System analysis of higher education as a legal category
Journal Title: Прикарпатський юридичний вісник - Year 2017, Vol 2, Issue
Abstract
In the article the author proves the expediency of the system analysis of higher education as a legal category, attention is paid to the novelty of such an approach and to the absence of specialized works directly devoted to this issue. Paying attention to the analysis of the positions of the theory of system analysis, the author singles out the specifics of their manifestation in relation to higher education. The analysis of the available doctrinal and normative sources made it possible to single out the system-forming elements of the corresponding system, which found their normative fixing in the Law of Ukraine «On Higher Education», among them: higher educational institutions and other subjects of rendering educational services in the relevant field; participants in the educational process; management bodies; levels, standards, degrees of education, branches of knowledge and specializations, educational and scientific programs. Analyzing the role, significance and resource of each of these elements, the paper formulates a conclusion about their subsystem character, which, in turn, makes it possible to identify in the higher education as a system the corresponding authorial subsystems that unite the subjects of rendering educational services (basic institutions), participants in the educational process , content and results of higher education management of it. Complementing each other, they and importance of each of the subsystems is very important, denying the possibility of their ranking. The paper substantiates the importance of isolating and analyzing the relationships of the mutually invasive interacting nature between the elements, the subsystems, the classification division of the links into internal (within the system) and external (which allows to view higher education as an element of education, which is also regarded as a system). Analyzing available sources, the author identifies a list of features of the system inherent in higher education, examines the resource and specificity of each of them with an emphasis on the peculiarities of modern reform processes in the sphere of national higher education, updating legislation on higher education, Ukraine's entry into the European higher education space, legal studies focused on the justification for the allocation of educational law (the right of higher education) as a sub-category If the system of law of Ukraine. Proposals are formulated on the studyof the system-forming elements of higher education, themutually encouraging and mutually reinforcing links betweenthem at the present stage of the development of the domestic administrative and legal science, defining them as priority modern directions of doctrinal legal sectoral studies, and also proving the expediency of using their results as a basis for the current standard-setting Process, focused on the search for the optimal legal model -regulation of relations in the sphere of higher education. The author formulates his own definition of higher education as a system legal category.
Authors and Affiliations
С. М. Кушнір
Keywords
Related Articles
- EP ID EP455165
- DOI -
- Views 59
- Downloads 0
Communicative theories of law in explaining the relationship between power and law
In this article was reviewed discuss features of modern legal awareness that is orientation to integral approaches. Integral concepts of legal awareness offers a new approaches to comprehension of the connection of la...
Problems of state control over observance of legislation on departmental transport.
The article generalizes and analyzes theoretical and legal approaches to understanding the essence of departmental transport and its legal regulation. The current state of state control over compliance with the legislati...
Medical law in legal education
The article substantiates the urgency of studying of medical law disciplines by lawyers in the conditions of reforming of the healthcare system and higher education in Ukraine, highlightes the major factors that cause th...
Revival of national educational and educational activity in the end of XIX - beginning of XX centuries. – Article.
The article is devoted to the research of issues related to the definition of nature, essence and regularities of the genesis of the process of forming a sense of self-esteem and respect for the national values of Ukrain...
The legal custom is like the source of modern law in Ukraine.
There is the analysis of the concept of legal custom in this article, also the specific character is clarified of the operation of customary law in Ukraine and on the basis of the study determined the place of the legal...