DEBARMENT AND DISMISSAL OF EDUCATION WORKER OR THE HEAD OF EDUCATIONAL ENTITY FROM LABOR FUNCTION

Abstract

Debarment and dismissal of the labor function of education staff and the head of the educational organization is currently governed differently, in particular by the labor and criminal procedure legislation. According to the authors, the legal category, described in the article, includes such legal measures as a criminal procedural legal measure of temporary debarment of the suspect or accused from office, regulated by the norms of the Criminal Procedure Code of the Russian Federation, and labor measure of debarment from educational function of teaching staff and the head of the educational organization, regulated by the norms of the Labor Code of the Russian Federation. This article reveals the problem of debarment and dismissal of the labor function of education staff and the head of the educational organization in detail. The authors have addressed a number of problems faced by an enforcer during the implementation of this possibility, in particular, caused by the fact that the head of the educational institution is part of the teaching faculty. In general, the article examines the following issues: the ratio of the head of the categories of educational organization and teaching staff; basics for the application of measures to prevent and suspension of the work functions in an educational organization based on criminal procedural law; a list of circumstances under which the measure of procedural coercion applies; grounds for the application of labor action. The authors have also considered the impact of a criminal case and criminal records on the right to carry out educational activities. The article is based on a detailed analysis of the provisions of the labor laws with respect to matters described above, the criminal procedural legislation, a number of related regulations and judicial practices. The authors have done a tremendous amount of work on the analysis of the reviewed employment relationship; they have also analyzed the legal facts, causes and consequences of preventing the specified categories of people from performing their work functions. This makes the article relevant not only for researchers but also for practitioners of labor, criminal procedure, and educational spheres.