Property damage act. Sample and blank form 2021

Property damage report is a document that records damage caused to inventory items belonging to the enterprise. In this case, the intentionality or unintentionality of the actions that caused the damage to the property does not play a role - the act is drawn up regardless of these circumstances.

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Examples of property damage acts:

- when an apartment or office is flooded - when performing any work - when delivering or transporting goods - namely documents

Why is the act needed?

The report refers to the primary documentation of the company, and, being an unconditional written proof of the damage/breakage caused, subsequently becomes the basis for writing off damaged inventory items or sending them for repair.

An employee directly involved in causing damage to company property may be subject to disciplinary action based on this document. It is assigned depending on how seriously the organization’s property was damaged:

comment,
rebuke,
layoffs,
sometimes we even talk about criminal prosecution.

All the nuances of the event are taken into account here, including the presence of intent. In addition, on the basis of the act, the management of the enterprise has the right to demand compensation for material damage from the culprit.

School is a place where children receive not only knowledge, but also a variety of life experiences, spending most of the day outside of parental care. Their safety is a matter of concern and responsibility for parents, teachers and school administration. Zelenograd.ru tried to raise a small part of the issues related to school safety and discuss with an expert the rules of conduct at school in several specific situations: damage to school property, theft and damage to other people’s property at school, tardiness and violation of school access rules, bad behavior of children in lessons and during breaks, as well as the problem of smoking among schoolchildren.

In the studio is Svetlana Viktorovna Timakova, a specialist from the district education department, who spoke about who and how monitors compliance with standards of behavior within school walls.

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- Svetlana Viktorovna, let's talk first of all about how school safety is regulated today - what are the rules, documents, regulations?

— Today I would like to talk about the prevention that is carried out at school regarding all offenses that may exist. And, first of all, I want to say that we are all educated people, we know our rights, but, unfortunately, we very often forget our responsibilities. And without knowing our responsibilities, we begin to infringe on the rights of other people. Of course, when parents come to an educational institution, choosing it according to one or another principle, they are guided by the fact that the child will be comfortable, safe and study well at this school. But when submitting an application to enroll a child, you must still very carefully read the charter of the educational institution. Sometimes parents write in the application “I have read the charter,” but do not look at it themselves, but this is one of the main local acts of any educational institution. The charter contains the main points of the federal law on education, which we are all obliged to comply with. The charter contains information about what rights students and parents have, and what an educational institution is obliged to do. Therefore, the charter must be studied by every parent, and it is advisable to have it at home.

— Do I understand correctly that the charter contains both specific rules for a given school and federal and regional components common to all?

— Naturally, because each school has its own internal daily routine, its own rules of behavior for students. And if you want to know your child’s rights, you should definitely look at these documents.

— Not a single parent can say “I’m not familiar with the charter,” because when a child enters school, he is obliged to sign and, perhaps, receive the charter in his hands?

— The school is obliged to familiarize each parent with its charter, and, naturally, the parent, if possible, should study this charter. Since our information space is now quite open, the charters of many schools are on school websites. You can go to the website, see the schedule, teachers, get acquainted with the charter, the rules of school life, and the requirements that the school places on students and parents. Parents should take more active advantage of this opportunity.

— So, if one of our listeners is now thinking, “I don’t know the charter of the school where my child is studying,” he should go and study it, and we even have the right to advise him to do so?

- Yes, he has the right to do this as the legal representative of a minor.

Damage to school property: parents will fix it

— Let's talk about specific examples of violations...

— In our educational institutions, of course, there are conflict situations. Sometimes conflicts arise regarding damage to school property. This is a sore point, and I’ll explain why. The fact is that the bulk of our educational institutions are public, we have only a few private schools. And in public schools, the state spends budget money on the formation of the material and technical base of the institution. And believe me, every director and teacher wants all the classrooms and their equipment to be in order. And when children accidentally or maliciously begin to damage property... you understand, it doesn’t appear out of thin air.

- Fine. For example, my child scribbled a word on his desk, the name of his beloved girl. The teacher caught him doing this. What happens next?

— This is a state educational institution, the state financed this desk. An analogy: if you damage a seat on the subway, for example, by cutting it up, this will be classified as petty hooliganism. That is, the administrative code will come into its own.

“And school isn’t some kind of special world?” Do the same rules and laws apply here?

— Absolutely the same laws that apply on the territory of the Russian Federation.

“But if a child violates them, then his parents will be responsible for him.”

- Absolutely right. Because in our country, a child’s responsibility begins under a number of articles of the criminal code from the age of 14, and under a number of articles of the administrative code from the age of 16. In general, until the age of 18, a child is a “child”, and parents are responsible for him.

“Returning to this example,” the teacher caught the child, “what happens next?” Surely the teacher must somehow record this violation? Let the matter proceed through the principal, class teacher, and then bring parents to this responsibility, including financial responsibility?

— Here everything happens the same way as in the bulk of government institutions. The class teacher or teacher is obliged to reflect in the report addressed to the director the committed fact of damage to property. A commission created by the administration verifies how true this is. Parents, as legal representatives, are naturally informed. As a rule, the administration and parents agree among themselves without applying legislative norms.

— So, there is a practice of resolving such cases within the school? Does the parent somehow compensate for the damage or does he come and wipe off the inscription on the desk?

- Depending on how badly the property is damaged. But, as a rule, it does not come to court. We come to an agreement with each other and find forms of interaction.

- This is for minor damage to property. Does anything so terrible happen in practice, when the amount is such that you have to go to court - for example, a child broke all the windows at school?

— In my experience, I don’t remember such a situation when the school administration sued legal representatives. We have never had this in practice before.

Theft and damage to other people's property: “The school has enough resources to find the culprit without resorting to lawsuits”

— What if a child somehow damaged the property of another student - for example, tore his jacket?

— All the frameworks of our administrative and criminal legislation apply here as well. The legal representatives of the victim may contact the legal representatives of the person who caused the damage, in person or in court.

— For example, a child comes to the locker room after school and sees that his things are damaged, for example, his clothes are cut. He doesn’t see the culprit - what should he do in this situation when the culprit is not obvious?

- Naturally, contact the class teacher, the administration. Yes, we have such situations, this is life, and there is no escape from it. Again, we do not get to the point of prosecuting lawsuits with the involvement of the police. We are trying to find the culprit within the team and use every opportunity to do so. The school has enough resources to investigate the situation and find the culprit without taking the situation to court action. Otherwise, all we will do is go to court and not study.

— The school and its administration are conducting the investigation themselves?

— The school has security, teachers on duty, and administrators on duty. It is extremely rare that a situation goes unnoticed.

- Did anyone see who entered the locker room - are they starting to question the children somehow?

- It’s absolutely right to ask “who did you see?” It happens that children lose sums of money and phones, which they forgetfully leave behind, although there are notices everywhere that say “Do not leave valuables.” You should try to carry everything with you.

— To what extent does the school “do not want to wash dirty linen in public” and try to hush up some unpleasant incidents when it is not obvious who is to blame? It happens?

— Hushing up is, of course, not our option for the reason that, as you understand, for any educational institution its reputation is extremely important. And if somewhere somewhere we have something out of the norm, it means that our administration did not complete the work, the teachers on duty did not inspect and did not track. They did not raise the children well, did not explain to them that other people’s things are property that must be respected, no matter what it is. In this case, we are obliged to set ourselves the task of improving the methods of education, including legal education, in the educational process.

— By the way, is prevention somehow regulated before and any conversations after problematic situations occur? For example, if a theft occurs at school, it doesn’t matter whether the culprit was found or not, is it the responsibility of the class teacher, for example, to have a conversation with his class: “Guys! This incident happened at our school... Please, I draw your attention once again, watch your things, don’t leave money in your outerwear in the locker rooms”?

“I immediately want to divide all thefts into those that fall under the administrative code and those that fall under the criminal code. And we conduct conversations - without announcing names, as if it were a case in general. We have a responsibility to tell children which pieces of legislation need to be looked at again. After all, our children are our future citizens, and they are obliged to know the legislation of their country. Naturally, the competence of class teachers, educational psychologists, social educators and administration includes the legal education of students.

“So, whenever something happens at school, the children are constantly reminded of these rules.”

“We start with the rules and regulations of behavior, and, as a rule, we end at the end of the year with the same thing: “Dear children, remember that you are not alone. You must respect the rights and freedoms of others, but also defend your point of view.”

— Is it somehow discussed with parents so that they, for their part in the family, conduct preventive conversations with children, remind them of the rules of life in society and in the team?

— Without fail, because parents are participants in the educational process, along with teachers and children. Many schools are beginning to use forums and hotlines in their practice, where parents can ask questions that interest them in real time. No one has canceled parent meetings, where we invite specialists from different departments to speak again for parents. Unfortunately, I must admit that, as a rule, many parents are very reluctant to listen to specialists, juvenile affairs inspectors and the administration, who begin to say: “Dear parents, pay attention to such and such moments.”

— Is the hotline for parents in Zelenograd operational or is it planned to be created? It would be very cool if a parent always had a hotline number on their mobile phone and called if something happened.

— The district education department plans to create a hotline at its level, there is such a project. I repeat once again that many schools already have such opportunities on their websites - we are beginning to use them more and more widely.

“Late and no shift”

— If we talk about security, what rights and responsibilities exist regarding access to school? Often children are not allowed in without a change of shoes and are not allowed out of school during lessons. I know that sometimes the school closes the toilets during classes. Is it possible to kick a child out of class for bad behavior or not? Tell us about these situations.

- Let's go in order. Let's start with the fact that, as you know, we have centralized security in all schools. This is a prerequisite for our educational process. Naturally, if the rules of conduct for students stipulate that they should come to school in a change of shoes and neat clothes, these rules must be followed. If the street is dirty, then the cleaner cannot always clean up after every child who comes in without a change of shoes. And this should be realized by parents that children are required to come with a change of shoes and on time. If a child is late, he disrupts the learning mood and disrupts the lesson: the children are distracted, and the teacher may lose the main information part of the lesson due to the fact that Masha or Vasya were late. After all, we ourselves, as adults, do not allow regular lateness to work - and we must develop such discipline in our children from elementary school. Time is time, you have to arrive at the time.

— If, after all, a child is late, comes without a change of shoes and is not allowed to go to school, where should he go?

“They can’t not let him go to school, because he has already arrived, and the school has already begun to bear responsibility for him. If it is possible for someone to bring replacement shoes or give a child shoe covers - as in an elementary school, where replacement shoes are a mandatory condition of sanitary standards - then the situation, of course, will be resolved. To not be allowed into school and sent somewhere is an extraordinary case, and then the administration takes responsibility for what may happen to the child during this time.

“So parents shouldn’t worry that their child won’t be allowed to go to school for some reason?” As a last resort, he will sit and wait for the start of the second lesson if he is late for the first?

- If he was late for almost the entire lesson and came to the end, then, naturally, there is no point in letting him in, and if he was 10-15 minutes late, then, of course, he will be sent to class.

— With corresponding entries in the diary about behavior?

— With the entry “Dear parents, please note that the child’s morning discipline is suffering.”

Bad behavior in class: a psychologist, teacher on duty or school police inspector will calm you down

— If a child misbehaves in class, can he be expelled from the class? And who is responsible for it in this case?

— Decipher the term “misbehaves in class.” I don't really understand.

“For example, he starts hitting his desk neighbor on the head with a textbook...

- Here, excuse me, the criminal code comes into force.

-... loudly calling names...

- If this is a censored form, then that’s one thing, if it’s obscene, then...

- ...shoots paper from a tube, pulls a neighbor’s pigtail...

— You give examples that, to one degree or another, harm another child.

- What should happen in such cases? I just remember my school childhood...

— We, as a rule, have an exempt administrator in an educational institution. And if the situation is really “awful”, then you can turn to his help - so that he takes the child out for at least a few minutes, the child calms down, comes to his senses in the presence of an adult and goes to continue his lessons. Everything that you have just listed is, as a rule, not just a violation of discipline, it is extreme forms of manifestation of negative behavior. But in general, of course, if a child is quite weak, he is not interested in learning due to lack of motivation, or due to his abilities he does not master the program very well, then our teachers try to give him slightly modified material so that the child still keeps up with the process. Nevertheless, such cases, of course, do occur - when children do not behave properly in class. But we cannot kick the child out of class, because we are responsible for his life and health.

- If he behaves really badly, is this duty administrator necessarily called?

- As a last resort, the child can be seated at the last desk, given a task, and calmed down. You yourself understand that children are children. As a rule, such situations arise in pre-teenage or adolescence, when children try to attract the attention of the opposite sex, to somehow declare themselves in the team. But mostly experienced teachers work for us, and they always know how to calm this or that child - to sit someone down, to someone simply to say: “Get up, take a breath, please sit down, calm down.” That is, apply any minimal psychological and pedagogical techniques.

— Basically, the task of putting things in order in the classroom and calming the child lies with the teacher who is teaching the lesson?

- Absolutely right, since during the lesson he is responsible for the life and health of the students.

- And in some extreme cases? Here on our site forum there was an example when a boy allegedly threatened his classmates with a knife. Should the police be called in this case?

— We had such a precedent. I can’t tell you how it ended because the trial is still ongoing. In general, each educational institution is assigned a school inspector for juvenile affairs of the Department of Internal Affairs, on the territory of which the school is located - his functions include educational and preventive work in the school. Each parent can find out which inspector is assigned to the school, from which department of internal affairs, when he arrives - this information is on the school information stand. The Department of Education and the Moscow City Internal Affairs Directorate entered into an agreement with each other to ensure that school inspectors work more effectively in educational institutions and thereby strengthen the legal education of children. You understand perfectly well that a person in uniform, endowed with administrative power given by the state, is always perceived by students much better than a familiar teacher, and everything he says is received with more positive interest. Therefore, our educational institutions very often involve school inspectors to carry out preventive measures; each school has a plan and schedule for such joint activities, signed by the Department of Internal Affairs.

When the situation is absolutely extreme, as you say - a child is running around with a knife and poses a danger to other children - then we are talking about an offense in the form of crimes. And, of course, the school should contact the school inspector if it cannot resolve this situation on its own.

— And the school, most likely, cannot cope on its own?

— If the child is small and adequate, you can calm him down: call the school psychologist, he will take the child to his place and have a short conversation. It all depends on the specific situation and its complexity. As a rule, the school still solves problems using its own methods.

“Maybe the guard is trying to do something?”

— The security guard, as a rule, is not, since he is not a member of the teaching staff. We cannot involve him in such situations; he has neither pedagogical nor psychological education. It performs security and access control functions.

Changes: “This is understandable, the children ran, run and will run”

“This means that security rather protects the school from the outside world than the children from each other.” A teacher works with children during lessons, but what happens during breaks? Children run around and fight with each other. As far as I know, there are teachers on duty, but I can’t really imagine how a small woman - a teacher on duty - will separate, for example, eleventh-graders who are fighting or pushing, such “foreheads” under two meters?

— Eleventh graders, as a rule, do not fight. They are already busy with something else.

- Then seventh graders who collide with each other at great speed?

- Yes, here are seventh graders who are faced with enormous speed - this is our most common problem. Again, each school, based on its capabilities and characteristics, organizes the employment of children during breaks. Each school has recreation centers and teachers on duty. Younger schoolchildren can play some games, but, of course, they need to run around, they need to replace mental activity with physical activity - take a break from the lesson. This is understandable, the children ran, ran and will run.

- So from the point of view of the school this is not bad, but on the contrary - natural and good?

- Yes, the child sat for 40-45 minutes, he was tired, he needed to get some relief. But it happens that sometimes, instead of positive release, children can insult each other, run after each other and use some not very legal methods of influencing each other. And therefore it is necessary to keep children occupied during recess, including with some games - this is also our function.

- Duty?

- Not a duty, but rather a function. The subject teacher is obliged to conduct lessons, the teacher on duty is obliged to monitor discipline. And if the school administration has the opportunity to include some other gaming forms of leisure to keep children occupied during recess, of course, we use them.

— Well, for example, seventh-graders leave biology class for recreation. What game forms can there be?

- Absolutely any. You know, they have all kinds of sticky balls that they love to throw at each other. They love to set up targets and compete to see who can hit the target better.

- So, the school should, on the contrary, somehow organize leisure time during breaks - maybe give students these balls for throwing, hang up some targets? I'm exaggerating, of course.

- Naturally. Of course, not darts, which are dangerous, but only those that are harmless. Remember our Soviet childhood, when they gave us skittles...

“But I didn’t have anything like that, I don’t remember.”

- This happened in my childhood. And now many elementary schools use this during breaks, why not, to the best of their ability. Of course, there are rarely any special playgrounds for this.

Smoking: prohibited in school by federal law

- What if the children don’t run around during recess, but just want to... quietly go and smoke?

— I’ll explain why children are not left in the classroom during breaks: we have sanitary and epidemiological standards, according to which we are obliged to ventilate the room. Therefore, if the children begin to say “we want to sit in the classroom during recess,” we still try to send them to move around in order to ventilate the class and prepare it for a new lesson.

As for smoking: smoking in any form in children's educational institutions is prohibited by federal law 87. But, unfortunately, our parents sometimes think: “My child is already a tenth grader, has reached the age of seventeen, I know that he smokes, and I allow him to do this, why shouldn’t he smoke?” I have come across such statements: “I myself allow him to smoke, and I can write a statement that I allow my minor child to smoke.”

- What lovely parents. And you say: “You can write any statement, but it’s prohibited at school”? And if the child still tries to settle down somewhere with a cigarette - for example, he goes to the toilet...

- Just imagine the situation, he goes to the toilet, he smoked. Decay products are in the air...

- No, I'm not saying it's good. I ask what to do about this? Recently there was a story at school 1740, where high school students smoked, and the director called the police (description of the situation on the Education Department forum)

— The director called the school inspector. We are currently conducting an additional investigation into the incident at school 1740; there are a number of questions for all participants in the educational process. But if we abstract from the situation at school 1740... for example, during recess at some school it is not possible to go into any of the bathrooms, there is smoke. And that means the kids can’t go there or have to breathe this air. Why should we protect the rights of some and forget about the rights of others? The majority of our children are non-smokers, but for some reason everyone forgets about them and shouts about blatant cases where the rights of smokers have been violated.

- No, in my opinion, no one is shouting about this. I want to understand what the school can do about this problem.

— I’m telling you from the very beginning. If such a situation exists from September 1, then, first of all, the director of the educational institution writes an order that he prohibits smoking on the territory of the educational institution. The order applies to everyone - both adults and children.

— Are teachers also not allowed to smoke?

- Naturally. We have a children's educational institution, so let adults somehow solve this problem themselves. Now I will probably hear a lot of questions about “how, this is our right, it is being infringed upon!” But I say again that Federal Law 87, Article 6 prohibits smoking on the territory of an educational institution. Everyone. And period. We either comply with the law or we don’t.

Further, if such an order from the director is issued and precedents nevertheless begin - children begin to smoke - then the administrator on duty, class teacher, teacher or school employee who noticed this, without fail, reports to the director that “by me, so and so , such and such students were observed there violating federal law, the school charter and the rules of student conduct, which stipulate the strictest smoking ban. Naturally, for the first time we invite children, administration, parents and say: “Our dear parents, we ask you to strengthen educational measures against a minor.” All this is recorded, the parents sign that they were familiar with the decision, and for the first time the situation does not get out of control. If smoking becomes systemic, and parents are aware, they signed the protocol, but reports are still being sent, then we are forced to inform our school inspector so that he can have an additional conversation with parents and minors about the fact that we have legislation, and we are obliged to comply with it. You know that if a minor still maliciously violates the law, internal affairs bodies have the right to impose a fine on his legal representatives.

— Do you somehow involve the guardianship authorities in this?

— Guardianship authorities do not perform the function of preventive legal work. They still track those children who have social problems, social orphanhood, this is not entirely true. In cases of offenses, we are helped by school inspectors and the juvenile affairs inspectorate, with whom we work very closely. And if the juvenile affairs inspector believes that work with children needs to be carried out in the Department of Internal Affairs, he has the authority to do so. We have an order from the Ministry of Internal Affairs, which delineates cases when work can be carried out in a school, and when minors can be taken, for example, to a police station.

- So, the school calls the inspector when the school’s patience has already come to an end? When all measures have been exhausted, the legal representatives are aware, the parents have already signed everything - and the student again, for the hundredth time, smokes. Tired of it, impossible. Moreover, he behaves boorishly and does not throw away this cigarette. Then you call an inspector?

- At least we let him know.

“The inspector may say: “I also can’t do anything, I’ll take him away now and work with him.”

— The actions of the inspector are further regulated by orders of the Ministry of Internal Affairs.

— And at the moment when the school administration calls the inspector, should it simultaneously notify the parents?

- Legal representatives of the child - naturally.

— Makes a call to the inspector and a call to the parents. Can parents say: “We’ll come now, pick up the child and flog him”?

— How can you take it away and thereby interrupt the educational process? He has maybe two more lessons. He must complete his studies according to the school schedule, receive homework, etc.

- Can the inspector come and pick up the children?

— The inspector, as a rule, tries to conduct his conversation during the break between lessons, without interrupting the educational process. First of all, we provide an educational process, and only then a preventive one. And we always need the help of our parents. If there is no feedback from parents or they categorically refuse to help the educational institution, then difficulties begin.

Smoking is still an offense. Yes, it is classified as an administrative offense, but it is an offense. And the school does not commit any criminal acts when it responds to an offense. Including with the help of the inspector assigned to the school. Our children are still obliged to respect each other and know basic norms and rules of behavior.

Elena Panasenko

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Who draws up the act

The act can be drawn up by any employee of the organization whose job responsibilities include this function. This could be the head of a structural unit, a lawyer, a secretary, or simply a materially responsible person.

When creating the act, other company employees must be present and act as witnesses to the damage caused. Thus, a special commission is formed consisting of at least three people , preferably workers from different departments.

If the damaged property relates to high-tech equipment or devices, in order to more accurately diagnose the damage, a specialist from an engineering or service department operating within the enterprise or a third-party expert should be involved in drawing up a report.

Drawing up an act: main points

Today there is no standard unified sample act, so the document can be written in any form or according to a template that operates within the company. At the same time, there is a number of certain information that must be included in it:

Date, number and place of writing, name of organization.
In the main part you should indicate
- the essence of the damage caused,
approximate amount of damage.

If there are several items, it is better to arrange all the data in the form of a table.

You also need to enter
- information about the culprit: his position, last name, first name and patronymic

If the perpetrators cannot be identified (for example, in cases of damage as a result of force majeure: disasters, floods, etc.), this must be indicated.

Next in the act you should write conclusions about the consequences of the damage caused to the property: whether this property can be repaired or whether it needs to be written off.
If there are any additional supporting documents, they must be added to the act, marked as a separate item.

Registration of the act. What to pay attention to

When drawing up an act, as well as when writing it, you can be guided by your own considerations, since the law does not impose any special requirements on this parameter. The act can be written on a simple blank sheet of paper or on the organization’s letterhead. You can enter information by hand (with any ballpoint pen, but not a pencil) or type it on a computer.

Important! The act must contain the signatures of its immediate compiler and the employees present - their autographs will indicate that all the information entered in the document is correct.

It is advisable to obtain the signature of the perpetrator of property damage, but if he refuses to sign the document, you can make a corresponding note directly in the act or draw up a separate act of refusal to sign the act.

It is not necessary to certify the form of the act with a seal - from 2021, the use of stamped products in enterprises and organizations is necessary only in cases where this is enshrined in the internal regulatory documents of the company.

The act is drawn up in two copies :

one remains in the company and is sent to the accounting department to write off property or allocate money for repair work,
the second is transferred to the employee who caused the damage.

If necessary, you can make additional copies of the act.

Should a student's parents pay compensation for damage to school property?

From the first days of school, teachers explain to children the rules of behavior in the educational institution. Class hours, extracurricular activities, and individual conversations with children are often devoted to what can be done at school and what absolutely cannot be done. Teachers have a great responsibility for the life and health of each child. In addition, teachers and the administration of the institution are responsible for the property that is in the school. Considering that school is a place where children attend in large numbers, it is rare that anyone in an educational institution can avoid incidents involving a child damaging school property. Children can break chairs, draw on desks, tear up a sofa, break glass, etc. In this regard, parents often have to compensate for the damage caused. In what cases are parents required to compensate for damage caused by their children while at school? How justified will the school's claims for damages be in accordance with current legislation?

Since the school is responsible for protecting the health of the student, every accident that occurs to a student is subject to mandatory investigation. Art. 41 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as the Law) states that protecting the health of students includes the prevention of accidents with students during their stay in an organization engaged in educational activities.

“Organizations carrying out educational activities, when implementing educational programs, create conditions for protecting the health of students, including ensuring the investigation and recording of accidents with students during their stay in the organization carrying out educational activities” (clause 4 of Article 41 of the Law).

Do the Law have the same provisions regarding the protection of school property? The law provides only for the obligation of students, which provides for careful treatment of the property of the organization carrying out educational activities. This rule applies to all categories of students: pupils, pupils, students, etc.

“Students are required to:

comply with the requirements of the charter of the organization carrying out educational activities, internal regulations, rules of residence in hostels and boarding schools and other local regulations on the organization and implementation of educational activities;
respect the honor and dignity of other students and employees of the organization carrying out educational activities, do not create obstacles to other students receiving education;
treat with care the property of the organization carrying out educational activities” (clause 1 of article 43).

Thus, the Law “On Education in the Russian Federation” does not talk about the responsibility of the school and the responsibility of students and their parents if the property of the educational organization is damaged. For clarification, please refer to the Civil Code of the Russian Federation dated November 30, 1994 N 51-FZ (hereinafter referred to as the Civil Code). This means that issues of students’ liability for harm caused at school are classified as civil liability, and issues of compensation for this harm are regulated by the provisions of civil law. The Civil Code places responsibility for causing harm on the person who caused the harm, unless he proves the absence of his guilt. But since a large number of minor children study in schools, “special rules” apply to them for responsibility for their actions and actions.

Responsibility of students under 14 years of age

For harm caused to a minor under fourteen years of age (minor), his parents (adoptive parents) or guardians are responsible, unless they prove that the harm did not arise through their fault (Clause 1, Article 107 of the Civil Code of the Russian Federation). If a minor citizen caused harm while he was temporarily under the supervision of an educational or other organization obliged to supervise him, then this organization is responsible for the harm caused unless it proves that the harm arose not through its fault during the supervision ( Clause 3 of Article 1073 of the Civil Code of the Russian Federation). The absence of a teacher on duty on the floor, connivance in the situation of educating or supervising children, the irresponsible attitude of the teacher towards unacceptable actions on the part of children can lead to damage to school property. Often, children, as a result of careless actions, while playing without violating the School Charter, can break something.

When a student, while at school during a lesson or recess, in an extracurricular lesson or in the GPA, damaged school property, then in most cases he/his parents will not be required to compensate for the damage, since the child should have been under the supervision of either the teacher on duty or the class teacher . Parents will only be required to pay damages if the school can absolve itself of any blame for improper supervision. It is extremely difficult to prove that the school is not at fault, so the school itself most often compensates for the damage. An educational institution, having compensated for losses caused by children under 14 years of age while they were under their supervision, has the right to recover expenses incurred from those persons who poorly fulfilled their official duties in supervising children in accordance with labor legislation.

Responsibility of students aged 14–18 years

The situation is different for those students who are over 14 years old. The school, as an organization supervising a minor, is responsible for compensating harm to a child who causes harm between the ages of 14 and 18, only if such a student does not have income or other property sufficient to compensate for the harm. If the student has income, which is quite rare, then he must compensate for the damage from his own funds and is independently responsible for his actions. If he does not have income or other property sufficient to compensate for the harm, then the harm must be compensated in full or in the missing part by his parents (adoptive parents) or guardian, unless they prove that the harm arose not through their fault (clause 1, 2 Article 1074 of the Civil Code of the Russian Federation). It is assumed that at the age of 14 a person can already be aware of the consequences of his actions. Accordingly, the school’s claims for compensation for damage caused should primarily be addressed to him. And to parents and other legal representatives only in second place.

If parents are presented with complaints regarding the issue of damage to school property, then it is necessary to take into account the age of the child and find out who at the time of the offense was supposed to monitor and control the behavior of the schoolchildren. It is very important that children deliberately spoil this or that school item out of hooligan motives or by accident, without intent. When parents refuse compensation for harm, the school has the right to file a civil lawsuit in court if significant harm has been caused due to a violation of the Charter of the educational organization.

Is the school obliged to compensate the child and his parents if things or money are stolen from the child at school?

Often, teachers at meetings explain to parents that there is no need to bring expensive things to school, for example, tablets or expensive phones, or large sums of money. This is due to the fact that the school is not responsible for the safety of these items. The school should not compensate for such losses. If a child’s phone was stolen at school, and then they found out who did it, then the parents of the minor child who stole the item must compensate for the damage. Responsibility for upbringing in this case lies with the parents.

Each case of property damage must be considered individually. The position of parents in relation to the fact of damage to school property by a child is very important. Many parents consider the onset of responsibility in children for their actions and misdeeds as an educational moment, so they try to compensate for the damage. But in most cases, the school does not have the right to demand any financial compensation for the harm caused.

Actions of the school when determining the fact of damage to school property

If the fact of violation of the school’s Charter and, as a result, damage to property has been established, then teachers who were called upon to provide supervision for children must write explanatory notes. If the case is serious, parents must be notified. The fact of damage must be recorded. You can collect a commission that will assess the losses caused. The damage may be minor, but it may also entail various adverse consequences for the class, complex repairs, calling various specialists, etc.

Claims for damages may be addressed to:

a student who is 14 years old;
school employees;
the student's parents.

The school may adopt a local act that regulates issues related to the procedure for compensation for damage to school property.

In many ways, the actions of students who deliberately damage school property are related to their upbringing and the rules of behavior learned in the family. It is better for parents not to ignore the facts of their child’s bad behavior, especially if there are any consequences. When a child systematically violates the Charter of an educational institution, is on the internal school register or in the commission for minors, then such a student needs a special approach from various school specialists. If children accidentally break or spoil something, then most often a conversation with the class teacher and notification of parents is sufficient.

Author - Safiulina Nuria Romanovna
15.06.2016
All consultations by the author

Act on damage to property due to flooding of an apartment or office

Flooding of apartments in multi-storey buildings is especially common. Offices can also be subject to this problem, as well as detached residential buildings. Even if there are no careless neighbors above the premises, flooding cannot be ruled out. There can always be a water supply failure, a breakthrough in the water heating system, a roof leak, etc.

One of the important procedural actions necessary for subsequent compensation for damage is drawing up an act of damage to property. It is compiled by representatives of the company servicing the building (its emergency service) called to the site of flooding with the participation of the injured party. This must be done within the first 12 hours after calling the authorized persons. If company representatives do not appear on time, it is permissible to draw up the act without them, inviting uninterested outsiders to the commission. In this case, the management company should be sent a written notice, and the act should indicate that it was informed, but did not participate in drawing up the act due to failure to appear when called.

If the room is flooded due to the fault of a specific person, for example, a neighbor above, he also participates in drawing up the act.

IMPORTANT! If the culprit was not identified, he could not be invited, or he refused, this should be reflected in the text of the act.

This document should reflect the following data:

date and exact time of establishment of the fact of flooding;
address of the location of the flooded premises;
localization of water masses;
the reason that water entered the apartment or office;
the culprit of the flood (if identified);
mention of witnesses (if there were any)
description of water damage (based on visual inspection).

ATTENTION! When describing the damage, you need to indicate not only the condition of the ceiling, walls, floor, but also damage to furniture, papers and other property located in the room. This can be done in the form of a defect sheet, inventory, etc.

The remaining parts of the document (header, date, signatures of commission members) are drawn up according to the basic principles of office work. The laws do not provide for a strict form for the document.

ACT No. 11 of inspection of residential premises located at the address: Nizhny Novgorod, st. Vaneeva, 17, apt. 21 dated August 19, 2017

Based on the application (incoming number 134 dated 08/19/2017) from gr. Derevyansky N.Yu. regarding the flooding of the apartment, a commission was formed consisting of:

Head of Housing Department No. 2 Morshansky A.P.;
engineer of housing department No. 2 Peresvetova T.A.;
foreman of housing department No. 2 Nikodimova O.L.

At the time of the inspection, the person responsible for the flooding could not be identified.

The commission conducted an inspection of the residential premises at the specified address.

At the time of the inspection (08/19/2017 at 16:30), the following damage due to flooding was established.

A living room with an area of 26 sq.m. was damaged:

on a ceiling painted with water-based paint, water stains and stains are located over the entire surface;
walls covered with non-woven wallpaper have streaks along the entire perimeter and are partially peeling off;
the floor (laminate) has swelling at the joints;
The door is wooden, painted, swollen and does not close.

The furniture wall in the room was damaged (swollen along the surface adjacent to the wall) and the Sony KDL-32WE613 TV (out of order).

The flooding occurred on August 19, 2017 at 15:45. The following rectification work was carried out:

the hot water riser was closed at 16:00;
hot water supply riser replaced (08/23/2017)

The commission's conclusions: the cause of the flooding is a failure of the hot water supply pipeline (pipe rupture).

Members of the commission: Head of Housing Department No. 2 /Morshansky/ A.P. Morshansky Housing Department Engineer No. 2 /Peresvetova/ T.A. Peresvetova Master of housing department No. 2 /Nikodimov/ O.L.Nikodimov

The act was reviewed by: owner of apartment No. 21 /Derevyansky/ N.Yu. Derevyansky

Liability for property damage

The answer to the question of what punishment is imposed for damaging someone else's property depends on the article under which the crime is classified. If significant damage was not caused to the owner, the act constitutes an offense under Article 7.17 of the Code of Administrative Offenses of the Russian Federation. Documents about the offense are drawn up by employees of the Ministry of Internal Affairs. The case is being considered by the court.

You need to understand that there is no clearly defined amount of significant damage. This figure depends on the financial situation of the victim, but cannot be less than 2.5 thousand rubles. The police and the court will assess the income of the victim, the value of the item that was damaged by the attackers, as well as the amount needed for restoration.

Note!
If the damage was significant, punishment will follow under Article 167 of the Criminal Code of the Russian Federation. It provides sanctions for intentional actions. Aggravating factors under this article are hooligan motives, dangerous actions of the offender and serious consequences for the victim.

Intent can be direct or indirect. The most common motives for such crimes are revenge and hooliganism. If we talk about juvenile criminals, they often want to assert themselves in front of their peers in this way. Damage to someone else's property may also occur due to negligence. The punishment for damaging property will depend on the identity of the offender, his motives and the circumstances of the illegal act.

Criminal liability

Punishment for damaging someone else's property with intent is imposed under Article 167 of the Criminal Code of the Russian Federation. Violators of the law face one of the following sanctions:

fine up to 40 thousand rubles;
compulsory work up to 360 hours;
correctional labor for up to 1 year;
arrest up to 3 months;
forced labor or prison for up to 2 years.

If the criminals were guided by hooligan motives and committed some socially dangerous act - arson, explosion, etc. - or provoked the death of a person, they face forced labor or imprisonment for up to 5 years.

Responsibility for damage to someone else's property due to negligence arises under Article 168 of the Criminal Code of the Russian Federation. In order for punishment for property damage to be imposed according to it, two conditions must be present: a large amount of damage and careless handling of fire or other source of danger.

The perpetrators can be fined up to 120 thousand rubles, subject to compulsory labor for up to 480 hours, correctional labor for up to 2 years or forced labor for up to 1 year, and imprisonment for up to 1 year is also possible.

Administrative liability for damage to someone else's property

An administrative sanction involves a fine for damage to property. However, it is important to distinguish when the actions of attackers are considered an offense and when they are considered a crime. Administrative liability for damage to someone else's property occurs if the act does not cause significant damage.

Act on damage to property when performing any work

When unintentional damage to property occurs due to some life situations, for example, work, the resulting damage must be compensated somehow. If we are talking about the property of an enterprise, then damaged items must be written off or repaired. The person responsible for damage may be subject to administrative or financial liability. The basis for these procedures is a regulatory document - an act on damaged property.

At an enterprise, such an act can be drawn up by an authorized financially responsible employee. The commission must include at least 3 employees of the organization.

ATTENTION! If technically complex equipment is damaged, then a competent specialist should be included in the commission or an expert should be invited.

How to draw up an act

There is no unified form of the act, but it provides for some points that are mandatory to establish the fact of damage to property. As with any official document, the act must include:

name of the organization (or use letterhead);
act number;
Date of preparation;
signatures of the commission members and the person who drew up the act.

The main part of the act, which determines its “specialization,” consists of the following points.

Description of damage:
what material assets were damaged (name, inventory number, quantity);
the approximate amount of damage.
Information about the culprit of the damage. If it cannot be clearly established, this should be noted in the report. The person responsible must be indicated:
the reasons why the damage was caused or allowed to occur;
information about witnesses (if any).
Consequences of damage: it is clarified whether the damaged property can be repaired or needs to be written off.
Applications. They may be additional sources confirming the harm caused, for example, recordings from surveillance cameras, etc.

BytRemontService LLC, Yekaterinburg 08/22/2017

ACT No. 5 On damage to property

In this document, I, the head of the sales department, Anatoly Ivanovich Levanevsky, established that on August 22, 2017, an employee of the administrative and economic department, Antonina Petrovna Revakova, during routine cleaning, unintentionally damaged property belonging to BytRemontServis LLC: LG 34UC79G-B LCD monitor ( pushed off the table onto the floor).

The incident was witnessed by the manager of the sales department, Roman Konstantinovich Sokolenko.

Cause of damage: carelessness when wiping off dust.

The monitor needs repair - replacement of the display matrix, at an estimated cost of 1200 rubles.

Head of Sales Department /Levanevsky/ A.I. Levanevsky Sales Department Manager /Sokolenko/ R.K. Sokolenko

An employee of the administrative and economic service /Revakova/ A.P. was familiarized with the act. Revakova

Administrative fine for damage to property

Administrative liability for damage to property is provided for in Article 7.17 of the Code of Administrative Offenses of the Russian Federation. Only one type of sanction can be assigned. The administrative fine for damage to property ranges from 300 to 500 rubles.

Next, we will consider liability for damage to property by persons under 18 years of age.

Damage to property by minors: article and punishment

Whether a minor will be punished for damaging someone else's property depends on his age. According to the Code of Administrative Offenses of the Russian Federation, punishment can be received from the age of 16. Moreover, this amount must be fulfilled by the violator at the time of the commission of the offense, and not on the date of consideration of the case.

As for eliminating the consequences of damage to property by minors, their parents are responsible for children under 14 years of age. In addition to compensation for damage, they may be held liable for improper performance of their duties. This threatens registration with the juvenile affairs commission. Of course, you can try to negotiate peacefully with the victim and compensate him for all the harm.

Note!
If the child is over 14 years old, he must cover the damage from his income. If he has no savings or income, the responsibility shifts to his parents or guardians.

For example, if school property is damaged, punishment can be avoided by agreeing with the school to personally repair the damaged furniture, buy new furniture, or pay for the services of workers.

According to the article of the Criminal Code of the Russian Federation, minors are responsible for damaging someone else's property from the age of 16. However, this applies only to the first part of this norm. If there are aggravating circumstances, punishment for damage to property will be imposed from 14 years.

Act on damage to property during delivery or transportation of goods

Even if delivery is carried out with all due care, damage to the goods transported cannot be ruled out. Without delving into the reasons and the search for the culprits, it should be noted that the cost of damaged or damaged cargo must be compensated - through insurance, the financial liability of the guilty party, or in another way. The damaged goods themselves must be included in losses when summing up the balance sheet. To do this, you need a documentary basis - an act of damage to property during cargo transportation.

If such problems are discovered upon receipt of the goods, the buyer (recipient), together with the person who delivered the goods (forwarder, courier, driver, company representative), must find out important details that will be mentioned in the act:

name of the damaged product
the amount of spoiled cargo in standard units of measurement (pieces, kg, meters, etc.);
the nature of external damage to the packaging;
whether the goods were properly packaged, whether there is the necessary marking on the packaging.

IMPORTANT! The act must be drawn up immediately after delivery, in the presence of the party who delivered it.

In addition to these details, the act should indicate:

place of delivery and destination of the cargo;
data about all parties: sender, carrier, recipient;
delivery time (according to plan and actual);
description of goods (in accordance with the documentation);
what the cargo looked like upon arrival;
approximate amount of damage.

The findings should establish the cause of the damage and the person responsible for it (if possible).

To ensure reliability, at least two more people must be invited as members of the commission. They can be qualified workers who can assess the damage and certify the damage, for example, an accountant of the recipient organization, a lawyer, a supply manager, etc.

It is advisable to attach additional documentary evidence: photos of the cargo, video recording from the carrier’s car, written evidence from eyewitnesses, etc.

You need to make at least 3 copies of the act:

for the supplier of goods;
for the person or company who carried out the transportation;
for the recipient of the goods.

ACT No. 12 On damage to delivered cargo

Penza, August 17, 2017

The receiver of the goods, representative of Leto LLC Zarubin V.V., drew up this report on the damage to the delivered goods upon receipt.

Sender of the goods: LLC "Our Lemonade".
Recipient of the goods: Leto LLC.
Transportation of goods was carried out by the carrier company Magistral LLC.
Product description: 30 plastic boxes of Bell lemonade in glass bottles with a capacity of 0.33 l, 12 bottles per box.
Value of the goods according to documents: 21,510 rubles.
Consignment note No. 000045278 dated 08/17/2017
Cargo departure point: Penza, st. Belyakova, 19, warehouse 1.
Cargo destination: Penza, st. Austrian, 68, warehouse 2.
Transportation time: estimated - from 12:00 to 14:00 (2 hours), in fact - from 12:30 to 13:45 (1 hour 15 minutes).
Description of cargo received: upon delivery, 30 plastic boxes of lemonade were received, 12 bottles each, including 2 damaged boxes and 18 broken bottles.
The packaging has not been opened, the seals are intact.

Applications:

photographs of damaged boxes;
photographs of broken bottles.

The established cause of cargo damage: excessive speed during delivery, which led to an accident - violation of transportation standards.

The recipient of the cargo, Leto LLC, is required to reimburse the amount of 2,000 rubles.

Members of the commission Head of the reception point of Leto LLC /Zarubin/ V.V. Zarubin Chief accountant of Leto LLC /Nezlobina/ E.P. Nezlobina Head of Warehouse No. 1 Leto LLC /Petukhov/ G.K. Petukhov

The driver of Magistral LLC /Rukavichkin/ R.A. has been familiarized with the act. Rukavichkin

“Safety of students’ property, prevention of loss, theft and damage to property.”

Semernina Natalya Vladimirovna, primary school teacher

Municipal educational institution "Yasnozorenskaya secondary school"

Yasnye Zori village, Belgorod district, Belgorod region.

REPORT FOR SPEECH AT A SCHOOL-WIDE PARENT MEETING ON THE TOPIC:

“Safety of students’ property, prevention of loss, theft and damage to property.”

From the first days of school, teachers explain to children the rules of behavior in the educational institution. Class hours, extracurricular activities, and individual conversations with children are often devoted to what can be done at school and what absolutely cannot be done. Teachers have a great responsibility for the life and health of each child. In addition, teachers and the administration of the institution are responsible for the property that is in the school. Considering that school is a place where children attend in large numbers, it is rare that anyone in an educational institution can avoid incidents involving damage or theft by a child of school property and the property of other students. Children can break chairs, draw on desks, break glass and take other people’s things, etc. In this regard, parents often have to compensate for the damage caused.

These days, the main subject of criminal attacks is a cell phone and money. An item that can be easily taken away and easily sold. Often, when parents buy an expensive item for their child, they do not explain the safety rules. Cases when a child himself gives a phone or tablet to acquaintances or even strangers take second place after thefts and robberies. Often teenagers, unwittingly, become the target of crime by older children. Parents, do not forget that if you buy a cell phone, give a large amount of money to your child, or show care and concern about him, the opposite may happen - your child will become the object of a crime with serious consequences.

To avoid such situations, I would like to once again remind parents and children of the safety rules for using cell phones and expensive things in public and crowded places:

— in public places, you do not need to show your cell phone;

— teenage schoolchildren should not leave their cell phones and other expensive things unattended in accessible places (in classrooms, locker rooms, gyms, etc.);

- do not give your cell phones to anyone, even classmates;

— parents need to hold explanatory conversations with their children as often as possible about the safety rules for using expensive things in public and crowded places.

Responsibility of students under 14 years of age

Criminal liability of minors

A person who has reached the age of sixteen at the time of committing a crime is subject to criminal liability. Persons who have reached the age of fourteen at the time of committing a crime are subject to criminal liability for theft (Article 128), robbery (Article 161), robbery (Article 162), extortion (Article 163).

Article 158 of the Criminal Code of the Russian Federation - Theft,

those. secret theft of someone else's property - punishable by a fine in the amount of 80 to 500 thousand rubles, or compulsory labor for a period of 180 to 240 hours, or correctional labor for a period of 6 months to 2 years, or arrest for a period of 2 to 4 months, or imprisonment for a term of up to 2 to 10 years.

Article 159 of the Criminal Code of the Russian Federation - Fraud,

that is, the theft of someone else's property or the acquisition of rights to someone else's property by deception or abuse of trust, is punishable by a fine in the amount of up to 120 thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a period of up to 180 hours, or correctional labor for a term of 6 months to 1 year, or arrest for a term of 2 to 4 months, or imprisonment for a term of up to 2 years.

Art. 161 of the Criminal Code of the Russian Federation

-
Robbery,
i.e. open theft of someone else's property is punishable by correctional labor for a term of one to 2 years, or by arrest for a term of 4 to 6 months, or by imprisonment for a term of 4 to 12 years.

Article 162 of the Criminal Code of the Russian Federation

-
Robbery,
i.e. assault for the purpose of stealing someone else's property, committed with the use of violence dangerous to life and health, or with the threat of using such violence - is punishable by imprisonment for a term of 3 to 15 years.

Article 213

Criminal Code of the Russian Federation -
Hooliganism,
i.e. gross violation of public order, expressing clear disrespect for society, committed with the use of weapons or objects used as weapons - is punishable by compulsory labor for a period of 180 to 240 hours, or correctional labor for a period of 1 to 2 years, or imprisonment for a period of 1 to 2 years. period from 5 to 7 years.

Is the school obliged to compensate the child and his parents if things or money are stolen from the child at school?

Actions of the school when determining the fact of damage to school property

In many ways, the actions of students who deliberately damage school property, steal phones and money are related to their upbringing and the rules of behavior learned in the family. It is better for parents not to ignore the facts of their child’s bad behavior, especially if there are any consequences. When a child systematically violates the Charter of an educational institution, is on the internal school register or in the commission for minors, then such a student needs a special approach from various school specialists. If children accidentally break, take or spoil something, then most often a conversation with the class teacher and notification of parents is sufficient.

Thank you for your attention!

Municipal educational institution

"Yasnozorenskaya secondary school

Belgorod district, Belgorod region"

Report of a speech at a school meeting

November 30, 2021 on the topic:

“Safety of students’ property, prevention of loss,

theft and damage to property"

Completed by: Semernina Natalya Vladimirovna,

primary school teacher

Municipal educational institution "Yasnozorenskaya secondary school"

P. Clear Dawns 2021