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
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