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Publication date: 02.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Certification of teaching staff is an important mechanism for ensuring the quality of education and professional development of teachers, lecturers and other teachers. The legal regulation of the certification of pedagogical workers provides for the establishment of procedures and criteria for evaluating their professional activity, which should ensure an increase in the level of the educational process. This article will conduct a legal analysis of the situation related to the certification of teaching staff and provide a legal opinion on the main aspects of this process.
Basic legal norms
Certification of teaching staff in Ukraine is regulated by a number of legal acts, such as:
The Law of Ukraine "On Education": contains general provisions on professional development and certification of teaching staff.
Regulation on the certification of teaching staff: regulates in detail the certification procedures and criteria.
Orders of the Ministry of Education and Science of Ukraine: regulate the organization and certification of teaching staff.
Legal analysis of the situation
Analysis of the situation by a lawyer in the context of the certification of teaching staff involves consideration of the certification procedure from the point of view of compliance with current legislation. The main aspects of legal analysis include:
Adherence to procedures: the lawyer checks whether all the necessary procedures and attestation rules have been followed, in particular with regard to the preparation of documents and the holding of the attestation meeting.
Assessment of criteria: assessment of compliance of certification criteria with legal requirements.Ensuring transparency and objectivity: checking whether equal opportunities and an objective approach to the evaluation of teaching staff are ensured.
Writing a lawyer request
A lawyer's request may be necessary if the teaching staff believes that the certification was conducted in violation of the law or his rights were violated. The request can be addressed to the relevant bodies that conducted the attestation and contain a requirement to provide an explanation regarding specific aspects of the procedure.
Legal opinion
On the basis of the conducted legal analysis of the situation, a legal conclusion can be drawn regarding the conformity of the procedure of attestation of teaching staff with the current legislation. If violations were found, the lawyer can prepare a legal opinion with recommendations for further actions.
Legal analysis of the situation and conclusion
If a teacher believes that the certification was conducted illegally, he can contact a lawyer or an attorney to conduct a legal analysis of the situation. Analysis of the situation by a lawyer will allow to determine whether the employee's rights have been violated, and to provide appropriate recommendations to protect his interests.
The lawyer's opinion may contain proposals for contesting the certification results, if appropriate, or other legal actions to protect the rights of the teaching staff.
Conclusion
Certification of teaching staff is an important process for ensuring the quality of education and professional development of teachers. Compliance with the legislation during certification is key to ensuring the transparency and objectivity of the procedure. If there are doubts about the legality of the attestation, teaching staff can contact a lawyer or an attorney to conduct a legal analysis of the situation and obtain a legal opinion regarding the protection of their rights.
