Lawyer's comments: law on educational activities 2021. Amendments to the law on education. Introduction of a legal definition of educational activities.
Serious amendments to the law on education are coming. Let's figure out together what they are about and why they are so interesting.
So, on March 16, 2021, the State Duma of Russia adopted in the third reading the amendments to the law on education proposed by deputies and members of the Federation Council.
It is important to note that deputies from the State Duma commission to investigate the facts of interference of foreign states in the internal affairs of Russia had a hand in the creation of the bill. As stated in the explanatory note, the main goal of the amendments is to eradicate anti-Russian propaganda.
It remains for the amendments to pass the Federation Council, and then signing by the president and official publication. The amendments should come into effect on June 1, 2021.
The main and most controversial innovation was the introduction of a legal definition of educational activities. So, in accordance with the official text, this is “an activity aimed at disseminating knowledge, skills, values, experience and competence for the purpose of intellectual, spiritual, moral, creative, physical and (or) professional development of a person, meeting his educational needs and interests."
But at the same time, all this activity is carried out outside the framework of educational programs. All the signs specified in the definition are mandatory for the recognition of educational activities.
The text of the bill emphasizes that educational activities cannot be carried out for:
1. inciting social, racial, national or religious hatred,
2. for agitation promoting the exclusivity, superiority or inferiority of citizens on the basis of social, racial, national, religious or linguistic affiliation, their attitude to religion,
3. as well as to encourage actions that are contrary to the Constitution of the Russian Federation.
The authors of the amendments fear that such consequences may occur, including if educational activities are carried out "through the provision of false information about the historical, national, religious and cultural traditions of peoples."
What about the legal background? The text of the amendments says that the procedure, conditions and forms of conducting educational activities, as well as control over it, will be determined by the Government of the Russian Federation.
That is, it will be like this - the law will be adopted, but the main tools for its use will be ready later. Probably, additional procedures will be introduced related to the coordination of educational programs, but now everything looks vague.
Most likely, various business coaches, personal growth coaches, just people who teach painting at their webinars will have to work hard to "get the go-ahead" for their activities. The law can affect, in principle, any circle of interests, where the author of the idea will share his experience with everyone.
The issue of liability for violation of the law has not yet been disclosed.
It also remains unclear how the unreliability of historical information will be determined in relation to those events that history itself assesses ambiguously.
Educational activity is, in fact, an expression of a subjective view of certain events, areas, methods. Regulation of this activity by legal means can have a detrimental effect on diversity of views and on freedom of speech and opinion.
We will follow how the amendments to the law on education will be implemented in real life and give our comments.
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