having passed the "high school of corruption" the student brings the experience of criminal relationships into his further "adult" life, considers corruption a norm of behavior, builds a corrupt state.

Obtaining a diploma of higher education has become the main point, which, according to parents, will provide a comfortable bright future for their children. The idea that "without higher education in this life - nowhere" is laid in the heads of children almost from the cradle. Now any poor student sees himself only within the walls of some academy or university. Not for the sake of knowledge and a good education: not to have a diploma (or even better - two) is simply indecent today. And it doesn't matter which way this diploma is received. The country has created a maniacal excitement around the prestige of higher education, and in some places this area has turned into a profitable business. Great schemers have come up with many ways to empty parental wallets for the sake of a brighter future for their beloved children. The overwhelming majority of parents are paid incredibly generously for the happiness of seeing their child's surname on the lists of enrolled in the first year. In the period of preparation for the university, the amount of money spent is on average $ 700. However, tutoring enriches only 15-20% of university professors, and even then not all of them have access to entrance exams. Russian families (over 90%) are very eager to ensure that their children receive higher education. Approximately 90% of them are even ready to make high material expenditures in this regard. In total, at least 55% of school graduates enter universities. But it is well known that such a number of people with higher education are not able to consume our economy. Her needs account for only 25% of the total. However, few parents think about the fact that a lot of lawyers, economists, psychologists work after graduation not in their specialty, but at best behind the counter of a supermarket. Of course, one cannot but pay attention to the really low wages of professions that are part of the so-called service sector, but after all, not every "white collar" receives a salary that allows them to live on a grand scale. It often takes more than one year, and sometimes tens of years, to "break out into the people". Higher education is not yet a guarantor of stability in life, but the mentality of Russian citizens cannot be changed. Moreover, "purchased education" does not guarantee work at all. A student who enrolled in a university and studied there, on average 5 years for bribes, is not able to show, having come to the workplace, at least some decent knowledge. An employer who has hired such an employee will try to get rid of him immediately after the end of the probationary period, and, no doubt, a negligent student, and now the employee will not receive positive recommendations.

Corruption in education takes many forms. First of all, it is necessary to separate corruption and pure fraud. Fraudsters, in fact, are not corrupt: they deceive parents, collecting money from them "for admission", although in fact they are not able to influence the admission. As for real corruption, I would single out several of its varieties:

1. pure bribes that the teacher takes for a "successful" exam, whether it be an entrance, graduation or intermediate;

2. "charitable contribution for the development" of the university. Where this money actually goes is not clear, since its spending is completely opaque;

3. "preparatory courses at universities", guaranteeing one hundred percent admission to universities. For example, when submitting documents, applicants are not simply informed about the opportunity to attend such courses, but "strongly recommended." When passing the entrance exams, they ask if they have attended. If not, then the applicant does not pass the entrance tests. Such courses are not only a source of corruption, but also discredit the legally functioning ones;

4. Sale of diplomas. Today, diplomas are sold not only in metro crossings, but also in universities themselves. The danger of this type of corruption lies, first of all, in the fact that the issue of selling a diploma can be resolved only at the highest level (rector, vice-rector). Consequently, if the management of the university is involved in corrupt relations, then ordinary employees will behave in a similar way.

In 2003, the State University - Higher School of Economics launched a sociological study "Monitoring the Economics of Education". A 2003 monitoring carried out with the assistance of the Public Opinion Foundation, VTsIOM (All-Russian Public Opinion Research Center) and the Interregional Center of the State Statistics Committee of Russia testified that real educational programs absorb only 63% of the funds allocated by families for the education of their children. More than 100 billion rubles do not go to educational institutions, they are spent on renting private housing, tutors and bribes. Thus, higher education loses 50 billion rubles a year. Thus, one of the main problems facing education is the problem of corruption. This antisocial phenomenon reached its largest scale in higher education. According to data obtained in 2004, 16% of families were ready to give a bribe for the successful admission of a child to a university. About a fifth of the country's population was involved in corrupt relations related to education. According to experts, the total amount of bribes for admission to a university, including paperwork and a medical examination, is 10.6 billion rubles, the same amount spent by students and their parents for patronage while studying at the university. It turned out that the average bribe in the country for the reception is 35 thousand rubles. The average bribe for admission to an ordinary Moscow university is 119 thousand rubles (4 thousand dollars), and to a prestigious one - 183 thousand (more than 6 thousand dollars). 10% of teachers take bribes on a regular basis.

In early 2005, this three-year study was completed. The main information for the study was the household expenditures on the education of children: annually, 9000 families were surveyed in Russia as a whole (including Moscow) and separately 4500 families in Moscow. Families were selected with children of different ages, and it was recorded how much they spend in one form or another on preschool, school, all types of secondary specialized and higher education.

All education costs were divided into three main types: the so-called "white", official costs; "Gray" costs - unofficial, but not related to violation of the law, for example, fees for a tutor or additional classes with a teacher; and shadow, “black” costs directly related to corruption. "Black" turnover in higher education is about $ 1 billion a year. At the stage of admission to a university, “black” costs amount to 21.0%, while studying at a university on a budgetary basis - 13.1%, and on a paid basis 2.9% of the total annual expenditures of families on education. It should be clarified that, in general, not everyone pays when receiving a bribe, about 5–7% of families. The rest of the students are admitted to universities without clearly engaging in corrupt relations. This figure is quite low. And even despite the fact that bribes for admission are quite expensive, in general, they are not as large as it would seem: the average amount of a bribe in Moscow is $ 4.2 thousand, in Russia (except for Moscow) - $ 1.8 thousand. The “gray” sector in higher education is much wider, especially at the stage of university entrance, where it accounts for 28.3% of education spending.

With regard to corruption in admission to universities, it is actually part of the "gray" costs. These are not direct bribes that are given to those who decide the admission issues, but indirect bribes, formally paid for tutoring, but actually ensuring the admission of the applicant. It is no secret that teachers who are engaged in tutoring aim not to prepare a person to pass the exams honestly, but to receive money for providing patronage upon his admission. Families spend on tutors from many universities up to $ 10-15 thousand per year. On average, in Moscow, fees for tutors from the required university are $ 2.2 thousand. For comparison, other tutors in Moscow are paid only $ 0.8 thousand. Part of this pay gap is undoubtedly hidden corruption.

The rector of the Moscow Art Technical University Pavel Sarkisov spoke very frankly about bribes: “Bribes for admission in a latent or explicit form, of course, have been, are and will be. In Russia, 20-30% of applicants do this. Maybe even up to 50%. But, in my opinion, 50% act honestly. "

Indeed, it is difficult to imagine Russian state universities, and even with a "big name", without a "special set".

The problems, however, don't end there. With the introduction of a market economy, such a phenomenon as paid education appeared in Russia. In this system, a person quite officially, bypassing the "black cash register", contributes a certain, considerable amount and receives an education. What are the pluses and minuses of this method of obtaining a higher education diploma? There are a lot of pluses, in my opinion. Firstly, a certain percentage of taxes goes from the amount paid to the state for the educational process, and secondly, the very psychology of the student is changing. Many students studying in paid universities reason something like this: “If I paid an impressive amount of money, it means that they should give me enough knowledge, and if they, in my opinion, will not be enough, I, as a consumer, have the right to demand improvement of quality provided educational services ". Undoubtedly, not everyone thinks this way, some think differently: “If I have already paid, then why should I pay again,” that is, the student’s attitude towards education does not imply giving a bribe. The position of the teachers themselves working in paid universities is also changing. Receiving a large salary, in comparison with colleagues from state universities, they prefer not a momentary enrichment due to a bribe, but a constant stable income. According to the rector of the Moscow State University, Professor Ilyinsky Igor Mikhailovich at the university for 10 years of his work in this position, he did not have information about a single fact of bribery, because the atmosphere at the university is such that a person who will be noticed in uncleanliness does not work here. And yet, there is a huge problem in paid education. Too many are willing to form puppet institutions that do not provide, in fact, any education. Many applicants who, by virtue of their abilities, could become highly professional specialists, falling into such a university through ignorance, are doomed to be deceived in their hopes.

The activities of non-state educational institutions are regulated by a number of documents. Paid educational activities of state, municipal and non-state educational institutions are regulated by the Law of the Russian Federation "On Education", Federal Law of 22.08.96 No. 125-FZ "On Higher and Postgraduate Professional Education". Legal relations arising from the provision of paid educational services, insofar as they do not contradict the Civil Code of the Russian Federation and the Law of the Russian Federation "On Education", shall be governed by the Law of the Russian Federation dated 07.02.92 No. 2300-1 "On Protection of Consumer Rights." Let us dwell on the key requirements of the legislation in the field of education for the organization of educational activities. The charter of the educational institution must indicate a list of paid educational services (types and types of educational programs being implemented) and the procedure for their provision on a contractual basis. The branches of the educational institution in relations with the consumer act on behalf of this institution (since they are not legal entities) and act on the basis of the charter of the educational institution and the regulations on this branch, and their heads - on the basis of the power of attorney of the educational institution. Branches undergo licensing independently, and state accreditation as part of the educational institution. In the appendix to the certificate of state accreditation of the educational institution, the accredited educational programs of the branch are indicated.

An educational institution has the right to conduct educational activities in accordance with the relevant educational programs from the moment a license (permit) is issued to it, subject to the control standards and the maximum number of trainees fixed in it. The license is issued on the basis of the conclusion of the expert commission when fulfilling the licensing requirements and the relevant conditions for the provision of educational activities. The list of educational programs for which the educational institution has the right to conduct educational activities is indicated in the appendix to the license. The right to issue state-recognized documents to graduates on the appropriate level of education at the educational institution arises from the moment of its state accreditation. The certificate of state accreditation of the educational institution confirms its state status, the level of educational programs being implemented, the compliance of the content and quality of training of graduates with the requirements of state educational standards.

The list of accredited educational programs for which the educational institution has the right to issue state-recognized education documents to graduates is indicated in the appendix to the certificate of state accreditation. The rules for the provision of paid educational services in the field of preschool and general education are spelled out in the decree of the Government of the Russian Federation of 07/05/2001 No. 505. The relationship between the performer and the consumer (student) or his parent (legal representative) for the provision of paid educational services is formalized by an agreement (in simple written form), which, in accordance with the Civil Code of the Russian Federation, refers to an agreement on the provision of paid services.

The approximate form of the contract for the provision of paid educational services in the field of vocational education was introduced by order of the Ministry of Education of Russia dated July 28, 2003 No. 3177. Approximate forms of agreements on the provision of paid educational services in the field of general education were introduced by order of the Ministry of Education of Russia dated July 10, 2003 No. 2994. This document approved the approximate forms of contracts for the provision of paid educational services by state and municipal educational institutions, non-state educational organizations and individual entrepreneurs. Unfortunately, the specified legislative and normative legal acts regulating educational activities are not always used by the heads of educational institutions. Therefore, there was no fundamental improvement in legal relations between consumers and performers of paid educational services.

There are a number of typical violations inherent in unscrupulous non-state universities:

The university in the contract refers to the license and state accreditation, shows the consumer the title page, but later it turns out that your specialty is not only in the appendix to the certificate of state accreditation, but also in the appendix to the license;

(branch) in the contract refers to a license and state accreditation, guarantees a state diploma, but when a student is transferred to another university, it turns out that the university does not have state accreditation in this specialty;

The contract includes a condition on non-refund of the amount paid for the current semester, in case of expulsion due to academic failure, voluntarily or for health reasons;

Diplomas are not issued on time;

Obligations under the contract for the provision of paid educational services are not being fulfilled, classes are postponed indefinitely, curricula change in the direction of reducing or eliminating certain subjects included in the curriculum for the specialty;

With the subsequent re-accreditation of the university, in case of non-accreditation of one or another specialty, students are invited to transfer to another. In the event of a student's refusal, the money spent on training will not be returned to him.

And it is precisely because of such pseudo-educational institutions that the image of paid universities, which provide truly valuable knowledge, suffers. According to the rector of the Moscow State University, 15-20% of 570 non-state universities in Russia are no worse, and in some cases better than some of the state ones. To unite those who profess the strategy of a new quality of higher education, adequate to the challenges of the 21st century, the National Union of Non-State Universities of Russia was created. It brings together established universities with a good business reputation. Such associations will allow both applicants and their parents not to be deceived.

In the first half of 2004, more than 5,000 economic crimes were detected in Russian educational institutions. One of the most notorious cases was the detention of the rector of the Moscow State University of Culture and Arts, who was selling diplomas. The gap between the school and the university is a criminal area in the field of education. The requirements for obtaining a certificate of maturity and the requirements for entering a university are significantly divorced from each other. This is where an institutional gap has emerged. And this gap was filled by three institutions: white - preparatory courses, gray - tutoring, black - bribery and the use of social connections. It is often very difficult to draw a clear line between the two. For example, if a person is engaged in tutoring who somehow influences the results of admission exams, then it is not clear to which sphere his activity belongs - gray or black.

Corruption within universities in its current scale is a relatively new phenomenon. It is associated with the dramatically increased efficiency of higher education. Now the presence of a specialist with a higher education can affect his income much more than it was in Soviet times, when people with any education earned about the same. Recently, the efficiency of higher education has significantly increased, and therefore many want to get the coveted "crusts".

To counter this type of corruption, it is necessary to disseminate objective information as widely as possible about what diplomas from various universities give. University rankings based on data on salaries and jobs of their graduates will lower the quotes of those institutions that trade in their diplomas, and vice versa, will strengthen the reputation of truly strong educational institutions. This is also one of the methods of fighting corruption.

Determination of the cost of a diploma and the prestige of a particular university should be done in a market way. In developed countries, each university keeps track of the subsequent biography of its graduates, posting data on their salaries in the first five years after graduation in the public domain on the Internet. This is how the rating of universities is formed, which is determined not by the ministry, but by the market. In addition, in Western countries, alumni associations are actively working, which monitor the work of their university, draw up its programs, take people from there to their jobs, being captains of industry. In Russia, alumni associations gather once a year for a drink. However, Russian businessmen are already beginning to understand the need for trained, qualified personnel, and therefore, in one way or another, they are beginning to influence programs, looking closely at various universities. In the current demographic situation, when the number of graduates will soon equal the number of places in universities, educational institutions will have to fight for students. Then the universities themselves will create alumni associations and publish data on their future careers.

Corruption must be combated not only by traditional administrative methods. No less important is a thorough analysis of the situation and the use of methods to eliminate criminal zones.

At the moment, the authorities are trying to find a way out. With the USE (unified state exam), the situation, it would seem, should have changed radically, but in reality there was only a shift and even an expansion of the circle of people with access to illicit enrichment. Under the old system, there were several ways to enter a university for money - to go to this university for preparatory courses, to hire a university tutor, and to give a bribe. It turns out that all these methods work after the introduction of the USE.

The preparatory courses not only did not curtail, but, on the contrary, are experiencing a rapid rise. According to the professor of the Perm State University Trosheva, the audience is overcrowded, and this is connected, first of all, with the Unified State Exam. Applicants and their parents have become more responsible when it comes to entering the university. Tutoring, previously hidden, is now completely freely practiced by teachers. Veniamin Rykov, Vice-Rector for Academic Affairs of Vyatka State University, described the situation as follows: “This way of part-time work is literally flourishing now. After all, before, at least in our country, it was very strict with this: since I was a tutor for an applicant, then you cannot take part in admission exams, and last year we did not have any special problems in admitting students based on the results of the Unified State Exam ” ...

There is another important factor influencing the spread of corruption. Official data show that the teacher's salary is only 66% of the national average. The state should stop forcing teachers to take bribes, that is, start paying them humanly. A teacher is always a person who, bringing knowledge to students, himself tries to improve in his field. For a true scientist, there is no end to the study of the problematics of his specialization. This circumstance also requires financial support. The cost of books often reaches 20-30% of the monthly salary, and the teacher bears such costs not once a year, but much more often. But in addition to spending on science, there are also universal, consumer needs. Thus, the payment for the hard work of the teacher does not correspond to his needs. The hour is not even, and, apart from "werewolves in epaulettes", a similar term "werewolf with a pointer" will take root in our country.

In addition to low wages, low ethics of both students and teachers plays an important role in the spread of corruption. Ethics in education is the ethics of education, i.e. principles and rules of relationships in the educational community in general and in each individual educational institution, in the teaching staff, in the relationship between teachers and students. The sphere of higher education, due to its corruption, has become an extremely unfavorable environment for public morality. As a result, there is a change in the actual role of educational institutions in society. With a "specially pedagogical" understanding, education can be presented in two ways - as a) an activity for the transfer and development of knowledge and experience, or b) an activity for the transfer of knowledge and experience in order to form a personality - a full-fledged member of a given society. However, against the background of socially critical and destructive trends in education, these differences in understanding the mission of education lose their relevance.

Today the question of whether it is possible to defeat corruption, and most importantly how to do it, remains open. According to Andrey Fursenko, “The only way to fight corruption is, again, the requirements for high-quality training. If young people understand that their future is connected with the quality of their education (and today they very weakly connect these two things, they associate their future, perhaps with a diploma, with a piece of paper, but not with the quality of training), if they understand, that the quality of training can really ensure their success in the future life, they will still require knowledge. And if the teacher is placed in such conditions that, depending on how well he prepares students, he will either remain teaching at the university or not, if the university is placed in conditions where, depending on how successfully its graduates get settled after graduation, it will be preserved as a university, it will receive a higher rating, and it will be more in demand. Now, if the leadership of the university knows this, then it will fight corruption much more effectively than any law enforcement agencies "

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