Екатерина Чернявская
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Верховный Суд Российской Федерации обобщил практику нижестоящих судов об оспаривании решений государственных экзаменационных и конфликтных комиссий при проведении ЕГЭ в 2016 году (Обобщение судебной практики по административным делам об оспаривании решений государственных экзаменационных и конфликтных комиссий субъектов РФ при проведении в 2016 году ГИА по программам среднего общего образования в форме ЕГЭ. Cуд сообщил, что в прошлом году судами было рассмотрено 55 таких дел, большинство из которых было связано с оспариванием актов об удалении с экзамена и решений об аннулировании его результатов.
Какие ЕГЭ не проводятся на русском языке (кроме экзаменов по иностранному языку)? Узнайте из материала «Государственная итоговая аттестация (ГИА). Единые государственные экзамены (ЕГЭ)» в «Домашней правовой энциклопедии» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
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Так, ВС РФ привел позицию, согласно которой наличие постороннего предмета (например, листка бумаги) является нарушением, за которое выпускник может быть удален с экзамена, даже если он не пользовался этим предметом.
Отмечается, что черновики выдаются экзаменуемым на месте по мере необходимости и их нельзя принести с собой. И если выпускник взял с собой даже неработающий телефон, это также будет признаваться нарушением.
Кроме того, Суд обратил внимание, что акт об удалении с экзамена подписывается только присутствующими в пункте проведения экзаменов членами государственной экзаменационной комиссии региона, а не всем составом комиссии.
Напомним, что при проведении ЕГЭ экзаменуемым разрешено использование следующих предметов:
линейка при проведении экзамена по математике; линейка и непрограммируемый калькулятор при проведении экзамена по физике; непрограммируемый калькулятор при проведении экзамена по химии; линейка, транспортир, непрограммируемый калькулятор при проведении экзамена по географии (п. 2.4 Приказа Минобрнауки России от 9 января 2017 г. № 5).
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