Известия высших учебных заведений. Поволжский регион: Общественные науки (Aug 2023)

The constitutional right to education for servicemen

  • Pavel S. Shalaev

DOI
https://doi.org/10.21685/2072-3016-2023-2-5
Journal volume & issue
no. 2

Abstract

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Background. Education is a basic value, and the right to education is one of the basic social rights of the Constitution of the Russian Federation. Servicemen, like other citizens, can enjoy their right to education, but with some restrictions, which are due to the nature of service relations and tasks in the field of defense and state security. Within the framework of the status of a servicemen, educational benefits are provided both for the servicemen themselves and for their family members. The realization of the right to education is a prerequisite for the career growth of a serviceman, as well as for further employment. The relevance of this study is due to the increasing status of the serviceman, the provision of additional benefits to the serviceman and his family members in connection with the socio-economic and political situation in the country and in the world. Materials and methods. The implementation of the tasks was achieved on the basis of an analysis of the normative legal acts of the Russian Federation regulating the procedure for military service, as well as court decisions on the implementation of military personnel under the contract of their right to education. The methodological potential includes a method of comparative legal analysis, which allows you to compare the content and meaning of normative legal acts and court decisions with the actual situation regarding the observance of the right of a serviceman under a contract for education. Results. In the course of the study, the main normative legal acts regulating the issues of military service, as well as court decisions on the issue under study, were analyzed, problems arising during the implementation by military personnel under the contract of their right to education were identified and practical recommendations for solving these problems were given. Conclusions. The study of legal acts on the issue of the implementation of the right to education for servicemen and comparison of the norms of law with the actual situation in the process of military service allow us to conclude that in some aspects of the implementation of the right to education for servicemen, there is insufficient legal regulation. In case of violation of the right for serviceman to education, there are no sanctions for officials. Restriction of the right to education entails restriction of other rights for servicemen.

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