Reform of state regulation of educational activities
https://doi.org/10.20913/2618-7515-2022-1-11
Abstract
Introduction. An effective system of state regulation in the field of education makes it possible to eliminate excessive administrative restrictions or barriers for educational organizations. The existence of state regulation of educational activities is due to the public-legal principles of educational law and the need to ensure the rights of students.
Problem statement. The presence of legal uncertainties, corruption-causing factors in the mechanism of state regulation of educational activities leads to negative consequences for educational organizations, hinders the performance of state functions of a social orientation. Excessive legal regulation traditionally leads to the cancellation of the effect of state control. The process of changing the Federal State Educational Standard eases the burden of responsibilities of educational organizations, since the scope of the powers granted in the development of an educational program is expanding, however, an increase in the volume of dispositivity leads to problems of quality compliance checks, since it becomes difficult to argue the fact of violation.
Methodology of the study. Theoretical and empirical methods were used in the research process. Legal analogy, law comparison and legal abstraction were used.
The results. There is an obvious imbalance between the public and private interests of state in the field of education. A change in the usual and sufficiently effective system of state control leads to the substitution of some well-known and well-established legal categories by others. There is a lack of uniformity in law enforcement. The problems of the development of the Federal State Educational Standard by areas and types of professional activity are relevant. The modern system of state regulation is characterized by an increase in the volume of the regulatory framework, as well as the growth of local law-making, which leads to the impossibility of fulfilling all mandatory requirements. Due to the lack of unified requirements of the Federal State Educational Standard, it is advisable to consider the introduction of the institute of self-regulating organizations in the field of education.
Conclusions. The ongoing rapid restructuring of the system of state regulation of educational activities leads to an increase in conflicts in educational legislation, including among the fundamental normative legal acts. The current policy of increasing the academic freedom of educational organizations, their capabilities in the development of educational programs leads to problems of state control over the quality of educational activities. Further development of the system of state regulation should take place in the direction of improving the Federal State Educational Standard and reducing the administrative burden on educational organizations.
About the Authors
I. Yu. GoltyapinaRussian Federation
Irina Yu. Goltyapina – Candidate of Legal Sciences, Head of the Department «Customs and Law»
35, Karl Marx Ave., Omsk,644046, Russian Federation
V. M. Philippov
Russian Federation
Victor M. Philippov – Candidate of Technical Sciences, Associate Professor of the department «Railway power supply»
35, Karl Marx Ave., Omsk, 644046, Russian Federation
N. Ya. Garafutdinova
Russian Federation
Natalia Ya. Garafutdinova – Candidate of Economic Sciences, Associate Professor of the Department «Customs and Law»
35, Karl Marx Ave., Omsk, 644046, Russian Federation
References
1. Methodology to implement the action plan («Roadmap») for realizing the mechanism of the «regulatory guillotine»: approved by the Government of the Russian Federation on May 29, 2019. Electronic fund of legal and regulatory documents. URL: https://rulaws.ru/acts/Metodika-ispolneniya-plana-meropriyatiy-(Dorozhnoy-karty)-porealizatsii-mehanizma (accessed 10.8.2021). (In Russ.).
2. On anti-corruption expertise of regulatory legal acts and draft regulatory legal acts: Federal Law of 17.07.2009 No. 172-FZ. Collection of legislation of the Russian Federation, 2009, no. 29, art. 3609. (In Russ.).
3. Official website of the Federal service for supervision of education and science. Federal Service for Supervision of Education and Science: official site. URL: http://obrnadzor.gov.ru/news/obshhestvennyj-sovet-pri-rosobrnadzore-obsudilpokazateli-dlya-provedeniya-akkreditaczii-obrazovatelnoj-deyatelnosti (accessed 10.08.2021). (In Russ.).
4. Tsirin M. N., Spektr E. I. (eds.) Corruption in legislation: causes, factors, overcoming. Moscow, 2013, 304 p. (In Russ.).
5. Tsirin A. M. Anti-corruption expertise in Russia and foreign countries: a comparative legal study. Journal of Foreign Law and Comparative Law, 2018, no. 4, pp. 138–145. (In Russ.).
6. Troshkina T. N., Kozyrin A. N. State control of the quality of education. Russian laws: experience, analysis, practice, 2017, no. 6, pp. 22–29. (In Russ.).
7. On education in the Russian Federation: Federal Law of 29.12.2012 no. 273-FZ. Collection of legislation of the Russian Federation, 2012, no. 53, pt. 1, art. 7598. (In Russ.).
8. Putilo N. V., Volkova N. S. (eds.) Educational legislation of Russia. A new milestone in development. Moscow, 2015, 480 p. (In Russ.).
9. Monitoring the education system: Resolution of the Government of the Russian Federation of 05.08.2013 no. 662. Collection of legislation of the Russian Federation, 2013, no. 33, art. 4378. (In Russ.).
10. Kulikova T. B., Demashova Yu. A. Legal framework for monitoring the effectiveness of educational institutions of higher education. Administrative law and process, 2018, no. 2, pp. 66–70. (In Russ.).
11. On amendments to the Federal Law "On Education in the Russian Federation": Federal Law of 26.05.2021 no. 144-FZ. Official Internet portal of legal information. URL: http://publication.pravo.gov.ru/Document/View/0001202105260041 (accessed 05.26.2021). (In Russ.).
12. On amendments to certain legislative acts of the Russian Federation related to adoption of the Federal Law "On State Control (Supervision) and Municipal Control in the Russian Federation": Federal Law of 11.07.2021 no. 170-FZ. Official Internet portal of legal information. URL: http://publication.pravo.gov.ru/Document/View/0001202106110081?rangeSize=%D0%92%D1%81%D0%B5 (accessed 06.11.2021). (In Russ.).
13. Since March 1, 2022, state accreditation of universities will become indefinite. Russian newspaper. URL: https://rg.ru/2021/06/02/s-1-marta-2022-goda-gosakkreditaciia-vuzov-stanet-bessrochnoj.html (accessed 10.08.2021). (In Russ.).
14. Official website of the information agency Bashinform. rf. URL: https://www.bashinform.ru/news/1594243-bgpuim-m-akmully-posetil-glava-rosobrnadzora-anzor-muzaev (accessed 10.08.2021). (In Russ.).
15. On approval of the Regulation on federal state control (supervision) in the field of education: Resolution of the Government of the Russian Federation of 25.06.2021 no. 997. Garant.ru: information and legal portal. URL: https://www.garant.ru/products/ipo/prime/doc/401305336/ (accessed 29.06.2021). (In Russ.).
16. On licensing educational activities: resolution of the Government of the Russian Federation of 18.09.2020 no. 1490. Garant.ru: information and legal portal. URL: https://www.garant.ru/products/ipo/prime/doc/74580208/ (accessed 29.06.2021). (In Russ.).
17. On licensing certain types of activities: Federal Law of 04.05.2011 no. 99-FZ. Collection of legislation of the Russian Federation, 2011, no. 19, art. 2716. (In Russ.).
18. On the approval of the regulations on higher educational institutions of the USSR: Resolution of the Council of Ministers of the USSR of 22.01.1969 no. 64. Library of regulatory legal acts of the USSR. URL: http://www.libussr.ru/doc_ussr/usr_6994.htm (accessed 10.08.2021). (In Russ.).
19. On education: RF law of 10.07.1992 no. 3266-1. ConsultantPlus. URL: http://www.consultant.ru/document/cons_doc_LAW_1888 (accessed 10.08.2021). (In Russ.).
20. On approval of the Regulations on the State Committee of the Russian Federation for Higher Education: Resolution of the Council of Ministers - government of the Russian Federation of 23.10.1993 no. 1083. URL: http://pravo.gov.ru/proxy/ips/?docbody=&prevDoc=102093168&backlink=1&&nd=102026845 (accessed 10.08.2021). (In Russ.).
Supplementary files
For citation: Goltyapina I.Y., Philippov V.M., Garafutdinova N.Y. Reform of state regulation of educational activities. Professional education in the modern world. 2022;12(1):88-96. https://doi.org/10.20913/2618-7515-2022-1-11
Refbacks
- There are currently no refbacks.