Teach children under the educational program of the Russian Federation? What is waiting for Ukrainian colaboration teachers
But in any case, the question of the responsibility of teachers who cooperate with the occupiers is relevant. The media reported single cases of arrival and teaching in Ukraine in the occupied territories of Russian teachers. For the most part, the Russian curriculum began to teach Ukrainians. It is not clear what the scale is. From different sources you can understand that not mass. So teaching Ukrainian territories on Russian training programs - or not? Crime.
But the idea of how it should work from a legal point of view is being formed right now. The danger is that children will be shown a picture of the world that is very different from reality and hostile to Ukraine. Children can be easier to propagate and manipulate.
One of the Geneva Conventions - the Convention for the Protection of Civilian Population during the war -ratified war - establishes that the occupying state should contribute to the proper functioning of the institutions responsible for the care of children and their education.
If institutions are unable to ensure the maintenance and education of children, the occupation state should provide the educational process for children who have lost their parents or divorced with them as a result of war and who are not able to receive care by a close relative or friend. Education, as far as possible, should take place by teachers of their nationality, language and religion.
It is clear that Russia does not comply with these requirements: it impedes the work of educational institutions and teachers who teach in accordance with the Ukrainian curriculum. The occupying country is not something that does not provide, but on the contrary, impedes the teaching of children by specialists who are close to them in culture, language and traditions.
But, probably, the Geneva Convention refers to the requirements for the performance of administrative functions, that is, what the occupying authority should do (organization of care about children who have lost their parents or divorced with them, the education of these children), and not executive - their own provision of educational services that teachers should do.
Therefore, it is unlikely that Russian teachers, even if they came to the territory of Ukraine to wash their brains to Ukrainian children, it is possible to accumulate violations of the laws and customs of war. But they can be punished for: 1. Complicity in collaboration (Article 111-1 of the Criminal Code of Ukraine)-if they provide assistance to Ukrainian correspondent teachers or control them (below). 2.
Article 332-2 of the Criminal Code of Ukraine-illegal intersection of the state border of Ukraine in order to harm the interests of the state. 3. Article 110 of the Criminal Code of Ukraine - encroachment on the territorial integrity and inviolability of Ukraine (undoubtedly, Russian language teachers do not run through the city of Kherson with automatic machines, but may make public calls or distribution of materials calling for violation of the territorial integrity of Ukraine). 4.
Article 436-2 of the Criminal Code of Ukraine-justification, recognition legitimate, denial of armed aggression of the Russian Federation against Ukraine, glorification of its participants. This article also appeared in the spring with a full -scale war. What threatens teachers who are Ukrainian citizens in the spring of the Criminal Code was supplemented by Article 111-1 of the Criminal Code of Ukraine "Collaboration".
A collaborator - a long -forgotten one, one could think, a word that means a person who cooperates with the occupying power to the detriment of his country.
Among other things, "Collaboration Activity" provides for the responsibility for propaganda in educational establishments in order to promote armed aggression against Ukraine, to establish and establish temporary occupation of part of the territory of Ukraine, to avoid liability for the exercise by the state-aggressor educational establishments. Only a citizen of Ukraine can be responsible for collaboration.
The listed may be punished by correctional labor, arrest, imprisonment up to three years with the inability to occupy certain positions or engage in certain activities from 10 to 15 years. That is, a collaborator can be deprived of the right to teach up to 15 years. The article also provides for liability for teaching according to Russian education standards (the Russian Federation really has state educational standards for different stages of study) and for promotion in schools.
Foreign citizens cannot be responsible for this article as performers. But they can be accomplices - accomplices, instigators or organizers. Practically assessing the situation, the question arises: how to evaluate the actions of teachers who acted under physical or psychological coercion, such as under the influence of threats of life of relatives.
In this case, the rules of the Criminal Code on the urgent need (that is, a situation where a person committed a crime, trying to distract more danger, and there were no other ways to do it). Therefore, during the consideration of such cases, some of the defendants will take the position that they could not give up teaching because they were threatened and threatened with their relatives.
These cases will be spinning about whether a person who was forced to teach at school would be able to avoid participating in brains and not injured by themselves - for example, to leave the occupied territory or write a statement for dismissal. And whether the danger she was threatened was greater than the harm she caused. The problem is also an investigation into such a number of potential criminals in principle.
Already at this stage, Ukrainian law enforcement officers have registered tens of thousands of criminal proceedings related to the war. And the physical ability to investigate all these cases is doubtful because of their volume. The positive is that the crimes of "violation of the laws and customs of war", "encroachment on the territorial integrity and inviolability of Ukraine", "collaboration" have no limitation period in principle.