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
Theoretical and legal characteristic of the constitutional system of Ukraine and its role in the development of the state.
The article will consider the concept of the constitutional system, its content, principles and values for the state. The history of the formation of this legal institute is analyzed, as well as the analysis of the opini...
Human rights and religious freedom in the system of observance of international humanitarian standards.
The article attempts to establish a place that holds religious freedom in the system of international humanitarian standards and to clarify the legal mechanisms for compliance with these standards. To this end, the relev...
Peculiarities of concluding an agreement on the recognition of guilt in criminal proceedings.
The legal content of the agreement on admission of guilt in the criminal process of Ukraine was investigated, the research of scientific attitudes towards the goal, which pursue the parties to the agreement, was performe...
Death penalty as an exceptional measure of punishment
The scientific article is devoted to an institution penalty of death. This institute was set long ago, and today is quite controversial. The views of supporters and opponents of this type of punishment are absolutely di...
The principle of procedural economy in the proceedings
The article is devoted to implementing the principle of procedural economy in the judicial proceedings. Investigatedobjective and subjective causes of violations reasonable time, and shortcomings in the work of judges.