MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION KUTAFINA "

DEPARTMENT OF CIVIL AND FAMILY LAW

WORKING PROGRAM OF THE TRAINING DISCIPLINE

"FAMILY LAW"

Direction of training: JURISPRUDENCE.

Qualification (degree) of the graduate: BACHELOR.

Form of study: PERSONAL, PERSONAL-CORRESPONDENCE (EVENING), CORRESPONDENCE for the 2012/13 academic year

The program is drawn up in accordance with the requirements of the Federal State Educational Standard of Higher Professional Education in the field of training 030900

"Jurisprudence" (qualification (degree) bachelor)

Agafonova N.N., Glushkova L.I., Gyurdzhan O.M., Shalagin V.D.

The program was approved at a meeting of the department

protocol No. 6

© Moscow State Law Academy named after O. E. Kutafin, 2012

1. Objectives of mastering the academic discipline. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4 2. The place of the discipline in the structure of the PLO. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6 3. The structure and content of the discipline. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8 4. Planned results of mastering the discipline. ... ... ... ... ... ... 11 4.1. Discipline content (course program). ... ... ... ... ... ... ... ... ... ... 14 4.2. Lectures. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 22 4.3. Practical lessons. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 27 4.4. Independent student work. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 32

5. Educational technologies. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33

6. Evaluation tools for monitoring progress, intermediate certification based on the results of mastering the discipline and educational and methodological support

independent work of students. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 35 7. Educational and methodological support. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 38 8. Material and technical support of the academic discipline. ... ... 44

1. Objectives of mastering the academic discipline

The objectives of mastering the discipline "Family Law" are: the study of the main provisions of the science of family law, developed and tested by many years of practice of legal institutions and concepts, combined with a scientific analysis of family law and the practice of its application; the acquisition of skills in the interpretation of family law and their application to specific practical situations. Achievement of these goals will allow the student to continue their professional education in the magistracy and / or to successfully start their professional activities.

Within the framework of the discipline "Family Law", students are prepared for the following types of professional activities and the implementation of the following professional tasks:

– rule-making activity... The bachelor can participate in the preparation of regulations governing relations that are the subject of family law;

– law enforcement... In the process of its implementation, the bachelor must be able to correctly apply the norms of family law, legally competently draw up legal documents;

– law enforcement activities.With its implementation, the bachelor is ready to ensure the rule of law and law and order; protection of the rights and legitimate interests, first of all, of disabled and minor subjects of family legal relations;

– expert consulting activity ... Bachelor of

conducts legal examination of documents, as well as consulting on family law issues;

– pedagogical activity. The bachelor is ready to teach the discipline "Family Law" (except for higher educational institutions), as well as the implementation of legal education of students.

Mastering the discipline "Family Law" will allow the bachelor to master general cultural and professional competencies.

General cultural competences:

– Ability to conscientiously perform professional duties, to comply with the ethics of a lawyer.

– Ability to generalize, analyze information, set goals

and the choice of ways to achieve it.

– Ability to logically correctly, reasonably and clearly build oral and written speech.

– Ability to work in a group.

– The ability to educate yourself.

– Ability to use the main provisions and methods of social, humanitarian and economic sciences in solving family law problems.

– Ability to work with information in global computer networks.

Professional competencies:

– Ability to analyze and skillfully apply normative legal acts regulating personal non-property and property relations, which are the subject of family law.

– The ability to identify possible conflicts between family law, as well as competently interpret family law.

– Ability to generalize materials of judicial practice.

– Ability to provide qualified legal opinions

and consultations in the field of family legal relations.

– Mastering the skills of preparing legal documents, in particular, the development of an agreement to determine the place of residence of a child with the separation of parents, a marriage contract, an agreement on the payment of alimony and other agreements in family law.

– Ability to independently work with theoretical sources on family law issues.

2. Place of academic discipline

in the structure of OOP

The academic discipline "Family Law" is included in the professional cycle (basic (compulsory) part) of PLO and is in a logical and substantive-methodological connection with other disciplines.

Clarification of the course material is based on the provisions and conclusions studied by students of OOP disciplines included in the humanitarian, social and economic cycle, as well as the information and legal cycle: Philosophy, Economics, Professional Ethics, etc. An important role in mastering the course material is also played by the disciplines included in the professional cycle, the study of which precedes the study of the discipline "Family Law" according to the curriculum: "Theory of State and Law", "History of the Domestic State and Law", "History of State and Law of Foreign Countries", "Constitutional Law", "Administrative Law" , "Civil Law", etc. The discipline "Foreign Language" is of great importance in studying the course "Family Law", which helps to use foreign experience of legal regulation of family relations in the study of the discipline.

The study of the discipline "Family Law" is based on the knowledge acquired as a result of studying the previous disciplines:

– content and professional ethics in legal activities

– search, processing and systematization of legal information;

– patterns of the emergence of state and law, the system of law, the mechanism of legal regulation;

– the subject and method of civil law, its differences from other branches of law, individual institutions of civil law.

The student should be able to:

– use the main categories of state theory correctly

and law, constitutional law, civil law; analyze legal norms and legal relations;

– draw up various civil contracts;

– select and analyze judicial practice on specific issues;

– use modern information technologies to search and process legal information.

Studying the discipline "Family law" makes it possible to understand the essence and content of the basic principles of family law, as well as the institutions of family law, the legal status of the subjects of family legal relations, especially minors; acquire the skills of analyzing family law and law enforcement practice, resolving legal problems and conflicts, which is necessary for students to master the following disciplines: "Civil Procedure", "Private International Law", "Social Security Law", etc.

3. The structure and content of the discipline.

The total labor intensity of the discipline "Family Law" is 72 hours, for full-time education there are 2 credit units.

Thematic plan for full-time students

		Types of educational activities
		sti and labor intensity
	Academic discipline section
			Practical
	General Provisions
	The rights and obligations of the spouses
	parents' cookies
		Types of educational activities
		sti and labor intensity
	Academic discipline section
			Practical
	General Provisions
	Conclusion and termination of marriage
	The rights and obligations of the spouses
	Rights and obligations of parents and children
	Forms of upbringing of children left without assistance
	parents' cookies

Thematic plan for part-time students

(shortened program)

		Types of educational activities
		sti and labor intensity
	Academic discipline section
			Practical
	General Provisions
	Conclusion and termination of marriage
	The rights and obligations of the spouses
	Rights and obligations of parents and children
	Alimony obligations of family members
	Forms of upbringing of children left without assistance
	parents' cookies
Thematic plan for part-time students
	(shortened program)
		Types of educational activities
		sti and labor intensity
	Academic discipline section
			Practical
	General Provisions
	Conclusion and termination of marriage
	The rights and obligations of the spouses
	Rights and obligations of parents and children
	Alimony obligations of family members

		Types of educational activities
		sti and labor intensity
	Academic discipline section
			Practical
	General Provisions
	Conclusion and termination of marriage
	The rights and obligations of the spouses
	Rights and obligations of parents and children
	Alimony obligations of family members
	Forms of upbringing of children left without assistance
	parents' cookies

FAMILY LAW

0201 (030503) Jurisprudence

(basic level of secondary vocational education)

EXPLANATORY NOTE

The approximate program of the discipline "Family Law" is designed to implement state requirements for the minimum content and level of training of graduates in the specialty 0201 "Jurisprudence", designed for 36 hours, of which 4 are practical classes, and is the same for all forms of education.

The educational discipline "Family Law" is a special one in the structure of the main professional program.

The program consists of an introduction and 4 sections:

1 - General provisions of family law;

3 - Family;

4 - Acts of civil status.

As a result of studying the discipline, students should

have an idea:

• 
  
• 
  about the problems of family law in our country and abroad;

know:

• 
  the content of family law and Russian legislation on marriage and family;

be able to:

• 
  analyze and solve legal problems in the field of family relations;

Thematic plan of the discipline

“Family law"

№	Names of sections and topics	Maximum study load	Number of classroom hours			Independent work
			Total	including
				lectures	practical lessons
	Introduction.		2	2	-
		8	4	4	-	1
			2		-	1
	Topic 1.2 Family relations. Legal facts in family law.				-
	Section 2. Marriage.	14	10	8	2	4
			4		-	2
						2
	Section 3. Family.	18	14	14	-	4
			4		-	1
			4		-	1
	Topic 3.3 Personal and property legal relations of other family members.		2		-	1
	Topic 3.4 Adoption (adoption).		2		-	1
	Topic 3.5 Other forms of upbringing of children left without parental care.		2		-
		8	6	4	2	3
	Total by discipline:	48	36	32	4	12

• 
  on the role and place of “Family Law” in the legal system of the Russian Federation;
• 
  on the importance of discipline knowledge for the training of a lawyer.

Goals and objectives of the discipline. Relationship with related disciplines. Family law in the system of Russian law.

Section 1. General provisions of family law.
Topic 1.1 Subject, method, sources of family law.
The learner must

have an idea:

• 
  about the history of the development of family law;

know:

• 
  legal relations included in the subject of legal regulation of family law;
• 
  features of the method of regulating family relations;
• 
  sources of family law and their types.

Concept, subject, method, system and sources of family law. Imperative and dispositive methods of family law. Family law tasks. Basic principles of family law. Family Code of the Russian Federation as the main source of family law. Law of the Russian Federation "On acts of civil status" as a source of family law. By-laws governing family relations.
Topic 1.2 Family relations. Legal facts in family law.
The learner must

have an idea:

• 
  on the relationship of family legal relationships with other legal relationships;

know:

• 
  the structure of family relations;
• 
  classification of legal facts in family law;
• 
  family personality.

Family relations: concept, structure, types. Subjects of family law. Legal facts in family law. Timing in family law. Statute of limitations in family law. Family legal capacity and legal capacity. Relationship and its types.

Section 2. Marriage.
Topic 2.1 Marriage on family law.
The learner must

have an idea:

• 
  about the origin of the institution of marriage and its historical development;

know:

• 
  conditions and procedure for legal registration of marriage relations and its consequences;
• 
  the procedure for the termination of marriage and the recognition of marriage as invalid.

Marriage concept. Conditions for marriage. Grounds and procedure for declaring a marriage invalid. Consequences of the invalidity of a marriage Procedure for registering a marriage. Grounds for the emergence and termination of the marriage relationship, the procedure for the conclusion of marriage, the marriage contract. Legal consequences of the termination of a marriage.
Topic 2.2 Personal and property legal relations of spouses.
The learner must

have an idea:

• 
  on the history of the development of legal regulation of personal and property rights of spouses;

know:

• 
  personal legal relationship between spouses;
• 
  features and types of property legal relations;

be able to:

• 
  to distinguish personal non-property rights and obligations of spouses from property rights.

Personal and property relations between spouses. Types of their personal moral rights. Property rights of spouses. Personal and common property of spouses. Contractual and legal regimes of the spouses' common property. Division of the spouses' common property. Alimony obligations between spouses and ex-spouses. Responsibility of spouses for obligations.

Practical lesson number 1
Section 3. Family.
Topic 3.1 Personal rights and obligations of parents and children.
The learner must

have an idea:

• 
  on the role of family law in the formation of a family;

know:

• 
  the grounds for the emergence of parental rights and obligations;
• 
  personal non-property legal relationship between parents and children;
• 
  sanctions imposed on parents for improper parenting.

Establishment of motherhood. Voluntary acknowledgment of paternity. Establishing paternity in court. Establishment of paternity and maternity using artificial methods of human reproduction. The rights of minor children. Personal and property legal relationship between parents and children. Deprivation of parental rights. Removal of children without deprivation of parental rights.
Topic 3.2 Property rights and obligations of parents and children.
The learner must

have an idea:

• 
  on the formation and development of the institution of alimony obligations for parents and children;

know:

• 
  legal relationship between parents and children regarding property;
• 
  alimony obligations of parents and children.

Separation of property of parents and children. The right of minor children to receive alimony from their parents. The right of disabled adult children to receive alimony from their parents. The procedure for the payment and collection of alimony. Exemption from payment of alimony, grounds for reducing their amount. The right of parents to receive child support.
Topic 3.3 Personal property legal relations of other family members.
The learner must

have an idea:

• 
  about the place of this institution among other institutions of alimony obligations;

know:

General characteristics of property and personal non-property rights and obligations between other family members.

Personal rights and property relations between other family members. Alimony obligations for grandchildren, grandparents, brothers and sisters, stepson and stepdaughter, stepmother and stepfather, actual educators and their pupils. Determination of the amount of alimony, agreement on their payment.
Topic 3.4 Adoption (adoption)
The learner must

have an idea:

• 
  on the role and significance of adoption as a form of raising children left without parental care;

know:

• 
  conditions and procedure for establishing adoption (adoption) and its cancellation.

The concept of adoption. Conditions and procedure for adoption. Legal consequences of adoption. Grounds for cancellation of adoption. Recognition of adoption (adoption) invalid.

Topic 3.5. Other forms of upbringing of children left without parental care.
The learner must

have an idea:

• 
  about the history of the development of this institution;

know:

• 
  forms of upbringing of children left without parental care in the absence of adoption.

The procedure for identifying and registering children without parental care. Foster family, guardianship and guardianship. Child custody and guardianship concept. Conditions and procedure for appointing guardians and custodians of children. Termination of custody and guardianship of children. The concept of a foster family, its education.

Section 4. Acts of civil status.
The learner must

have an idea:

• 
  on the role of civil registration in family legal relations;

know:

• 
  the procedure for registering acts of civil status;

be able to:

• 
  to draw up separate acts of civil status.

The concept of acts of civil status, their types. The procedure for registration of birth, conclusion and dissolution of marriage, establishment of paternity, adoption (adoption).

Practical lesson number 2

LIST OF PRACTICAL EXERCISES:

AUDIO-VISUAL LEARNING TOOLS

Normative material:

1. 
   Constitution of the Russian Federation of December 12, 1993 No.
2. 
   historyget -> Abstract in the work considered the problem of forming a production and educational environment in specialized classes of secondary educational schools (sos). Described by the so-called. "School types"
   historyget -> Approximate curriculum of the academic discipline "Ethics and Psychology" in the specialty 0201 "Jurisprudence"
   historyget -> Abstract List of executors professional self-determination of the student
   historyget -> Work program of the discipline "Fundamentals of Philosophy"
   historyget -> Abstract in the work identified the problem of monitoring in the educational process. The main trends and criteria for monitoring students at school are proposed.
   historyget -> Scientific, educational and scientific information materials that provide an opportunity to improve the qualifications of scientific and pedagogical workers and university specialists in the field of entrepreneurial activity
   historyget -> Abstract List of performers
   historyget -> Activity 5-75. 1 "Conducting a complex of educational services on the basis of information technologies for the city population on the basis of the Moscow State Technical University"

The work program was developed on the basis of the Federal State Standard of Secondary Vocational Education in the specialty 030912 "Law and Organization of Social Security", approved by order of the Ministry of Education and Science of the Russian Federation of July 13, 2010 No. 770.

The work program was developed in accordance with the explanations for the formation of model programs of educational disciplines for primary vocational and secondary vocational education on the basis of the Federal state educational standards for primary vocational and secondary vocational education, approved by I.M. Remorenko, Director of the Department of State Policy and Legal Regulation in the Sphere of Education of the Ministry of Education and Science of the Russian Federation dated August 27, 2009.

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STATE BUDGET EDUCATIONAL INSTITUTION

REPUBLIC OF KHAKASIA

SECONDARY PROFESSIONAL EDUCATION

"KHAKASSKY POLYTECHNICAL COLLEGE"

WORKING PROGRAM OF THE TRAINING DISCIPLINE

CODE OP.07. FAMILY LAW

PROFESSIONAL CYCLE

main professional educational program

in the specialty 030912 "Law and organization of social security"

II course

5. THEMATIC (LESSON) PLAN 1

5. Thematic (lesson plan) of the discipline Family law

APPENDIX 2 TECHNOLOGIES OF FORMATION OK

Name OK	Formation technologies OK (in class)
OK 2. Organize your own activities, choose standard methods and ways of performing professional tasks, evaluate their effectiveness and quality.	Goal setting technology;
OK 4. Search and use the information necessary for the effective performance of professional tasks, professional and personal development.	educational technologies; monitoring of intellectual development.
OK 5. Use information and communication technologies in professional activities.	information and communication technologies; monitoring of intellectual development.
OK 7. Take responsibility for the work of team members (subordinates), the result of assignments.	information and communication technologies; student-centered learning technologies.
OK 8. To independently determine the tasks of professional and personal development, engage in self-education, consciously plan professional development	Goal setting technology; information and analytical methodology for managing the quality of education; monitoring of intellectual development.
OK 9. To navigate in conditions of constant changes in the legal framework.	subject-oriented learning technologies; teaching technology as educational research; didactic technologies.
OK 12. Observe business etiquette, culture and psychological foundations of communication, norms and rules of behavior.	student-centered learning technologies; educational technologies.
GC 13. Show zero tolerance for corrupt behavior.	problem learning technology; educational technologies.

SHEET OF CHANGES AND ADDITIONS MADE TO THE WORK PROGRAM
Change number, date of the change; No. of the page with the change;
IT WAS	Has become
Base: Signature of the person who made the change

NOVOSIBIRSK STATE TECHNICAL UNIVERSITY

FACULTY OF LAW

Department of Civil Law and Procedure

"_______" _______________ 2010

WORKING PROGRAMM

BY FAMILY LAW

For students studying in the specialty 030501 Jurisprudence (graduate), correspondence course.

Faculty legal

Well 3 , semester 5 , 6

Lectures 8

Practical lessons 4

Independent work 122

Exam 6

Total 13 0

Developer Senior Lecturer

Novosibirsk

The working program was drawn up on the basis of_GOS_No. 000gum / SP dated March 27, 2000

___________________________________________________________________

The work program was discussed at a meeting of the Department of Civil Law Disciplines

Minutes No. _____ dated _________________________.

The program was compiled by P,

Art. teacher

Head of the Department

Responsible for the main

Educational program

Expert NMC

External requirements.

Watch

OPD. Form 21.

Family law in the system of law of the Russian Federation; family-legal method of regulation of social relations; the concept of family legal relationship; subjects of family law; legal facts; protection of family rights; the grounds for the emergence and termination of the marriage relationship; personal and property legal relations between spouses and children; personal and property legal relationships between other family members; forms of adoption of children for upbringing in a family environment.

Section 2. Features (principles) of building the discipline.

The family law curriculum is intended for students of the law faculty of NSTU studying law.

It is assumed that before studying family law, students have already studied such academic disciplines as the theory of state and law, civil law, civil procedural law, labor law, and criminal law. Students are guided in the system of legislation, know how to use regulatory legal acts and analyze them, know legal terminology.

Teaching the discipline "Family Law" aims to familiarize students with the basic concepts of family law, the foundations and features of the regulation of family legal relations, the system of legislation governing family legal relations. In practical classes, students are tested the degree of assimilation of the theory of family law on relevant issues, the norms of family law, practical skills are developed in solving specific life situations, taken from the materials of judicial practice. The assimilation of the course also presupposes the systematic independent work of the trainees. The system for monitoring the assimilation of educational material by students includes interviews of trainees in practical classes.

To achieve this goal, students get acquainted with educational and scientific literature, with civil legislation, family and civil procedure legislation, and judicial practice. Teaching this discipline involves conducting practical classes, where students, in addition to discussions on theoretical issues, are offered solving problems (incidents), drafting legal documents.

Section 3. Objectives of the discipline.

After studying the discipline, the student will:

- have an idea:

- know:

- be able to:

- have experience:

Section 4. Content and structure of the discipline.

Semester number 6.
Module 1: The concept of the subject and method of family law. Family relationship. Family law as a branch of law. Relationships governed by family law. Family law principles. The structure and sources of family law. Family law. The grounds and conditions for the application of family law and civil law by analogy. Subjects and objects of family relations. Legal capacity and legal capacity in family law. Grounds for the emergence of a family relationship. Types of legal facts in family law. Relationship and property (their legal meaning). Exercise and protection of family rights. Family responsibilities. Protective measures and responsibilities in family law. Timing in family law.
Module 2. Personal and property relations between spouses. Topic 1. Conclusion and termination of marriage. Nullity of marriage. Definition of marriage. Signs of marriage. Actual marriage relationship. Conditions and procedure for marriage. Grounds and procedure for declaring a marriage invalid. Circumstances eliminating the invalidity of the marriage. Legal consequences of invalidating a marriage. Protection of the rights of a bona fide spouse. The concept and grounds for termination of marriage. Divorce procedure. Dissolution of marriage in the civil registry offices and consideration of disputes arising between spouses during the divorce in the civil registry offices. Divorce in court. Issues resolved by the court when deciding on divorce- Legal consequences of the termination of marriage. Restoration of marriage in the event of the appearance of a spouse declared dead or recognized as missing. Topic 2. The content of the marriage relationship. Personal non-property legal relationship between spouses: concept and meaning. Types of personal non-property rights and obligations of spouses. Property legal relationship between spouses. The legal regime of the spouses' property. Joint property of spouses: concept, objects, order of possession, use and disposal of common property. The legal regime of individual property of spouses. Division of the spouses' common property. The contractual regime of the spouses' property. The marriage contract is a subject, content, form. Conclusion, modification and termination of a marriage contract. Recognition of the marriage contract invalid. Responsibility of spouses for obligations.
Module No. 3. Personal and property relations between parents and children. The concept and grounds for the emergence of a parental relationship. Establishing the origin of children. Contesting paternity (motherhood). General characteristics of parental rights and responsibilities. Content of parental rights. Exercise of parental rights. Personal moral rights of children - implementation and protection. Property rights of the child. Grounds, procedure, legal consequences of deprivation of parental rights. Restoration of parental rights: grounds and order. Grounds and procedure for restricting parental rights. Cancellation of restriction of parental rights. Removal of the child by the guardianship and guardianship authority from the parents in the event of an immediate threat to the child's life or health.
Module number 4. Alimony obligations. The concept, the grounds for the emergence of the alimony obligation. Types of alimony obligations. Alimony agreement. Alimony obligations of parents and children . Alimony obligations of spouses and former spouses. Alimony obligations of other family members. The procedure for the payment and collection of alimony. Recovery of alimony by court decision and by agreement of the parties. Deadlines for applying for alimony. Recovery of alimony for the past period. Recovery of alimony before the dispute is resolved by the court: grounds, procedure, amount of alimony to be recovered. The procedure for determining the alimony arrears, exemption from the payment of arrears. Recovery of alimony for the past period. Responsibility for late payment of alimony .. Termination of payment of alimony collected in court
Semester number 7.
Module 5. Personal and property relations associated with the upbringing of children left without parental care. Identification and placement of children left without parental care . Forms of placement of children left without parental care: transfer to a family for upbringing (adoption (adoption), custody (guardianship) or foster family), to institutions for orphans or children left without parental care, of all types (educational institutions, including family-type children's homes, medical institutions, social welfare institutions and other similar institutions). Concept, conditions and procedure for adoption. Legal consequences of adoption. Cancellation of adoption. adoption. Concept, goals, procedure for establishing guardianship and custody of minor children. Rights and obligations of guardians and trustees. The rights of children under guardianship (guardianship). Termination of guardianship and custody of children. The concept and procedure for organizing a foster family. Agreement on the transfer of the child (children) for upbringing in a family: subjects, content, form.
TOTAL

Block, module, section, topic	Educational activities
Semester number 7
Lesson 1. The subject and method of family law, family law. The content of the marriage relationship. The content of the parental relationship. Alimony obligations. Personal and property relations associated with the upbringing of children left without parental care.	Solving practical problems, discussing theoretical issues. Students are invited to use educational, scientific literature and regulatory documents to offer and justify the solution of practical problems.		1,2,3,4,5,6,7,8,9,10,11
TOTAL

Section 5. Educational activities.