Reference:
Slanov O.T., Dzodzikov Z.U., Hugaeva R.G., Bekoeva T.A..
On some problems of the implementation of the constitutional right to higher education in Russia
// Administrative and municipal law.
2024. № 5.
P. 63-76.
DOI: 10.7256/2454-0595.2024.5.71910 EDN: ESPGAP URL: https://en.nbpublish.com/library_read_article.php?id=71910
Abstract:
The subject of this article is the nature, meaning and content of the constitutional right to higher education in the sense given by the Constitution of the Russian Federation, legislation and law enforcement practice. The study provides a meaningful analysis of part 3 of Article 43 of the Constitution of the Russian Federation, reveals the intentions of the developers of the constitutional text. The article analyzes the constitutional right to education in the context of the Bologna system, gives a nuanced characterization of this right primarily through the possibility of exercising this right free of charge. The social nature of the policy of the Russian state is shown, which is manifested in an increase in the share of foreign students in Russian universities; expansion of opportunities for obtaining a second higher education for citizens with disabilities; expansion of forms of free higher education. The main research methods are: – general research methods: comparison and description; – general scientific: dialectical and dialectological methods; – private scientific: sociological and axiological methods; - special research methods: comparative legal and formal legal. The authors analyze in detail the issue of the implementation of the constitutional right to higher education in the current legislation on education, and draw attention to a number of important changes in relevant normative legal acts. It is concluded that point-by-point amendments to the legislation on education significantly expand the possibilities of access to free forms of higher education. Within the framework of the legal experiment in the Russian Federation, the search for the most rational form of higher education organization continues. The article focuses on the problems of the Bologna education system and analyzes it. It is stated that the discussion on the internal organization of higher education has not yet been completed and the Russian state has yet to find legal forms for rationalizing the activities of higher education institutions. Using an empirical research method, the authors provide comments on current legislation and an analysis of judicial practice, which represent a certain scientific novelty and arouse interest in the systematic positions of the authors presented in the work in relation to the issue under study.
Keywords:
human rights, free education, constitutional law, right to education, Bologna system, master's, bachelor's, higher education, education system, jurisprudence
Reference:
Kotsyurko E.P..
Control (supervisory) activities in the field of higher education in the context of a risk-based approach: problems of law enforcement and prospects for development
// Administrative and municipal law.
2023. № 4.
P. 52-64.
DOI: 10.7256/2454-0595.2023.4.43882 EDN: WTTJFD URL: https://en.nbpublish.com/library_read_article.php?id=43882
Abstract:
The subject of the study was the peculiarities of the legal regulation of the implementation of control (supervisory) activities in the field of higher education, due to the introduction of a risk-based approach. Some problems of law enforcement are analyzed and proposals are formulated to improve the legal framework of the system for assessing and managing the risks of harm (damage) in the implementation of federal state control (supervision) in the field of higher education. Special attention is paid to resolving the issue of the prospects of embedding monitoring in the system of control (supervisory) activities in the context of a risk-based approach in the field of education. The work uses a set of methods and methods of cognition inherent in modern science, system analysis is used as a general scientific method, and special legal analysis is used as a private scientific method. As a result, the following conclusions are made: 1) the introduction of a risk-based approach has become the core of reforming the system of state control (supervision), including in the field of education; 2) there are problems of law enforcement of the established system of criteria for assigning objects of control (supervision) to risk categories and a list of risk indicators; 3) implementation of public and professional control tools in the higher education system in activities of control (supervisory) bodies; 4) there is a potential for the use of monitoring in control (supervisory) activities. As a result, there is a need to improve the system of criteria for assigning objects of federal state control (supervision) in the field of education to risk categories, within which it is important to take into account foreign and regional experience in applying a risk-based approach. A special contribution of the author to the research of the topic is the development of his own proposals to supplement the list of criteria and update the established risk indicators. The novelty of the research lies in substantiating the importance of resolving the issue of the limits and prospects of embedding monitoring, as well as the results of public and professional control, in the system of control (supervisory) activities in the field of higher education in a risk-based approach.
Keywords:
conscientiousness, risk categories, risk-oriented approach, higher education, object of control, control and supervision activities, control, risk indicators, education system monitoring, state-public model of control
Reference:
Damm I.A..
Anti-Corruption Education in Higher Educational Organizations: Basic Trends and Implementation Issues
// Administrative and municipal law.
2018. № 6.
P. 36-48.
DOI: 10.7256/2454-0595.2018.6.26763 URL: https://en.nbpublish.com/library_read_article.php?id=26763
Abstract:
The subject of the research is the statutory provisions of the Russian Federation legislation on corruption prevention, regulatory and departmental normative legal acts as well as local normative acts that focus on the contents and anti-corruption education procedure. In his research Damm focuses on legal and organising capacities of a higher educational organisation to implement anti-corruption education. The researcher pays special attention at describing successful practices of anti-corruption educational activities oriented at both educational organisation employees and students. In his research the author has used the dialectical research method as well as structured system analysis, formal logic method, and others. The research carried out has demonstrated that educational organisations face difficultis of methodological, legal and organisational nature when they implement anti-corruption education. In his research Damm describes the basic trends of the Siberian Federal University in anti-corruption education of employees and students, defines the key problems and offers his solutions thereto.
Keywords:
prohibitions, duties, students, workers, educational organizations, enlightenment, prevention, corruption, restrictions, anti-corruption standards of conduct
Reference:
Anokhin S.A..
Legal regulation of education and bridging training of minor workers
// Administrative and municipal law.
2016. № 7.
P. 593-596.
DOI: 10.7256/2454-0595.2016.7.67950 URL: https://en.nbpublish.com/library_read_article.php?id=67950
Abstract:
The research subject is the regulation of legal relationship in the field of education and bridging training of minor workers. The contemporary Russian legislation, regulating minor workers’ legal status, conforms to the generally accepted international legal regulations and allows ensuring the rights and freedoms guarantees of this category of citizens. The Labour Code of the Russian Federation has been the first in the history of labour legislation to include the chapter containing the general provisions regulating education and bridging training of minor workers, including apprenticeship agreement. General educational institutions graduates and other underage persons without a profession (speciality) acquire education or bridging training on a priority basis. The author analyzes the current legislation and develops the proposals about the improvement of legal regulation of labour of minors in the Russian Federation. The research methodology includes historical legal, analytical and comparative-legal methods. The scientific novelty of the study consists in the peculiarities of labour legislation application regarding underage persons. Minors enter legal relationship for the first time, without work experience, they need special health protection and work conditions. In the context of the factual increase of employment of minors, the problem of observance of their labour rights is especially urgent. The legal system contains significant drawbacks related to the protection of minors, including the insufficiency of the mechanisms of implementation of the adopted statutory instruments, the existence of a great number of complicated and contradictory departmental instructions, provisions and rules.
Keywords:
list of professions, state, educational organization, student, employee, employer, conditions of training, professional training, legal status, minor workers
Reference:
Trofimova G.A..
Training and certification of scientific and teaching personnel
// Administrative and municipal law.
2015. № 11.
P. 1178-1187.
DOI: 10.7256/2454-0595.2015.11.67092 URL: https://en.nbpublish.com/library_read_article.php?id=67092
Abstract:
The level of training of scientific and teaching personnel influences the quality of both educational system and scientific activity; therefore it is one of the most important aspects of development of a state. At the same time, the existing system has many drawbacks. It concerns, firstly, the estimation of the value of the scientific and teaching staff or the objectivity of requirements to particular positions and the defined conditions of selection; secondly, the recognition of dissertation papers as worth granting candidate’s or doctor’s degree in accordance with the criteria of quality, but not the “payment”; thirdly, the procedure of preparation of dissertation papers during the period of a postgraduate or a doctoral course and in case of a candidate course; fourthly, the responsibility of all participants of the process of presentation and recognition of dissertations. The author attempts to propose the most appropriate variant of the solution of these problems. The author works within the paradigm of dialectical materialism, applies the general scientific and special methods of cognition, particularly the logical, formal-legal and the systems methods. The paper can be used for the optimization of the existing legislation in the sphere of training and selection of scientific and research and scientific and teaching personnel, including the reduction of corruption in giving the diplomas of a candidate (doctor) of science, provision of an objective approach to the distribution of positions in institutes of higher education and research institutes, elimination of gaps between the organizations, responsible for scientific and research personnel training, and the organizations which provide expert assessment of dissertations.
Keywords:
fight against corruption, qualification requirements, thesis defence, training of scientific personnel, doctoral course, postgraduate course, competition of teachers, expert assessment of the thesis, quality of dissertations
Reference:
Shugrina, E.S..
Separation of objects of competence and competences of different levels of public authority
in the sphere of education
// Administrative and municipal law.
2013. № 10.
P. 998-1006.
DOI: 10.7256/2454-0595.2013.10.63354 URL: https://en.nbpublish.com/library_read_article.php?id=63354
Abstract:
The article concerns the fundamentals of distinction between the competences and objects of competences
of the federal government bodies, government bodies of the constituent subjects of the Russian Federation and the
municipal bodies in the sphere of education. The author provides consistent analysis of the implementation of constitutional
provisions under the Art. 71 and 72 of the Constitution of the Russian Federation in accordance to which
regulation and protection of the constitutional right to education is within the exclusive competence of the Russian
Federation, while the general education issues are within the joint competence of the Russian Federation and its
constituent subjects. The article provides general characteristics of competence of state government bodies and municipal
bodies within the system of guarantees of the right of citizens to have free of charge education, since the right
to education is merely declarative if no efficient system of its guarantees exists in Russia. Based upon the analysis, the
author establishes that additional guarantees of education (including free of charge education) are provided at the
levels of constituent subjects of the Russian Federation and the municipal bodies.
Keywords:
education, objects of competence, competence, local issues, joint competence, guarantees, constitutional law, education system, public authority, government bodies.
Reference:
Narutto, S.V..
Role of the practice
of the European Court of Human Rights
in unification of national legislation
on education
// Administrative and municipal law.
2013. № 8.
P. 833-842.
DOI: 10.7256/2454-0595.2013.8.63125 URL: https://en.nbpublish.com/library_read_article.php?id=63125
Abstract:
The author provides generalization and analysis of the decisions of the European Court of Human Rights on
protection of the right to education, as enshrined in Art. 2 of the 1 Protocol to the European Convention on Human
Rights. The author also studies the positions of the European Court of Human Rights on the rights and freedoms
which are closely related to education, such as freedom of thought, conscience and religion (Art. 9); freedom to
express opinions (Art. 10); freedom of association and gatherings (Art. 11); right to fair trial (Art. 6). Right to
education includes the right to receive educational services of any level, including pre-school, elementary school,
middle school and professional education of various levels, as well as the right to study in the native language. The
ambiguity of legislation on education provides the space for the discretion in legal practice, and it may result in
limitations on the right to education, which is not compatible with the principle of supremacy of law. The ECHR
allows for the limitations to the right of education only when limiting measures do not encroach upon the nature
of the right and do not contradict to other rights according to the Convention and its Protocols. One of the popular
categories of cases in the education sphere, is the category of cases regarding respect to philosophical ideas of
parents.
Keywords:
court, European, positions, education, freedom, religion, study, language, unification, legislation.
Reference:
Kananykina, E.S..
Education doctrines of Ggreat Britain in the 2nd half of XX century
// Administrative and municipal law.
2009. № 7.
DOI: 10.7256/2454-0595.2009.7.56738 URL: https://en.nbpublish.com/library_read_article.php?id=56738
Abstract:
Review: the article includes analysis of development of education doctrines, as well as formation of the system of education institutions of Great Britain, and based on that the author formulates offers for improvement of legal bases
of management of education process in our country.
Keywords:
education, teaching, school, education institution, studies, national study plan, education standard, higher education, accessibility of education.
Reference:
Kananykina, E.S..
Ssystems of education in Brazil, Nnicaragua, Paraguay: legislative acts
// Administrative and municipal law.
2009. № 6.
DOI: 10.7256/2454-0595.2009.6.56595 URL: https://en.nbpublish.com/library_read_article.php?id=56595
Abstract:
The article is devoted to the study of the education
system of a number of Latin American states, the author shows peculiarities of these systems, and makes offers for improvement of the education system in Russia.
Keywords:
Reform, education, management, America, exam, higher non-state education, school, faculty, higher education institution, model of education.