Contemporary Problems of Social Work
Actual problems of legal regulation of religious education in Russia
Автор/Author: Guryleva A.A.
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Public education is an integral part of national culture and spiritual life of society. In Russia education for centuries been associated with Orthodoxy. For centuries, Orthodox ideology was a powerful unifying factor of, where is the faith acts as the system is stable values, Orthodox Christian religion is able to integrate different social forces.
For nine centuries of Russian history was the primary religious education, which was carried out with parish churches and monasteries. Russian parish was actually small Zemsky unit and had both the Church and the state value. The parish priest was obliged to perform public functions not only on the maintenance of the parish records of civil status of the population, but according to his education.
Through parochial school were many statesmen, scientists, writers, generals, won fame as the Russian Empire and the Soviet Union.
The rise of the religious consciousness of our people confirms that the secular state is not an obstacle to the public Ministry of the Church in education, education and science. Any state, and secular, too, is interested in the reproduction of national and cultural identity of the population, in curbing the degradation of the younger generation, in the education of patriotism, through the comprehension of the history and culture of their country. This guarantees the stability and viability of the state. And although the national character is brought up in the family, national consciousness must purposefully to form in the school, including the highest. As practice shows, the history of literature and studies with this task do not. In most European countries and the former Soviet republics of the USSR, the problem is solved by the lessons of religion in educational institutions.
In accordance with the Federal law of the Russian Federation of 26.09.1997 N 125-FZ (edited on 31.12.2014) "On freedom of conscience and on religious associations" everyone has the right to receive religious education of their choice, either individually or jointly with others.
Religious education is the teaching of religion and religious upbringing of the followers of religious groups, including their children or children as well as professional religious education of future priests and religious personnel in religious educational institutions.
Article 2 of Protocol No. 1 To the European Convention for the protection of human rights and fundamental freedoms established that "the State in the exercise of any functions which it assumes in the field of education and learning, respects the right of parents to ensure such education and training that meet their religious and philosophical convictions."
In Russia relations in the sphere of education are governed by the Constitution of the Russian Federation, Federal law "On education in the Russian Federation" dated 29.12.2012 N 273-FZ Federal law of the Russian Federation of 26.09.1997 N 125-FZ (as amended on 31.12.2014) "On freedom of conscience and on religious associations" and other normative legal acts. The state establishes state guarantees, mechanisms of realization of rights and freedoms in the sphere of education, creates conditions for the development of the education system, protects the rights and interests of participants in the educational sphere. 
Within the selected topics were used scientific methods, such as analysis, synthesis, deduction, induction of comparison and analogy, private-scientific methods: systemic, structural, functional and private law: the formal-legal and comparative law.
Over the past five years religious education of the Russian Orthodox Church has achieved many positive results. For example, consistency of the educational process contributed to the quality of the result of raising the level of religious education. Consistency affected, above all, educational programs, which are currently being implemented by the Orthodox schools and grammar schools, Sunday schools and other educational institutions. Currently the curriculum though based on the Church-wide standards, however, they must be met with regard to the requirements of Federal and state standards. 
It should be noted that representatives of the Church were invited to participate in the legislative process in the field of education. So, in the new Federal law "On education in the Russian Federation" in its part concerning religious education, actively participated representatives of a number of Synodal institution. As a result of this work has been included in the law a number of articles on religious education and spiritual and moral education: 2, 10, 64, 87-I and others. 
For the first time at the legislative level the possibility of spiritual and moral education in the school and in the kindergarten. The selection of one of the academic subjects, courses, disciplines (modules) included in basic education programs, by the parents (legal representatives) of the students.
For the first time the country has adopted the Federal state educational standard of preschool education, in accordance with which state and municipal kindergartens can implement moral component, including the subject "Fundamentals of Orthodox culture" in terms of their basic educational program. The transition of preschool educational op-sations on the new standard will be gradual and will take about one year, because there are some tasks that cannot be solved in a short time. You need to improve the quality of the material and technical base of children's gardens, to improve the training and retraining of specialists.
At the same time, not all legislators agree that religious education is a full - fledged component of the educational system in Russia. Ie there is no understanding of what religious education is not limited to Sunday schools and seminaries, and can be put on choice in the kindergarten, school or University. In most countries of the world have such an idea, for example in Germany, we still did not work.
In General it can be said that the Orthodox education today is at a very serious professional. Introduction in 2009, in the secondary schools of Russia comprehensive course "Fundamentals of religious cultures and secular ethics" is an achievement thanks to the joint efforts of our society, the state and the Church. This course is designed to strengthen the inter-religious peace in our country, spiritual and moral education of students, the development of the internal connections between school education and family education. Overall this is a significant contribution to the renewal and school and society.
We give examples of the development of the system of religious education in the Smolensk region. In the 2013/14 year Orthodox culture in the region studied 21 701 people, including: 4647 - module Basics of Orthodox culture, 79393, the subject of the history of the Orthodox culture of the land of Smolensk", 7097 - electives Foundations of Orthodox culture, 1066 - study related items in preschool, 461 - in institutions of additional professional education for children 1037 - in educational institutions of professional education. Behind these numbers is a large long-term work, for each number of people. To identify the impact of spiritual enlightenment in the Smolensk region was used to monitor the development of spiritual and cultural values of Orthodoxy all participants in the educational process. In it participated 4850 people, including students, parents, and students. Surveys of students 8th grade revealed that 72% of the children with interest and benefit to attend classes the basics of Orthodox culture, only 2% feel antipathy or indifference to the Orthodox culture, 81% of high school students would like to continue studying historical and cultural courses Orthodox orientation at the University.
When questioning the students of universities and colleges of the Smolensk region revealing was the fact that the question "What is the role of the ROC in the history of the Russian state?" 56 % expressed the view that the Church plays quite an important role in the history of the Russian state, and 14% of respondents believe that the decisive role, 82 % recognize the significant influence of the Church on the formation of civic, social and family values.
Based on these data we can conclude that society and parents expressed confidence in the existing system of spiritual and moral education.
Today in the Orthodox higher education has finally there are two directions - it is a secular religious education and spiritual education, aimed at the training of clergy and specialists in the field of Church Ministry. The advantages include the work of secular faculties and departments of theology, to the second - spiritual Academy and Seminary. There are educational site on which to develop both. In some non-denominational Church universities are the pastoral office, at the same time some of the seminaries accredited and licensed according to state criteria.
We can say that in recent years these two directions Orthodox education higher structural finally formed and, thanks to the inclusion of the new universities, qualitatively improved.
Another equally important aspect is to work on the Educational concept of the Russian Orthodox Church, which outlined the strategy for the development of the educational system of the ROC for years to come.
Over the past year, there have been important state and Church documents that require appropriate measures to put them into practice. In this regard, each region should work together with the regional Executive and legislative authorities to study the possibility of making appropriate changes and amendments to local laws and regulations:
• develop an action plan for the introduction of the spiritual and moral sphere in educational organizations in the region in accordance with GEF,
• initiate the establishment of pilot sites for the spiritual and moral education based on them,
• to begin to build the registry secular educational organizations that are willing to implement spiritually moral component in basic educational programs.
• in collaboration with training institutes to consider the question of organizing special courses for teachers of preschool education.
• Given the role of the clergy in the upbringing of children, to identify ways of cooperation of the clergy with educational organizations.
The foregoing analysis has shown that today the issue of legal regulation of religious education in Russia is poorly understood. There is a need for historical and legal research legal regulation of religious education in Russia. Best for the study period can be called the second half of the 19th - beginning of 20th centuries, because in this period the education received increased attention, parochial schools were most prevalent in the Foundation of education was based on the principle of "Orthodoxy, autocracy, nationality", prospered in state activities K. P. Pobedonostsev.
A study of the experience of the 19th century will provide solutions to many current problems in education that are currently not regulated by the legislation provides an opportunity to examine holistically and to summarize the regulatory framework in the field of religious education, allows you to show the historical continuity and development, to extract the necessary historical lessons and make scientific and practical conclusions.