THE CONCEPT OF «PEDAGOGICAL ACTIVITY» IN LEGISLATION AND LAW PRACTICE: A COMPREHENSIVE ANALYSIS OF THE CONTENT
The relevance of the research is related with the lack of a unified approach to the qualification of pedagogical activity in Russian educational legislation and legal doctrine. The main goal is to identify and to systematize the legal features and identification criteria of pedagogical activity,...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2025-07-01
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| Series: | Legal Bulletin |
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| Online Access: | https://en.legalbulletin.ru/data/documents/LB2025no2_2.pdf |
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| Summary: | The relevance of the research is related with the lack of a unified approach to the qualification of pedagogical activity in Russian educational legislation and legal doctrine.
The main goal is to identify and to systematize the legal features and identification criteria of pedagogical activity, based on the results of the analysis of legislation and law practice, to establish the relationship between the pedagogical and legal content of this concept.
The problems under consideration: legal characteristics and identification criteria of pedagogical activity depending on the field of application and the purpose of using the concept.
The research is based on the dialectical method of cognition, using general scientific and special methods.
Conclusions. The legal content of the concept «pedagogical activity» depends on the industry of application and the purpose of use. In the pension legislation the concept of «pedagogical activity» is used for the purpose of protecting those who carry it out from the risk of premature loss of professional work ability; the basic qualifying sign is increased psychophysiological stress, the formalized identification criterion is the place of work and position, the subsidiary evaluation criterion is the nature of the functions performed, the conditions and nature of the activity. In social and labor legislation the desired concept is used to characterize the labor function in order to give teaching staff a special status, which makes it possible to ensure the quality of the educational process. The basic sign is the direct implementation by the employee of pedagogical activity, formalized identification criteria - compliance of the position held by him with section I of the Nomenclature of positions, status in labor, service relations with an organization engaged in educational activities.. The concept of «pedagogical activity» as part of an exception to the prohibition on combining primary and secondary activities is used to ensure the admission of persons to socially useful activities. Formalized identification criteria have not been developed, a discretionary assessment is made by the law enforcer retrospectively when raising the issue of a violation of the prohibition.
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| ISSN: | 2658-5448 |