1. ПРАВОВЕ РЕГУЛЮВАННЯ ОСВІТИ В УКРАЇНІ. ЧАСТИНА 5: ЛІЦЕНЗОВАНИЙ ОБСЯГ І ЛІЦЕНЗУВАННЯ ЗАКЛАДІВ ОСВІТИ
- Author
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В. К., Марініч and С. М., Голуб
- Subjects
PRIVATE schools ,HIGHER education ,HIGHER education & state ,UNIVERSITIES & colleges ,CIVIL rights - Abstract
The purpose of this article is to highlight the results of the study of certain legal features of the regulation of educational activities in Ukraine, which arose as a result of the Ministry of Education and Science of Ukraine's application of the concept of "licensed amount" to regulate the maximum total number of applicants of free and fee basis higher education in state, communal and private educational institutions, including those students who can apply to a higher education institution within one calendar year or resume studies or transfer to it from other institution s. When conducting this study, the main conditions for licensing educational activities were analyzed, taking into account the need to observe the basic rights and freedoms of people, as well as considering the basic principles of licensing of economic activity established by the legislation of Ukraine and international acts that regulate or influence the process of regulating basic rights and freedoms in the field of education in Ukraine. At the same time, during the analysis of the conditions of licensing of educational activity, certain legal conflicts and features of unconstitutionality of some provisions of Ukrainian legislation on higher education were identified along with incorrect application of the licensing procedure and the term "licensed amount" in education al activity. According to the results of the study, the necessity of distinguishing between the processes of regulating educational activity (including the use of the licensing procedure) that can be applied to the control of the activities of state and communal institutions of higher education and those processes that can be applied to the activities of private institutions of higher education has been proven. Additionally, the necessity of distinguishing the conditions of regulation of educational activity that can be applied to providing free education and fee-based education in the form of an economic service has been proven. With this in mind, separate variants of the possible application of the term "licensed amount" were proposed, which can ensure the observance of constitutional rights and freedoms and the illegality of using this term in other cases. The article is the fifth article from the cycle of research and includes the results of a legal study of the process of education regulation in Ukraine, in particular, the principles, limits, and features of licensing of educational activities as well as the conditions of applicat ion of the term "licensed amount". [ABSTRACT FROM AUTHOR]
- Published
- 2024
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