What academic rights does a teacher have? The legal status of teaching staff. See what "academic freedom" is in other dictionaries

An important component of the legal status teaching staff are their academic rights and freedoms.

The concept of academic freedom is quite widespread in modern European states and the USA. Academic freedom is understood primarily as the right of professors teaching staff, research workers and students freely conduct scientific research, as well as freely dispose of information obtained in the process of such research.

There is an international non-governmental organization “Academy for Academic Freedoms”. It formulated two basic principles of academic freedom:

both inside and outside the educational institution or research organization, complete freedom is allowed to pose any questions and strive for the truth, including about conflicting and unpopular views, regardless of whether one or another point of view hurts anyone;
educational institutions and research organizations have no right to restrict academic freedoms for their full-time employees, or use their public statements as a reason for disciplinary action or dismissal 1.

Academic freedom stems from the specifics of scientific and teaching activities... They are necessary to ensure adequate protection of teachers and researchers from excessive pressure from outside. state structures... Academic freedoms are aimed at ensuring that the teacher has the opportunity to independently choose programs and teaching methods, freely express their opinions, freely participate in scientific research, etc. In addition, academic freedoms provide for the right of teachers to use information resources free of charge and the right to participate in the management of educational organizations.

At the same time, the use of academic freedoms should not violate the rights and legitimate interests of others, the norms of the current Russian legislation, as well as the requirements professional ethics teaching staff.

Academics for academic freedom [ Electronic resource]: http://www.afaf.org. uk / (Date of access: 23.12.2016)

V Russian Federation teaching staff enjoy the following academic rights and freedoms:

1. Freedom of teaching, free expression of one's opinion, freedom from interference in professional activities.
2. Freedom of choice and use of pedagogically grounded forms, means, methods of teaching and upbringing.
3. The right to creative initiative, the development and use of copyright programs and methods of teaching and education within the educational program, a separate academic subject, course, discipline (module).
4. The right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program and in the manner established by law about education.
5. The right to participate in the development of educational programs, including curricula, training schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of educational programs.
6. The right to exercise scientific, scientific and technical, creative, research activities, participation in experimental and international activities, development and implementation of innovations.
7. The right to free use of libraries and information resources, as well as access in the manner prescribed by local regulations educational organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities.
8. The right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed by the legislation of the Russian Federation or local regulations.
9. The right to participate in the management of an educational organization, including in collegial governing bodies, in the manner prescribed by the charter of this organization.
10. The right to participate in the discussion of issues related to the activities of the educational organization, including through the governing bodies and public organizations.
11. The right to associate in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation.
12. The right to appeal to the commission for the settlement of disputes between participants in educational relations.
13. The right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

REGULATION ON THE LEGAL STATUS OF A PEDAGOGICAL WORKER. ACADEMIC RIGHTS AND FREEDOMS OF PEDAGOGICAL WORKERS.

1. General Provisions

2. Academic rights and freedoms

3. Labor rights and social guarantees

4. Working hours

5. Professional development

6. Responsibilities

7.Liability

1. General Provisions

1.1. This provision has been developed in accordance with the Constitution of the Russian Federation, the law "On Education in the Russian Federation" No. 273-FZ dated December 29, 2012, the Labor Code of the Russian Federation as amended by From 30.07.2006, No. 90-FZ, by the decree of the government of the Russian Federation of 30.04.2003, No. 191 "On the duration of working hours (the norm of hours of pedagogical work per rate wages) pedagogical workers ", by order of the Ministry of Education and Science of the Russian Federation of March 27, 2006 No. 69" On the peculiarities of the working time and rest time of pedagogical and other workers educational institutions", By order of the Ministry of Education and Science of the Russian Federation of December 24, 2010 No. 2075" On the duration of working hours (the norm of hours of teaching work per wage rate) of teaching staff

1.2.Legal status a teacher is a set of rights and freedoms (including academic), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

1.3. According to the law on education, “a teacher is individual, which is in labor, service relations with an organization that carries out educational activities, and performs the duties of teaching, educating students and (or) organizing educational activities. " Therefore, this is a teacher, educator, educator additional education, teacher, teacher-organizer, teacher-speech therapist, educational psychologist, etc.

1.4. The right to engage in teaching activities is held by persons with secondary vocational or higher education and meeting the qualification requirements specified in qualification reference books, and / or professional standards. Qualification Requirements and professional standards are specified in the job descriptions of teachers.

2. ACADEMIC RIGHTS AND FREEDOMS OF PEDAGOGICAL WORKERS.

2.1. Pedagogical workers have the right to freedom of teaching, free expression of their opinion, freedom from interference in professional activities.

2.2. Pedagogical workers are free to choose and use pedagogically grounded forms, means, methods of teaching and upbringing.

2.3. Pedagogical workers have the right to creative initiative, the development and application of copyright programs and methods of teaching and upbringing within the framework of the educational program, a separate academic subject, course, discipline (module).

2.4. Pedagogical workers have the right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program of the school and in the manner prescribed by the legislation on education.

2.5. Pedagogical workers have the right to participate in the development of educational programs, including curricula, calendar training schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of the school's educational programs.

2.6. Pedagogical workers have the right to carry out scientific, scientific and technical, creative, research activities, participate in experimental and international activities, development and implementation of innovations.

2.7. Pedagogical workers have the right to free use and access, in accordance with the procedure established by local regulations of the school, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of ensuring educational activities necessary for the high-quality implementation of pedagogical activities.

2.8. Pedagogical workers have the right to free use of educational, methodological and scientific services of an organization carrying out educational activities, in the manner prescribed Russian legislation and local regulations.

2.9. Educators have the right to participate in the discussion of issues related to the organization and provision of educational process schools.

2.10. Pedagogical workers have the right to unite in public professional organizations.

2.11. Pedagogical workers have the right to appeal to the commission for the settlement of disputes between participants in educational relations.

2.12. Pedagogical workers have the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of pedagogical workers

2.13. Academic rights and freedoms of pedagogical workers must be exercised in compliance with the rights and freedoms of other participants in educational relations.

3. Labor rights and social guarantees

3.1. Teaching workers enjoy the following labor rights and guarantees: the right to a shortened working week, to an annual basic extended paid leave, to a long leave for a period of up to one year at least every ten years of continuous pedagogical work, to an early assignment of an old-age retirement pension , to provide teaching staff out of turn with residential premises under social tenancy agreements, the right to provide residential premises with specialized housing stock, as well as other labor rights, measures social support established by federal laws and legislative acts of the constituent entities of the Russian Federation.

3.2. The constituent entities of the Russian Federation are legally entitled to establish additional measures state support graduates of professional educational organizations and educational organizations higher education involved in teaching (young professionals).

3.3. According to the law on education, salaries ( official salaries) teaching staff includes the amount of the monthly monetary compensation for the provision of book publishing products and periodicals, established as of December 31, 2012

4. Working hours

4.1. work time teaching staff, depending on the position held, includes educational (teaching), educational work, individual work with students, scientific, creative and research, as well as other pedagogical work, provided for by labor (job) duties and (or) an individual plan, - methodical, preparatory, organizational (preparation and conduct of work with students, parents, the public, participation in meetings, meetings, duty, etc.) ), diagnostic, monitoring work, work provided for by the plans of educational, physical culture and health, sports, creative and other activities carried out with students.

4.2. Article 333 of the Labor Code of the Russian Federation establishes a reduced working time for pedagogical workers - 36 hours per week. The working time of a pedagogue consists of standardized and non-standardized parts. The norm of hours of academic work for the wage rate is set in astronomical hours - 18 hours, so the breaks between classes, with a 45-minute lesson, are the teacher's working time, which he uses on duty (babysitting in the office), preparing for the next lesson, including airing the office, organizing meals for children, educational, individual, etc. work. The wage rate is paid both for the performance of teaching work within the established norm of hours, and for the performance of other duties stipulated by official duties and qualifications.

4.3. The mode of performance of teaching work is regulated by the schedule of training sessions.

4.4. The unregulated part of the working time is not performed on certain working days of the week, but is calculated for more long terms school work plans for the year, month, MO plans, plans class teacher, timetable, etc. the establishment of any time norms for its implementation, artificially increasing the working time of pedagogical workers in excess of the standardized part of it associated with teaching work, with the exception of the time norm for shifts during the educational process.

4.5. Working hours and rest are determined labor contract, local regulations, work schedules and class schedules.

5. Professional development

5.1. Pedagogical workers have the right to additional professional education in the field of pedagogical work at least once every three years.

6 responsibilities

6.1. The worker, having certain rights, also bears certain responsibilities, incl. he must carry out his activities at a high professional level, ensure the full implementation work program, to develop students' cognitive activity, independence, initiative, creativity, to form a civic position, the ability to work and life, to form a culture of a healthy and safe lifestyle.

6.2. At the same time, he is obliged to apply pedagogically grounded and providing high quality education forms, methods of teaching and upbringing; take into account the peculiarities of the psychophysical development of students and their state of health, observe special conditions required for education by persons with disabilities, interacting, if necessary, with medical organizations; comply with legal, moral and ethical standards, the requirements of professional ethics; respect the honor and dignity of students and other participants in educational relations.

6.3. The employee is also obliged to systematically improve his professional level; pass certification for compliance with the position held, medical examinations (upon admission to work, periodic, extraordinary), training and testing of knowledge and skills in the field of labor protection, comply with the charter, internal labor regulations and other local acts of the educational organization.

6.4 Specific job duties according to the profile of pedagogical work are established by the job description.

6.5. A pedagogical worker is prohibited from:

provide paid educational services students of the educational organization in which he works;
use educational activities for political agitation, forcing students to accept political, religious or other beliefs or reject them, to incite social, racial, national or religious hatred, 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, including by informing students of inaccurate information about the historical, national, religious and cultural traditions of peoples, as well as to encourage students to take actions that contradict the Constitution of the Russian Federation.

7.Liability

7.1 Non-performance or improper performance pedagogues of their official duties are taken into account when they pass certification.

7.2. The employees are responsible for non-fulfillment or improper fulfillment of the duties assigned to them in the manner and in the cases established by the legislation of the Russian Federation.

7.3 The period of validity of the provision is not limited. When the legislation changes, the act is amended in accordance with the established procedure.

1. The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

2. The Russian Federation recognizes the special status of pedagogical workers in society and creates conditions for them to exercise professional activity... Pedagogical workers in the Russian Federation are provided with rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing social significance, and the prestige of pedagogical work.

3. Educational workers enjoy the following academic rights and freedoms:

1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;

2) freedom of choice and use of pedagogically grounded forms, means, methods of teaching and upbringing;

3) the right to creative initiative, the development and use of copyright programs and methods of teaching and upbringing within the educational program, a separate academic subject, course, discipline (module);

4) the right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;

5) the right to participate in the development of educational programs, including curricula, educational schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of educational programs;

6) the right to carry out scientific, scientific and technical, creative, research activities, to participate in experimental and international activities, developments and in the implementation of innovations;

7) the right to free use of libraries and information resources, as well as access, in accordance with the procedure established by local regulatory acts of the organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities;

8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities in the manner prescribed by the legislation of the Russian Federation or local regulations;

9) the right to participate in the management of an educational organization, including in collegial governing bodies, in the manner prescribed by the charter of this organization;

10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;

11) the right to unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;

12) the right to appeal to the commission for the settlement of disputes between participants in educational relations;

13) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

4. The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the norms of professional ethics of teaching staff, enshrined in the local regulations of the organization carrying out educational activities.

5. Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;

2) the right to additional professional education in the field of pedagogical activity at least once every three years;

3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;

4) the right to long leave for a period of up to one year at least every ten years of continuous pedagogical work in the manner prescribed federal body the executive branch responsible for the development of state policy and legal regulation in the field of education;

5) the right to early assignment of an old-age labor pension in the manner established by the legislation of the Russian Federation;

6) the right to provide teachers who are registered as needing residential premises out of turn with residential premises under social rental contracts, the right to provide residential premises with specialized housing stock;

7) other labor rights, social support measures established by federal laws and legislative acts of the constituent entities of the Russian Federation.

6. In the working hours of teachers, depending on the position held, educational (teaching), educational work, individual work with students, scientific, creative and research work, as well as other pedagogical work stipulated by labor (official) duties and (or) individual plan, - methodical, preparatory, organizational, diagnostic, monitoring work, work provided for by the plans of educational, physical education, sports, creative and other activities carried out with students. Specific labor (job) duties of teaching staff are determined by labor contracts (service contracts) and job descriptions... The ratio of educational (teaching) and other pedagogical work within working week or the academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, the specialty and qualifications of the employee.

7. The mode of working time and rest time of pedagogical workers of organizations carrying out educational activities is determined collective agreement, the internal labor regulations, other local regulations of the organization carrying out educational activities, the employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account the specifics established by the federal executive body responsible for the development of state policy and regulatory legal regulation in the field of education.

8. Educational workers living and working in rural areas settlements, workers' settlements (urban-type settlements) are entitled to compensation for the cost of housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses associated with the provision of these measures of social support to teachers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budgetary allocations from the federal budget, and teachers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the constituent entities. Of the Russian Federation and are provided at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation.

9. Pedagogical workers of educational organizations participating, by decision of authorized executive bodies, in the conduct of the unified state examination during working hours and released from their main job for the period of the unified state examination, are provided with guarantees and compensations established by labor legislation and other acts containing norms labor law... The teaching staff participating in the unified state examination are compensated for the work on the preparation and conduct of the unified state examination. The amount and procedure for payment of this compensation are established by the constituent entity of the Russian Federation at the expense of budgetary allocations from the budget of the constituent entity of the Russian Federation allocated for the unified state examination.

10. To attract graduates of professional educational organizations and educational institutions of higher education to pedagogical activities, bodies state power constituent entities of the Russian Federation have the right to establish additional measures of state support.

Article 47. Legal status of teaching staff. The rights and freedoms of teaching staff, guarantees of their implementation

checked today
law dated 08/01/2020
entered into force on 30.12.2012

Art. 47 Education Act in the latest valid version dated August 6, 2019.

There are no new revisions of the article that have not entered into force.

Compare with the revision of the article dated 01/01/2019 01/01/2016 01/01/2015 12/30/2012

The legal status of a teacher is understood as a set of rights and freedoms (including academic rights and freedoms), labor rights, social guarantees and compensations, restrictions, duties and responsibilities that are established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

In the Russian Federation, the special status of pedagogical workers in society is recognized and conditions are created for them to carry out their professional activities. Pedagogical workers in the Russian Federation are provided with rights and freedoms, measures of social support aimed at ensuring their high professional level, conditions for the effective fulfillment of professional tasks, increasing social significance, and the prestige of pedagogical work.

Educators enjoy the following academic rights and freedoms:

1) freedom of teaching, free expression of one's opinion, freedom from interference in professional activities;
2) freedom of choice and use of pedagogically grounded forms, means, methods of teaching and upbringing;
3) the right to creative initiative, the development and use of copyright programs and methods of teaching and upbringing within the educational program, a separate academic subject, course, discipline (module);
4) the right to choose textbooks, teaching aids, materials and other means of teaching and upbringing in accordance with the educational program and in the manner prescribed by the legislation on education;
5) the right to participate in the development of educational programs, including curricula, educational schedules, working academic subjects, courses, disciplines (modules), teaching materials and other components of educational programs;
6) the right to carry out scientific, scientific and technical, creative, research activities, to participate in experimental and international activities, developments and in the implementation of innovations;
7) the right to free use of libraries and information resources, as well as access, in accordance with the procedure established by local regulatory acts of the organization carrying out educational activities, to information and telecommunication networks and databases, educational and methodological materials, museum funds, material and technical means of providing educational activities necessary for the high-quality implementation of pedagogical, scientific or research activities in organizations carrying out educational activities;
8) the right to free use of educational, methodological and scientific services of an organization carrying out educational activities in the manner prescribed by the legislation of the Russian Federation or local regulations;
9) the right to participate in the management of an educational organization, including in collegial governing bodies, in the manner prescribed by the charter of this organization;
10) the right to participate in the discussion of issues related to the activities of the educational organization, including through management bodies and public organizations;
11) the right to unite in public professional organizations in the forms and in the manner established by the legislation of the Russian Federation;
12) the right to appeal to the commission for the settlement of disputes between participants in educational relations;
13) the right to the protection of professional honor and dignity, to a fair and objective investigation of violations of the norms of professional ethics of teaching staff.

The academic rights and freedoms specified in part 3 of this article must be exercised in compliance with the rights and freedoms of other participants in educational relations, the requirements of the legislation of the Russian Federation, the norms of professional ethics of teachers, enshrined in the local regulations of the organization carrying out educational activities.

Pedagogical workers have the following labor rights and social guarantees:

1) the right to reduced working hours;
2) the right to additional professional education in the field of pedagogical activity at least once every three years;
3) the right to an annual basic extended paid leave, the duration of which is determined by the Government of the Russian Federation;
4) the right to long leave for a period of up to one year, at least every ten years of continuous pedagogical work in the manner established by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of higher education, in agreement with by the federal executive body responsible for the development and implementation of state policy and legal regulation in the field general education;
5) the right to early appointment of an old-age insurance pension in the manner prescribed by the legislation of the Russian Federation;
6) the right to provide teachers who are registered as needing residential premises out of turn with residential premises under social rental contracts, the right to provide residential premises with specialized housing stock;
7) other labor rights, social support measures established by federal laws and legislative acts of the constituent entities of the Russian Federation.

In the working hours of teaching staff, depending on the position held, educational (teaching) and educational work is included, including practical training students, individual work with students, scientific, creative and research work, as well as other pedagogical work stipulated by labor (job) duties and (or) an individual plan - methodological, preparatory, organizational, diagnostic, monitoring work, work provided for plans for educational, physical culture and health, sports, creative and other activities conducted with students. Specific labor (job) duties of teaching staff are determined by labor contracts (service contracts) and job descriptions. The ratio of academic (teaching) and other pedagogical work within the working week or academic year is determined by the relevant local regulatory act of the organization carrying out educational activities, taking into account the number of hours according to the curriculum, specialty and qualifications of the employee.

The working hours and rest hours of teachers of organizations engaged in educational activities are determined by the collective agreement, internal labor regulations, other local regulations of the organization carrying out educational activities, an employment contract, work schedules and class schedules in accordance with the requirements of labor legislation and taking into account specifics established depending on the sphere of competence of the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of general education, or the federal executive body responsible for the development and implementation of state policy and legal regulation in the field of higher education.

Pedagogical workers living and working in rural settlements, workers' settlements (urban-type settlements) are entitled to compensation for the cost of housing, heating and lighting. The amount, conditions and procedure for reimbursement of expenses associated with the provision of these measures of social support to teachers of federal state educational organizations are established by the Government of the Russian Federation and are provided at the expense of budgetary allocations from the federal budget, and teachers of educational organizations of the constituent entities of the Russian Federation, municipal educational organizations are established by the legislation of the constituent entities. Of the Russian Federation and are provided at the expense of budgetary allocations from the budgets of the constituent entities of the Russian Federation.

Pedagogical workers of educational organizations participating, by decision of authorized executive bodies, in conducting state final certification for educational programs basic general and secondary general education during working hours and released from the main job for the period of the specified state final certification, guarantees and compensations established by labor legislation and other acts containing labor law norms are provided. Pedagogical workers participating in the state final certification for educational programs of basic general and secondary general education are paid compensation for the work on the preparation and conduct of the specified state final certification. The amount and procedure for paying such compensation are established by the constituent entity of the Russian Federation at the expense of budgetary allocations from the budget of the constituent entity of the Russian Federation allocated for the state final certification for educational programs of basic general and secondary general education.

To attract graduates of professional educational organizations and educational institutions of higher education to pedagogical activities, the state authorities of the constituent entities of the Russian Federation have the right to establish additional measures of state support.

ACADEMIC FREEDOMS ACADEMIC FREEDOMS is the generally accepted name for a group of specific rights and freedoms of the individual realized in the field of education and scientific research... Federal Law "On higher and post-university vocational education" dated July 19, 1996, teaching staff from among the teaching staff, researchers and students of a higher educational institution are provided with AS, including the freedom of a teacher of a higher educational institution to present educational subject at his own discretion, choose topics for scientific research and conduct them with his own methods, as well as the student to acquire knowledge according to his inclinations and needs. Provided by A.S. entail academic responsibility for creating optimal conditions for the free search for truth, its free presentation and dissemination.

A large legal dictionary. - M .: Infra-M. A. Ya. Sukharev, V. E. Krutskikh, A. Ya. Sukhareva. 2003 .

See what "ACADEMIC FREEDOM" is in other dictionaries:

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ACADEMIC FREEDOMS- the right of university teachers to conduct educational work relying only on their own conscience, without restriction from the state or the church, as well as the right of students to self-government and to organize their studies at their own discretion ... Professional education... Dictionary

ACADEMIC FREEDOMS- ACADEMIC FREEDOMS ... Legal encyclopedia

- (see ACADEMIC FREEDOMS) ... Encyclopedic Dictionary of Economics and Law

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Books

Memoirs: From the life of the State Council 1907 1917 , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) `From the life of the State Council 1907-1911` for a long time were not known to researchers. Valuable records were found only in ...
Memoirs: From the life of the State Council 1907-1917. , Grimm David Davidovich. Memoirs of Professor David Davidovich Grimm (1864 1941) "From the life of the State Council 1907-1911." for a long time they were not known to researchers. Valuable records were found only ...

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