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1
Simakova, N. "PROSPECTIVE DIRECTIONS OF LAW-MAKING FOR MODERNIZATION OF EDUCATIONAL AND SCIENTIFIC SYSTEMS OF HIGHER EDUCATION INSTITUTIONS." Innovative Solution in Modern Science 1, no. 45 (June 7, 2021): 216. http://dx.doi.org/10.26886/2414-634x.1(45)2021.15.
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The article reveals prospects for legislative implementation of educational and scientific systems of higher education institutions in the circumstances of European integration of educational space as envisaged by constitutional provisions of Ukrainian education. It highlights stages in evolution of ideological basis for development of the legislative process in the field of education. It has been found that the first stage established the ideology for development of a national education system; the second stage launched modernization of the national education in accordance with the European standards and principles; the third stage activated the potential for modernization of Ukrainian school on the basis of social equality and cohesion, economic development and competitiveness of Ukraine. The article exposes directions in development of legislation in the field of education which are determined by structural components. It has been established that development of each of the listed areas is covered in provisions of two framework laws on education, state programs and branch-specific laws that have been approved since Ukraine has proclaimed its independence. Analysis of the abovementioned sources facilitated exposure of certain advantages and contradictions, the consideration of which is an important precondition in forming a new regulatory environment for education. Key words: law of Ukraine, higher education, stages and prospects of law-making.
2
Hubanova, T. O. "INFORMAL EDUCATION AS A VARIETY OF EDUCATION UNDER THE LEGISLATION OF UKRAINE." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 56–59. http://dx.doi.org/10.15421/391957.
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The article analyzes the varieties of national education on the basis of the provisions of the legislation of Ukraine, taking into account the characteristics of the modern educational system of Ukraine. Attention is drawn to the fact that the establishment of the rule of law, implementation of international standards have led to the emergence of new educational institutions and innovativetrends in the education system, which requires appropriate theoretical substantiation and scientific research. The legislation of Ukraine establishes relatively new types of education that are subject to compulsory scientific characterization in order to understand their nature and content. It is noted that the legal and legal consolidation of three types of education at the legislative level: formal, nonformal, informal. The state recognizes these types of education, creates conditions for the development of educational entities that provide relevant educational services, and encourages the acquisition of education of all types. That is, it can be argued that the legislation establishes three independent, independent and distinctive types of education, which are equal but different in nature. It is proved that the isolation of these species, as well as their substantive content, is unconventional for the national legislation. Scientific positions concerning the concept, meaning, essence of information education are analyzed. It is noted that international and European regulations, as part of national legislation, have a significant influence on shaping the content of education in European countries. Within them, methodological guidelines for the formation of basic types of education are defined, the legal bases for providing such types of education are taken into account, taking into account socio-economic, political, technological changes for the spiritual and cultural development of society. The author’s definition of informal education is offered and a list of characteristic features is formulated.
3
Ilchenko, Оlena, and Alla Kobobel. "Educational and legal aspects of activities of out-of-school educational institutions." Scientific bulletin of South Ukrainian National Pedagogical University named after K. D. Ushynsky 2020, no. 2 (131) (June 25, 2020): 139–51. http://dx.doi.org/10.24195/2617-6688-2020-2-18.
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The article deals with the historical process of formation of educational and legal support for the activities of out-of-school educational institutions during the independence of Ukraine. Based on the formulated socio-cultural, cognitive, educational and legal criteria of the intensity of qualitative changes in the legislative and legal support of educational activities of out-of-school educational institutions, 3 main stages of this period were identified. The first stage (1991-1999) was characterised as a transition from the old Soviet to the new Ukrainian system of out-of-school educational institutions. It was noted that during this period, the foundations of the legislation were formed, the international experience of providing the development of extracurricular education was attracted, the results of foreign scholars’ scientific researches were processed, scientific researches were conducted by domestic scientists. Instead, the second stage (2000-2009) was marked by the active development of the regulatory and legal support of the out-of-school education system. It was emphasised that the adoption of the Law on Extracurricular Education, which regulates state policy in the field of extracurricular education, was of great importance. The dynamics of quantitative indicators and tendencies of development of out-of-school educational institutions, directions of Ukrainian scientists’ scientific researches on the problems related to out-of-school education are characterised. The beginning of the process of forming legislation on the issues regarding children with special needs is highlighted. It is emphasised that at the third stage (2010-2019), the principles of inclusive education were adopted, legal support was provided for the quality education of all children without exception. It is emphasised that for the period of 1991-2019, there was intensive development and modernisation of the legal support of the out-of-school education system, and the model of inclusive education of children with special educational needs in out-of-school educational institutions was involved.
4
Фёклин and Sergey Feklin. "Control and Supervision in Education: FAQ on Recent Update." Profession-Oriented School 3, no. 3 (June 17, 2015): 17–23. http://dx.doi.org/10.12737/11746.
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Federal law of 31.12.2014 № 500-FZ “On Amending Parts of Certain Legislative Acts of the Russian Federation» has significantly changed State regulation
of education in the frame of Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation”.
Federal law of 29.12.2012 № 273-FZ “On Education in the Russian Federation” has been amended to optimize the following procedures:
– State accreditation of educational activity;
– System of actions taken by education control and supervision organs towards educational institutions, bodies of state power of the subjects of the
Russian Federation conducting governmental management of education, bodies of local self-government conductingmanagement of educationbased
on the results of inspection of federal government oversight of education and federal government control of education quality;
– Distribution and control figures of admission for professions, programs, majors and (or) groups of professions, programs, majors.
The article explicitly generalizes, explains and comments on questions coming from the bodies of state power of the subjects of the Russian Federation
exercising the authority of state control (supervision) of education.
The author covers procedural issues of control and supervision as a matter of education legislation effective since 11.12.2015.
Article consists of detailed answers to questions.
5
Stromquist, Nelly P. "Education policies for gender equity: Probing into state responses." education policy analysis archives 21 (August 26, 2013): 65. http://dx.doi.org/10.14507/epaa.v21n65.2013.
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The implementation of non-discriminatory sex legislation provides theoretical and empirical grounds to examine responses by the state to gender equality. Tracing the trajectory of one such law in the U.S.—Title IX—over a period of 40 years, this study analyzes the extent to which the state: (1) acted as a unitary body, and (2) functioned to dismantle its own oppressive gender features. By examining the federal government’s three core branches (executive, legislative, and judicial), the study finds differential responses by branch, with the greatest variability expressed by the executive branch, revealing the state to be less than a coherent institution. The study also shows only modest efforts to enforce the law, raising doubts about the commitment of the state to transform the social relations of gender. The state’s framing of gender equality exclusively in terms of non-discriminatory practices falls short of fostering changes in gender mentalities and identities in U.S. educational institutions—an outcome reflected in the persistent gender clustering of fields of study at the university level.
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Pastushenko, Elena Nikolaevna, Natalia Vladimirovna Neverova, Elena Vladimirovna Kornukova, and Larisa Nikolaevna Zemtsova. "Banking law as the complex branch of legislation." SHS Web of Conferences 118 (2021): 04003. http://dx.doi.org/10.1051/shsconf/202111804003.
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The objective of the present research is the formation of the concept of teaching banking law as the interdisciplinary subject of the Master’s degree in Economics and Law in higher educational institutions. The work used the dialectic and technical methods that allowed showing the interrelation and mutual influence of the various aspects of the banking law as the interdisciplinary subject in the higher educational institutions. The comparative and legal method was used for revealing the stages of the legal regulation of the banking system of the Russian Federation and the formation of the banking law as the complex branch of legislation. The inductive method was applied when analyzing the Russian legislation with regard to the status of the Central Bank of the Russian Federation, lending institutions, bank operations and transactions and deals from the point of view of client-oriented approach and protection of consumers’ rights when obtaining financial services. The most important result of the present research is the grounding of advisability to teach the banking law in the higher educational institutions as the interdisciplinary subject of the Master’s degree in Economics and Law. This offer was introduced basing upon the position of the Theory of the state and law and the sectoral science of Financial Law to consider the banking law as the complex branch of legislation that allows characterizing the offer made as a result characterized by the scientific novelty having the scientific and theoretical significance for the further scientific discussions regarding the role of the complex educations in law, improvement of the law-making, law-enforcement and law-interpretive activity of the Central Bank of the Russian Federation and also the day-to-day update of the legislation due to the changing realias, performing works on education in the law and financial literacy, improvement of client-oriented approach when providing banking services and protection of rights and legal interests of the consumers of financial services.
7
Ладнушкина, N. Ladnushkina, Фёклин, and Sergey Feklin. "Risk-Oriented Approach to the Realization of Monitoring and Supervising Activity in the Educational Sector." Profession-Oriented School 4, no. 5 (October 17, 2016): 43–47. http://dx.doi.org/10.12737/22484.
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In accordance with the Federal Law of 13.07.2015 N 246-FZ “On Amendments to the Federal Law “On protection of rights of legal entities and individual
entrepreneurs in monitoring of state control (supervision) and municipal control “occurred amendments in the organization of checks, including
education.
Director of the school, who observes the legislation and (or) does not allow violations may learn that his institution is not included in the planned
inspection in the coming year and (or) subsequent years.
The article describes and comments the changes in the legislation concerning the most important aspects of the planned inspections of educational
institutions and organizations engaged in training.
The authors describe an approach to the implementation of control and supervisory activities in the fi eld of education in terms of the current legislation
and draft law on the control of the Russian Federation.
8
N.V., Nykonenko. "INFLUENCE OF US SPECIAL EDUCATION LEGISLATION IN 1975–1989 ON SPECIAL EDUCATION DEVELOPMENT." Collection of Research Papers Pedagogical sciences, no. 94 (May 6, 2021): 7–14. http://dx.doi.org/10.32999/ksu2413-1865/2021-94-1.
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The article deals with studying of social transformations in 1975-1989 and new democratic traditions caused with the US legislation on education of individuals with disabilities.The role of the period for the current special education system creation in the United States is highlighted. US federal legislation in 1975–1989 introduced the legal basis of the special education system, which finally determined the vector of its development and caused a revolution in the whole education system. Active civil movement for equal rights enabled the adoption of The Education for All Handicapped Children Act of 1975, known after the renewal as The Individuals with Disabilities Education Act of 1990. The main innovations of the adopted law in the field of US special education were ensuring free access to appropriate public education for American children with disabilities aged 3 to 21, a right to be served in the least restrictive environment, at public expense, and under public supervision; introduction of individualized educational programs, launching early intervention programs for children at risk, funding of additional educational services for students with special educational needs, etc. The law adoption guaranteed millions of students who were raised in residential institutions or did not receive appropriate educational services in regular schools a possibility to study for free in accordance with state standards with their peers.According to the amendments to this law in 1983 and 1986, the leading principle of special education has been the partnership of parents or caregivers and professionals. To intensify active parental interaction, the law provided their mandatory participation in each stage of individualized educational programs for their children, the opportunity to discuss the conditions of the child’s education and the right to sue the school in case of a controversial educational decision.Key words: history of US special education, legal regulation of US special education, periods of US special education legislation, special education in the USA, periods of special education legislation. Ухвалені Конгресом США у 1975–1989 рр. законодавчі акти запровадили правові основи системи спеціальної освіти, які остаточно визначили вектор її розвитку та спричинили революцію в системі освіти країни загалом. Зауважено роль активного руху за рівні права для всіх громадян країни в ухваленні Закону «Про освіту для всіх дітей з інвалідністю» після оновлення у 1990 р. відомого під назвою «Освіта осіб з особливими освітніми потребами». Досліджено, що головними нововведеннями галузі спеціальної освіти у США після ухвалення зазначеного закону стали забезпечення доступу американський дітей з обмеженнями життєдіяльності віком від 3 до 21 року до безкоштовної освіти належної якості у державних закладах освіти і під контролем громадськості, запровадження індивідуальних навчальних планів, програм раннього втручання для дітей групи ризику, фінансування додаткових освітніх послуг для учнів з особливими освітніми потребами тощо. Підкреслено, що після ухвалення зазначеного закону мільйони учнів, які раніше зростали в закритих спеціалізованих установах або не отримували належних освітніх послуг у загальних школах, отримали можливість безкоштовно навчатися відповідно державних стандартів разом зі своїми однолітками.Указано, що відповідно до поправок до вказаного закону 1983 та 1986 рр. провідним принципом спеціальної освіти стала партнерська взаємодія батьків або опікунів та фахівців. Наголошено, що для активізації цієї взаємодії законом передбачено обов’язкову участь членів сім’ї на кожному етапі укладання індивідуальних навчальних програм для своїх дітей, можливість обговорювати умови навчання дитини та право подавати позов на школу в разі ухвалення суперечливого рішення.Ключові слова: спеціальна освіта у США, правове врегулювання спеціальної освіти, періодизація розвитку правового забезпечення спеціальної освіти, періодизація становлення правового забезпечення спеціальної освіти США.
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Vok, Milena. "Foreign Practices of Licensing and Authorisation in the Field of Education." Science Governance and Scientometrics 15, no. 3 (September 1, 2020): 307–30. http://dx.doi.org/10.33873/2686-6706.2020.15-3.307-330.
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Introduction. This article examines the legislative provisions of several countries regulating the right of organisations to carry out educational activities. This study aims to examine the international practices of licensing and authorisation in the field of education. Methods. The research involved uses the formal law method, systemic structural method, comparative law method, sociological/specific sociological method, and the law interpretation method. Results and Discussion. The materials collected during the study offer insights into the models of educational management used worldwide at the stage of establishing educational institutions. Licencing mechanisms in the field of education can be centralised or decentralised and can vary across the levels of education. The requirements established in a number of countries have much in common and generally apply to the staff of the educational institution, the premises, curricula, equipment, and financing. Conclusion. The findings of this study can be used by lawyers and researchers in their respective professional and research activities in the area of legislation regulating the education system.
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Sacken, Donal M., and Marcello Medina. "Investigating the Context of State-Level Policy Formation: A Case Study of Arizona’s Bilingual Education Legislation." Educational Evaluation and Policy Analysis 12, no. 4 (December 1990): 389–402. http://dx.doi.org/10.3102/01623737012004389.
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This study presents the application of a set of concepts devised by Mitchell, Marshall, and Wirt (1985) for investigating the distinctive cultures of state educational policy-making. In this study, an interpretation of the events leading to the passage in 1984 of Arizona’s new bilingual education legislation is developed, primarily from interviews with key actors. The central question addressed is whether a more comprehensive or mandatory law could have been achieved in Arizona.
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Cron, Alan H. "From legislation to implementation." Journal of Educational Administration 54, no. 1 (February 1, 2016): 75–91. http://dx.doi.org/10.1108/jea-06-2014-0065.
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Purpose – The purpose of this paper is to examine the leadership practice of an 11-member district team of educators assembled to respond to one of the most comprehensive bullying laws in the nation – the Massachusetts Anti-Bullying Law of 2010. This three-year case study provides school leaders and legislators with an in-depth, fine-grained analysis of how leadership was practiced by a district team of de facto leaders charged with implementing mandatory legislative policy throughout a six-school, 5,000-student, K-12 public school district. Design/methodology/approach – This three-year case study employed an analytical, distributed leadership framework to identify, categorize, and analyze key artifacts used by a team to design and implement system-wide the comprehensive requirements of legislation. Using Weft qualitative data analysis software and the open, axial, and selective coding guidelines of Strauss and Corbin, data from semi-structured interviews and document analysis revealed a number of hidden structural considerations exerting significant influence on the leadership practice of the team. Findings – Findings from this study suggest that leadership is perhaps more fluid than previously theorized. Defining leadership as a force that moves between and among organizational stakeholders (as opposed to a person or position), this study identified a number of structural considerations exerting influence on the leadership practice of a team. Furthermore, this study suggests that foreknowledge of these structural considerations may help to foster organizational learning, to leverage preexisting social and intellectual capital, and to more successfully navigate the requirements of complex organizational change such as legislative mandates and standards-based reform. Research limitations/implications – Because of the chosen research approach, the research results may lack generalizability. Therefore, researchers are encouraged to replicate this study in other school districts or large organizations who are responding to state or federal legislation. Practical implications – The paper includes implications for state and local educational leaders as they struggle with the increased demands of standards-based educational reform. Social implications – This study has implications for those seeking to understand how legislation is received and assimilated by schools as well as those seeking a greater understanding of formal and informal leadership. Originality/value – This paper fulfills an identified need to study how leadership is practiced in response to standards-based state and federal legislation.
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Sitsinska, Maya, Anatoliy Sitsinskiy, Vladislav Nikolaiev, Svitlana Khadzhyradieva, and Igor Hasiuk. "Legal and socio-economic aspects of reforming Ukraine's higher education system." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 88–98. http://dx.doi.org/10.37635/jnalsu.28(1).2021.88-98.
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The aim of the article is to critically review the effectiveness of the processes of reforming Ukraine’s higher education system in the light of integration into the European educational space. Also, the goal is to define the boundaries of the legislative control of the education system at the state level. The defining theoretical concept for the development of higher education in Ukraine is its leading role in ensuring the sustainable socio-economic development of the country through the implementation and legal protection of the inalienable right of citizens to education, obtaining quality educational services, comprehensive intellectual and spiritual development. The main research methods are the frequency analysis method and the mathematical statistics methods, which were used to process the data of the questionnaire of public officials. It has been determined that in the conditions of socio-economic, socio-political, legislative, administrative and managerial crisis, increasing competitive requirements for the higher education system of Ukraine, the leading purpose of its modernisation is the formation of new content and quality standards of educational services, which will ensure the maximum integration of Ukraine in the world and European educational space. In the context of a sociological survey of civil servants, the circle of threats, the structure of their relationships and sources of origin are outlined, which are the first priorities of the state administration, aimed at ensuring the sustainable development of the higher education system of Ukraine. The novelty of the study is due to a sociological survey of public officials in order to determine the expert opinion on key issues. It is important to find out what legal responsibility people will bear for opposing the laws of Ukraine on education. The authors also collected an expert opinion on key issues that will improve Ukrainian legislation in the field of higher education. The practical importance is determined by the necessity to outline priority areas to counter the existing and more potentially dangerous threats to the sustainable development of higher education in Ukraine
13
Vladeva, Rositsa. "Expectations of the Educational Reform of High School Geography." Acta Scientifica Naturalis 4, no. 1 (March 1, 2017): 124–32. http://dx.doi.org/10.1515/asn-2017-0019.
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Abstract The study is an attempt to present the latest developments in legislation for implementation of the reform in geographic education in secondary school. Through conducted survey has been taken into account the views and expectations of teachers of Geography and Economics in terms of the new law, a framework curriculum, State educational standards and curricula. Expectations of educational reform are formulated as positive and negative sides. Referred to a recommendation for overcoming some of the problems were identified.
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Egalite, Anna J., Lance D. Fusarelli, and Bonnie C. Fusarelli. "Will Decentralization Affect Educational Inequity? The Every Student Succeeds Act." Educational Administration Quarterly 53, no. 5 (October 12, 2017): 757–81. http://dx.doi.org/10.1177/0013161x17735869.
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Purpose: In December 2015, President Obama signed the Every Student Succeeds Act, which was a long overdue reauthorization of the Elementary and Secondary Education Act. What is remarkable about this new federal legislation is that it explicitly reverses the decades-long federal effort to more tightly couple the U.S. educational system. While not removing testing requirements, the legislation dramatically reduces the federal role in shaping education policy, returning significant power to the states to design educational systems as they best see fit. The law places sharp limits on the use of federal executive power over education and has the potential to remove the federal government from oversight and accountability over schools, raising questions about the equity implications of this policy change. Research Method: Utilizing public documents, including legislation, speeches by federal officials, analyses by policy organizations, and news accounts, the authors trace the evolution of federal efforts from a more tightly coupled educational system to one with greater state and local flexibility in order to estimate the equity impact of efforts to decentralize governance. Findings: While certain provisions of the Every Student Succeeds Act may reduce inequity and improve educational outcomes for all students, rigorous enforcement of the law’s protections will be necessary in order to ensure existing inequities are not exacerbated.
15
Stoychyk, Tetyana. "STANDARDIZATION IN THE SYSTEM OF VOCATIONAL EDUCATION AND TRAINING." Visnyk Taras Shevchenko National University of Kyiv. Pedagogy, no. 1 (7) (2018): 66–69. http://dx.doi.org/10.17721/2415-3699.2018.7.18.
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The question of standardization of education as a component of determining the level of its quality is considered on the basis of regulation mechanisms and evaluative technologies – state attestation and accreditation of educational institutions. The attempt to streamline the conceptual apparatus of the current legislation in the field of vocational education in accordance to the requirements of modernity in particular includes the terms "standard", "state social standards", "standard of education", "state standard of vocational (vocational) education", "service of education" ; certain objects of standardization (the content of vocational education and its formation system); forms and periodicity of checking the level of knowledge, skills and professional qualifications of students, students of vocational education institutions; means of qualification certification of graduates; educational and planning documentation. It is emphasized the importance of introducing into the system of vocational education such concepts as "state standard" and "professional standard". The author's vision of improvement of the current legislation is proposed by specifying the tasks of professional education in the light of the draft Law of Ukraine "About vocational education"; directing efforts to systematically support the image of an educational institution, ensuring high results of doing, adherence to the requirements of the implementation of the state plan and the placement of graduates; development of the state standards of vocational education for each working profession on the basis of a competent approach. It is determined that other components of educational activity - management, financial-economic and commercial-production – need to be standardized. The ways of further improvement of the professional world system are proposed: approximation of the content of the state standards of the VET to the requirements of employers, dynamic response to socio-demographic challenges, work on increasing the prestige of the workers 'professions, licensing of workers' professions and certification of UPTE.
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SAVYTSKYI, M. V., and H. P. YEVSIEIEVA. "IMPLEMENTATION OF REGULATORY AND LEGAL PRINCIPLES OF ACADEMIC INTEGRITY IN PSACEA: ACHIEVEMENTS AND PROSPECTS." Ukrainian Journal of Civil Engineering and Architecture, no. 1 (June 24, 2021): 133–46. http://dx.doi.org/10.30838/j.bpsacea.2312.230221.132.728.
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In the modern development of society the need to improve the quality of training of highly qualified and competitive personnel with not only broad fundamental knowledge, but also able to independently and creatively solve professional problems, realize the personal and social significance of professional activity, can be responsible for its results. and be honest in their actions becomes more urgent. The demand of the Ukrainian society for a responsible and virtuous specialist, who is trained (educated) in educational institutions of Ukraine, has led to changes in Ukrainian educational legislation. In accordance with Article 42 of the Law of Ukraine ”On Education”, adopted in 2017, for the first time in the legal circulation of the state introduced the concept of “academic integrity”. The relevance of the research topic is that the integration changes in the public life of Ukraine, which are caused by the signing of the Agreement with the EU, have led to significant changes in Ukrainian legislation relating to education. The new Law of Ukraine “On Education”, which contains new requirements for educational standards, in particular, within the framework of Article 42 of this Law. In our opinion, the analysis of the concept of “academic integrity” and regulatory documents on the implementation of this article in the Free Economic Zone seem interesting. The purpose of the article. Analyze the legal documents for the implementation of issues of academic integrity in higher education institutions, in particular in the Dnieper Academy of Civil Engineering and Architecture. Conclusions. The Free Economic Zone, in particular the Dnieper State Academy of Civil Engineering and Architecture, has successfully adopted legal documents on academic integrity in accordance with Ukrainian legislation and is moving forward to implement the basic principles of academic integrity by developing implementation mechanisms.
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Vasilyeva, K. V. "On the issue of legal regulation of the qualifications of a teacher of legal disciplines at a university." Voprosy trudovogo prava (Labor law issues), no. 3 (March 23, 2021): 200–207. http://dx.doi.org/10.33920/pol-2-2103-05.
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In modern Russian universities, there are frequent complaints from law students that a teacher who reads a particular discipline is not a specialist in the field of this discipline. The article analyzes the norms of modern legislation on higher education, as well as federal state educational standards of higher education in the direction of training “Jurisprudence” for clear requirements for narrow scientific and (or) practical specialization of teachers of legal disciplines.
18
Turkaeva, Laura. "Legal education and training of minors as a moral and legal aspect of personality development." Current Issues of the State and Law, no. 13 (2020): 59–67. http://dx.doi.org/10.20310/2587-9340-2020-4-13-59-67.
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The relevance of this work consists in the fact that at the present stage of society's development, full legal education and training of minors can be achieved through the aspiration of a person to learn the basics of legislation and to show respect for them. Considering the state and legal structure of the Russian Federation, this issue is given special attention. At the same time, knowledge and respect for laws do not yet cover the entire spectrum of the legal culture of the younger generation, since they must also understand and comply with them. Whereas by virtue of their harmonious combination, the coefficient of legal awareness and legal culture of modern children is taking shape. The need to strengthen preventive measures of educational impact is increasing every day. Every child should be aware of and feel the protection and priority of constitutional rights and freedoms. Scientific studies show the need for legal education of children using the state mechanism of influence, taking into account educational institutions, age qualifications and home conditions in which the child is brought up. In addition, positive dynamics in this problem will be observed only through the integrated approach of all state bodies represented by the three branches of government (legislative, executive and judicial), and using the experience of the European powers with the subsequent unification of international law.
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Abroskin, V. V. "Educational Function of the State as an Object of Administrative and Legal Regulation." Law and Safety 76, no. 1 (February 20, 2020): 39–45. http://dx.doi.org/10.32631/pb.2020.1.05.
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The emphasis has been placed on the fact that the state has the main responsibility for the formation of state policy in the field of education and the development of effective mechanism for its implementation. The author has emphasized that without the development of effective mechanism for the implementation of the educational function of the state it will be impossible to ensure the proper functioning of all spheres of public life: political, economic, cultural, environmental, informational, law enforcement, etc. In this regard, it has been focused on the importance of clarifying the content of the educational function of the state, developing effective mechanisms for its implementation.
The education has been offered to be understood as a complex process regulated by the norms of national legislation, to ensure its quality we create relevant entities, entitled to provide educational services, which allows recipients of such services to realize personal potential based on their abilities, interests, needs, motivation, capabilities and experience. It has been established that the understanding of education as the result or process is the feature of the expediency of legal interpretation of this term, since procedural issues related to the organization of the educational process, education, establishment and operation of educational institutions, education management, etc. are regulated by law, primarily by administrative law.
As a result of revealing the essence of the categories “function of the state” and “education” the author has formulated own definition of the concept of “educational function of the state” as the direction conditioned by the social purpose of the state, during which the state (in the form of state and non-state subjects of educational activity) creates proper conditions to meet the needs of citizens for their intellectual, spiritual, physical and cultural development, to provide them with equal access to educational services, which, as a consequence, may lead to the achievement of the planned learning outcomes. The conclusion about the two-component purpose of the educational function of the state has been made.
It has been substantiated that the implementation of the educational function of the state is mainly carried out with the help of administrative and legal tools. The characteristic features inherent in the educational function of the state as an object of administrative and legal regulation have been outlined.
The author has distinguished the main prerequisites for ensuring the proper implementation of the educational function of the state: a) the existence of a coherent system of regulatory acts, the provisions of which determine the priority areas of the state educational policy and take into account European educational standards, while developing an effective mechanism for implementing regulations; b) clearly defined range of subjects of management in the field of education with the consolidation of their administrative and legal status at the legislative level; c) the system of financial and logistical support of procedures for the provision and consumption of educational services must be scientifically sound and take into account modern innovative tendencies in the education sphere; d) development of an effective mechanism for motivating the employees in the field of education to use innovative technologies.
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Yashchuk, Tatiana. "LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT)." Law Enforcement Review 1, no. 4 (January 10, 2018): 14–27. http://dx.doi.org/10.24147/2542-1514.2017.1(4).14-27.
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The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic). An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was growing. The consignments are included in norm-setting activities. The established norms changed little until the end of the Soviet period. In the 1960s the liberalization of educational legislation began, which continued until the end of the Soviet period.Conclusions. Higher education as a special social Institute took shape in the medieval period. The German model, tested in the early nineteenth century with the establishment of the University in Berlin, had a huge influence on the genesis of modern higher education.
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Gearin, Brian, Jessica Turtura, Edward J. Kame’enui, Nancy J. Nelson, and Hank Fien. "A Multiple Streams Analysis of Recent Changes to State-Level Dyslexia Education Law." Educational Policy 34, no. 7 (October 23, 2018): 1036–68. http://dx.doi.org/10.1177/0895904818807328.
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This article provides an overview of recent changes to state-level dyslexia legislation. It begins by applying a variant of Kingdon’s multiple streams approach to explain how the dyslexia education “policy window” came to be opened. The article then describes the most likely effects and side effects of the new laws. Likely short-term effects include (a) a greater focus in schools on dyslexia screening and intervention, (b) greater use of multitiered systems of support and explicit instruction, and (c) changes in teacher preparation and training. Possible long-term effects include a reconceptualization of what constitutes “normal” school practice.
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Zirkel, Perry A. "Legal Update of Gifted Education." Journal for the Education of the Gifted 39, no. 4 (November 1, 2016): 315–37. http://dx.doi.org/10.1177/0162353216671836.
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This update of the legislation/regulations and case law specific to pre-K–12 gifted students since a cluster of publications in 2004–2005 primarily focuses on the “gifted alone” category, with only secondary attention to twice-exceptional and other students in the “gifted plus” category. For the gifted-alone category, the legislation and regulations during the most recent 11 years continue to be at the state level, rather than federal level, with a net change amounting to moderate strengthening, primarily in terms of the group, rather than Individuals With Disabilities Education Act (IDEA)–type, model. The corresponding case law remains very limited in both frequency and pro-plaintiff outcomes, with most of the cases arising in Pennsylvania. The gifted-plus category accounts for far more litigation, fueled by the intersecting federal civil rights laws that are pivotal in these cases. Yet, their outcomes, for a variety of issues that extend well beyond eligibility and free appropriate public education, have also reflected a pro-district skew.
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Raptis, Helen. "Actors, Ideas, and Institutions: The Forces Driving Integrated Education Policy in British Columbia, 1947–1951." History of Education Quarterly 58, no. 4 (October 12, 2018): 537–66. http://dx.doi.org/10.1017/heq.2018.30.
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British Columbia (BC) charted its own course in 1949 when it passed legislation permitting Indigenous children to be schooled in provincial public schools. That is, BC's law predated federal legislation allowing integrated schooling by two years. This paper examines how and why BC followed its own policy path with respect to the schooling of Indian children in the years immediately following World War II. It illustrates three key forces propelling BC's integration agenda: policy actors, ideas, and institutional structures. Indigenous and non-Indigenous policy actors were shaped by the discourse of ethical liberalism, an ideology that dominated BC's educational landscape during the first half of the twentieth century. Key policy actors succeeded in implementing integrated schooling in advance of federal legislation due, in part, to Canada's political institutions, which have facilitated regional autonomy in matters such as education. This study highlights the importance of telling regional histories in addition to those of the nation-state.
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Docush, Vitaliy I., and Ya Poznyak. "Secular and Theological Education: Interaction or Confrontation?" Ukrainian Religious Studies, no. 36 (October 25, 2005): 220–24. http://dx.doi.org/10.32420/2005.36.1678.
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If we analyze our legislation in detail, we can see that there are so-called “legal scissors”. On the one hand, the law guarantees freedom by equalizing the rights of all citizens of the state (Article 24 of the Constitution), and on the other - leaves believers outside the legal field (Article 35 of the Constitution and Article 6 of the Law of Ukraine "On Freedom of Conscience and Religious organizations ") declaring separation from the church. It should be noted that even the Law on Education does not guarantee the right to receive alternative (not secular) education for children of believers, regardless of their affiliation with a religious organization, in educational institutions. It should also be noted that even in the years of Ukraine's independence, the issue of granting theological education a proper status that would equate it to secular rights has not yet been resolved. Again, the principle is the separation of the school and the church. Here are some questions.
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Shaked, L. "The Inclusive Education: Policy Issues and Challenges. The Rights in the Amended Special Edu- cation Law in Israel (1988)." Autism and Developmental Disorders 18, no. 1 (2020): 14–23. http://dx.doi.org/10.17759/autdd.2020180102.
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This paper discusses the effects of Special Education law (1918) in Israel and amendments followed in 2002; 2018 on school placement policy and attitudes toward inclusion. The critics on differential budget to different setting that the budget doesn’t support the least restrictive environment concept and inequality in the allocation of resources among students in special education and students integrated in the regular education lead to the amendment nr.11 of Special Education law. Present paper argues that while state policy makes an ongoing effort to increase access to general edu- cation by innovative legislation, increasing the state funding in order to accommodate and meet the needs of students with disabilities in inclusive education the practices of educational institutions perpetuated exclusion from general education. For regular teachers to feel confident in their ability to teach all students, a change in teacher preparation programs should be implemented. A change in teacher preparation programs still needs a profound reform.
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Gounari, Panayota, and George Grollios. "Educational reform in Greece: Central concepts and a critique." Journal of Pedagogy / Pedagogický casopis 3, no. 2 (December 1, 2012): 303–18. http://dx.doi.org/10.2478/v10159-012-0015-7.
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Abstract The case of Greece as the most recent neoliberal experiment can provide valuable insights not only about a generalized attack on the welfare state and the public good, but also about the radical changes in public education that are altering its public mission, vision, and goals. In this paper first we trace the educational landscape in Greece as it emerges both from the reform in primary and secondary education and from the new law 4009 on higher education. The ongoing government discourse on education is shaped and constructed along the lines of a market- driven society and unapologetically espouses the neoliberal dogma that aims to convert education into training, universities into corporations, knowledge into a service or commodity, and students into clients. We further examine the official public discourse as illustrated in government documentation in an attempt to map out the marked shift from the university as a public good to the university as corporate entity, and highlight the particular ways in which this is done. The new educational legislation sets the stage for an education where the individual will thrive through relentless competition, where collectivity is abolished, where only “useful” knowledge counts and where “quality” and “excellence” serve as the excuse for a corporate standardization of the university and the academic life and thought.
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Moses, Michele S., John T. Yun, and Patricia Marin. "Affirmative Action’s Fate: Are 20 More Years Enough?" education policy analysis archives 17 (September 10, 2009): 17. http://dx.doi.org/10.14507/epaa.v17n17.2009.
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In this article we examine the current status of affirmative action in postsecondary admissions through a concurrent review of recent court rulings, state legislation, and higher education enrollment data. Analyzing each of these factors in the context of the others is important because the court decisions and state-level legislation interact to affect enrollment. We not only present the state of the law, but also examine several outcomes of affirmative action case law and ballot initiatives as well as political implications for the future of affirmative action. From a broad philosophical and legal perspective, then, we ask first, what is the current legal and political status of race-conscious policy in higher education admissions?And second, given that current status, what is the likelihood that by 2028 affirmative action will no longer be needed to further the goals of diversity and equality on college and university campuses? Our methods include analyses of prominent court decisions and state legislation, as well as analyses of enrollment data from the Integrated Postsecondary Education Data System to examine the racial/ethnic diversity of first-time, degree-seeking undergraduates at several state flagship institutions from 1994 to 2005 and compare that to the racial/ethnic diversity of the same undergraduate students attending all 2- and 4-year degree granting public and private institutions in the flagship’s state. In states potentially facing anti-affirmative action ballot initiatives, these analyses provide one approach to examining the current need for affirmative action in admissions and the likely consequences if the ballot initiatives pass.
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S. O., Nishchymna. "Administrative and legal support of the educational process in the Academy of the State Penitentiary Service." Scientific Herald of Sivershchyna. Series: Law 1, no. 12 (July 2, 2021): 61–68. http://dx.doi.org/10.32755/sjlaw.2021.01.061.
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The article addresses to the characteristics of the administrative and legal support of the the educational process organization in the Academy of the State Penitentiary Service. With the declaration of independence, Ukraine has paid attention to build a European state with appropriate standards in all spheres of state activity. One of the priority areas of this course is the development of a new functioning system of the structure of law enforcement agencies, including the penitentiary system. For the proper functioning of this institution, professional personnel is needed, who will be the main persons of the development of the new penitentiary system of Ukraine in compliance with the leading standards of the European community. The Academy of the State Penitentiary Service has been established and operates in accordance with the Law of Ukraine “On Higher Education”. The main purpose of the Academy is to train specialists in the field of knowledge “Law”, “Social and Behavioral Sciences” and other fields in order to meet the needs of the State Penitentiary Service of Ukraine, to provide society with qualified specialists with higher education, scientific, scientific and pedagogical staff according to the state order, contractual obligations and thus the new generations formation of national intelligentsia. The educational process in higher educational institutions with specific learning conditions, such as the Academy of the State Penitentiary Service, is carried out in accordance with the legislation on higher education, although general subordination is carried out by the relevant ministry – the Ministry of Justice of Ukraine. Having certain peculiarities in the cadets, students and associate professors’ training, the Academy also prepares students and graduate students at the expense of individuals and legal entities. The main participants in the educational process at the Academy, as well as in any higher educational institution with specific learning conditions, along with research and teaching staff, are cadets (students) (at the expense of legal entities), students (at the expense of individuals), associate professors (graduate students). All higher education obtainers, enrolled in the Academy receive higher education at the first (bachelor’s), second (master’s) and third (educational-scientific) levels. Key words: administrative and legal support, educational process, Ministry of Justice of Ukraine, Academy of the State Penitentiary Service, penitentiary system.
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Kim, Robert. "Under the Law: ‘Anti-critical race theory’ laws and the assault on pedagogy." Phi Delta Kappan 103, no. 1 (August 23, 2021): 64–65. http://dx.doi.org/10.1177/00317217211043637.
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A recent spate of state laws attempts to limit how much schools teach about critical race theory. Robert Kim surveys the current legislation, noting that they fail to grapple with actual problems in the teaching of history and often contain loopholes that reduce their impact. He also notes that, although states have power over school curricula, the courts have struck down laws related to school curricula when those laws appear to have a discriminatory purpose.
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Rodriguez, Sophia, and Timothy Monreal. "“This State Is Racist . . ”: Policy Problematization and Undocumented Youth Experiences in the New Latino South." Educational Policy 31, no. 6 (August 16, 2017): 764–800. http://dx.doi.org/10.1177/0895904817719525.
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This article examines how state-level policy discourse articulates a category of knowledge about immigrants in South Carolina that governs the everyday experiences of undocumented immigrants. In the analysis of proposed and enacted immigration legislation from 2005 to the present, we use a Foucauldian-inspired critical discourse analysis to better understand how policy forms out of a problematization of marginalized groups such as undocumented immigrants. We find that policy constitutes immigrants as an economic and security threat and as Othered, outsiders to the state. This allows for policy makers to propose seemingly rational solutions such as “proving one’s status” and “increased law enforcement.” We suggest that this categorization of knowledge about immigrants has clear implications for educational attainment, social mobility, and public life while highlighting the viability of a Foucauldian-inspired theorization of discourse and critical discourse analysis as a method for inquiry.
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RUDA, Oksana. "EDUCATIONAL ISSUE IN THE ACTIVITIES OF JEWISH PARLIAMENTARIANS IN THE LEGISLATIVE SEJM OF THE POLISH STATE (1919–1922)." Contemporary era 8 (2020): 3–18. http://dx.doi.org/10.33402/nd.2020-8-3-18.
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Jewish ambassadors' activities in the Legislative Sejm (1919–1922) aimed at protecting and developing national schooling are analyzed. Emphasis is placed on Jewish deputies defending their voters' educational rights during parliamentary speeches, political debates, submissions, and interpellations. The ambassadors raised such important educational issues as the adoption of educational legislation agreed with national minorities, the development of non-Polish educational institutions of all types, the "utraquisition" and liquidation of minority schooling, and the persecution of Jewish, Ukrainian, Belarusian, and German teachers. There are differences in Jewish ambassadors' views on the interpretation of the place of Jews in Poland, approaches to determine the role of religion in education, the national language, and the medium of instruction in educational institutions (Yiddish, Hebrew, Polish). Such differences partially hindered the consolidated activities of Jews to protect the educational rights of their people. It is noted that some of the parliamentarians supported the development of schools with Hebrew as the medium of instruction, others - Yiddish. At the same time, some advocated for religious schools and the rest for secular ones. Despite the lack of a unified vision of solving the educational issue among Jewish politics, Jewish parliamentarians, getting the support of German deputies and representatives of Polish left-wing political parties, used the parliamentary platform to protect the educational interests of electors. They joined in providing Jews with fundamental rights guaranteed by domestic law and international agreements, as well as in expanding the network of schools with Yiddish, Hebrew, or bilingual instruction.
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Moroz, Mykola. "Limits of exercising the rights to leasing out property by public institutions of higher education." Law and innovative society, no. 2 (15) (January 4, 2020): 7–12. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-1.
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Problem setting. Leasing out property that is involved in educational, academic, training and production, scientific activities by the public institutions of higher education often leads to violation of the rights of other participants in educational activities. They are sure to be a result of violating the limits, established by the current legislation, of exercising the rights to leasing out property by the public institutions of higher educational. Analysis of recent researches and publications. The issues of state property lease have been studied by many scholars. Basic research in this area has been conducted by I. Spasibo-Fatieieva, O. Lipetsker, Ye.Kazarenko, V. Steshenko, M. Pronina, S. Puhinsky, T. Potapenkova, Yu.Basin, D. levenson, N. Khashchivska, N. Milovska and other scientists. Target of research. The aim of the paper is a comprehensive study and analysis of the limits of exercising the rights by the public institutions of higher education to leasing out their own property. To achieve this goal the following tasks should be solved: 1) to define the limits of exercising the rights by the public institutions of higher education to leasing out their own property; 2) to determine the legal consequences of concluding lease agreements by the public higher educational institutions in violation of current legislation. Article’s main body. The article conducts a general study and analysis of the right of the public institutions of higher education to lease property. The author emphasizes that public higher educational institutions have the right to lease out only real estate and other individually identified property. The legal consequences of concluding lease agreements by public higher educational institutions in violation of the current legislation have been studied. Conclusions and prospects for the development. Summarizing the results of the study we can formulate the following conclusions. The public institutions of higher education have the right to lease out real estate and other individually determined property in the manner prescribed by law and subject to statutory restrictions (without the right of redemption and sublease, when it does not worsen the social and living conditions of persons studying or working in the educational institution). While leasing the property, the public higher educational institution realizes primarily their own property interests, at the same time, indirectly realizing the property interests of the state. If the lease agreement of real estate and other individually determined property of higher educational institutions is recognized as invalid, it may be recognized as invalid only for the future.
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Movkebayeva, Zulfiya, Dana Khamitova, Aibarsha Zholtayeva, Venera Balmagambetova, and Kairat Balabiyev. "Factors influencing the legal regulation and management of education system in Kazakhstan: a review and analysis." Problems and Perspectives in Management 18, no. 4 (October 15, 2020): 14–24. http://dx.doi.org/10.21511/ppm.18(4).2020.02.
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Nowadays, the modernization of the education system is the basis of dynamic sustainable economic development and citizens’ well-being. The key agent for the implementation of educational policy and the developer of the legal framework governing the functioning of the educational sphere is the state and its bodies. The Kazakhstani state policy’s main priorities in the field of education are formulated in several strategic documents. Using the review approach, this article examines the current state of public policy and legal regulation in Kazakhstan’s education sector. The article analyzes key documents that define the contours and content of the main directions of public policy and legal regulation. This article attempts to identify, review, and analyze the legal characteristics of the key process and factors existing in the legal field of Kazakhstani education, such as “Bologna factor,” “soviet legacy,” “provision of quality,” etc. The article concludes that the existing legal tools do not fully comply with law enforcement practice. The interpretations of some legal acts are somewhat different, which causes difficulties for actors providing educational services. Based on the result of the analysis, the article provides the main recommendations for improving legislation in education. Acknowledgment This article was written under grant from Kazakhstan Ministry of Education and Science No. АР05135081 “Student with disabilities and distance education learning environment: socio-practical and legal dimensions” coordinated by Prof. Dr Zulfiya Movkebayeva (Abai Kazakh National Pedagogical University).
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Vasiliev, A. A., E. S. Anichkin, and A. A. Serebryakov. "THE DRAFT LAW OF THE ALTAI TERRITORY “ON THE INTERACTION OF PUBLIC AUTHORITIES OF THE ALTAI TERRITORY AND LEADING UNIVERSITIES OF THE ALTAI TERRITORY”." Russian-Asian Legal Journal, no. 4 (January 31, 2020): 8–13. http://dx.doi.org/10.14258/ralj(2019)4.2.
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The article presents the concept and main provisions of the bill of the Altai Territory on the leadinguniversities of the Altai Territory. The authors note the desire of the federal government to isolate a specialpool among regional universities in order to retain talent in the regions and reduce migration outflows.At the first stage, the so-called core universities in the constituent entities of the Russian Federation were selected, which received additional financing for development programs. The status of supportinguniversities was never developed in educational legislation, although a number of constituent entitiesof the Russian Federation adopted laws on supporting universities, emphasizing their importance forregional development. Within the framework of the priority national project, it is supposed to be selectedin 2020–2024. 80 educational institutions of higher education that provide training for the basic sectorsof the economy and social sphere of the subject of the Russian Federation. The article proposes a draftlaw of the Altai Territory on the interaction of state authorities of the Altai Territory and educationalinstitutions of higher education, providing training for basic sectors of the economy and social sphere ofthe Altai Territory.
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Hareket, Erdem. "Disciplinary Offenses and Punishments Related to Higher Education Students in Educational Law: On Some Problematics with Legal Principles." Yuksekogretim Dergisi 11, no. 2Pt1 (August 1, 2021): 191–214. http://dx.doi.org/10.2399/yod.20.691437.
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For all public officials serving within the public sphere and university students studying in higher education institutions with public legal personality, compliance with the law as regards their rights, responsibilities, duties or statuses is an indispensable requirement of public life. This requirement is framed by positive norms provisions. Actions and penalties for disciplinary offenses against higher education students fall within the subject boundaries of various law fields such as administrative, criminal, disciplinary and educational law. Therefore, the provisions of the legislation on higher education students' disciplinary offenses and penalties must be clearly stated on the basis of legal principles. Based on this necessity, this study attempts to shed light on the investigation and punishment processes executed as per the Higher Education Institutions Student Disciplinary Regulations, from the perspective of the legal provisions and principles involved.
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Korolev, S. V. "«Basic Education» and «Vocational Profile» as Ideologemes of the Bologna system." Russian Journal of Legal Studies 2, no. 3 (September 15, 2015): 115–24. http://dx.doi.org/10.17816/rjls18056.
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The article deals with two unquestioned hereto terms: «basic education» and “(scientific) profile”. The author unmasks their logical incoherence and ideological bias. The target of special critique is the Bologna system of higher education with its depersonalization of education in the disguise of the battle for objectivity and fragmentation of education in the disguise of its differentiation. As a lawyer, the author favours the normativist method, which inevitably combines with the systematic analysis of the federal legislation on education. The author also applies the juridical hermeneutics as elaborated by Frederic Carl von Savigny while analysing the actual problems of the Russian higher education. Within the nascent educational law of Russia the author suggests, firstly, differentiating between the exclusive and inclusive interpretation methods. Secondly, he insists on the necessity of subjecting the eventual decision act for or against either of these methods to the rule of law imperative and the principle of the social state as anchored in the Russian constitution of 1993.
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Hasan Majeed, Dr Rafid. "The rule: (There is no crime and no punishment except by the text) of a jurisprudential study through the Qur’an and Sunnah." Psychology and Education Journal 58, no. 1 (January 1, 2021): 3378–92. http://dx.doi.org/10.17762/pae.v58i1.1276.
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Islamic Sharia is considered a complete and comprehensive law for all the requirements of life. The Holy Qur’an is the first fundamentals of Sharia, indicating its provisions and supported by the noble Sunnah, and it is the second source of Islamic law. Its sources, and the significance of the Holy Qur’an in its entirety, dedicated to its year and limitation to the absolute. It has a legal text, and the act or omission is not considered a crime unless this act is forbidden or imposed by divine legislation. This is because the legislator has to state what he is being punished for, and this meaning is mentioned in the rule: ((There is no crime or punishment without a text ((
The main question in this paper is how did Islamic law deal with this rule?
And the sub-questions: What is the meaning of the rule and its vocabulary? What are its evidence and its most important applications?
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Et al., Khamidov Bakhtiyor Khamidovich. "General Theoretical Issues of Improving Private Forensic Methods In The Field Of Combat Against Cybercrime." Psychology and Education Journal 58, no. 1 (January 1, 2021): 2705–12. http://dx.doi.org/10.17762/pae.v58i1.1153.
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This article critically examines the problems and gaps that arise in national legislation and law enforcement practice in the fight against cybercrime. Scientifically grounded ways and means of their overcoming are theoretically analyzed. In this regard, proposals and recommendations were developed for the development of private criminology methodologies for the development of the theory of forensic science.
The article was prepared with the views of theorists and practitioners, as well as technical research which were based on scientific and practical research in the field of countering cybercrime.
The study analyzes a number of proprietary forensic methods that serve to improve the effectiveness of investigative actions in the fight against cybercrime. National legislation, investigative and judicial practice, international prominent practices were studied, and their achievements and drawbacks were substantiated on the basis of the author's conclusions. Based on this, the most favorable directions for combating these crimes in Uzbekistan were selected.
The article provides a systematic, legal, scientific and methodological analysis of problems in this area and the author's conclusions on this matter. At the same time, the role and importance of advanced foreign experience and international standards in improving national legislation and ensuring the implementation of the tasks set in the State Program are emphasized. In addition, the concepts of "electronic evidence" and "digital evidence" were scientifically analyzed. Their content and technical features are scientifically and theoretically substantiated.
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Kalyniuk, Natalia Mykolayvna. "Realization of the human right to education in quarantine conditions: Ukrainian realities." Engineering and Educational Technologies 8, no. 4 (December 30, 2020): 8–18. http://dx.doi.org/10.30929/2307-9770.2020.08.04.01.
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It is substantiated that one of the effective ways to protect human and civil rights in Ukraine is a synergistic combination of mechanisms of state power to protect these rights and freedoms. The article is devoted to the problem of realization by a person of the constitutional right to education in the conditions of quarantine restrictions. In general, the current legislation on protection of the population from infectious diseases is not properly applied in Ukraine. It is emphasized that the availability of education as a constitutional guarantee of the realization of the right to education on the principles of equality defined by Art. 24 of the Constitution of Ukraine is that no one can be deprived of the right to education, and the state must create opportunities for the exercise of this right. The problematic aspects of the implementation of the constitutional right to education in the conditions of quarantine established in the state and the approved anti-epidemic measures for the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2 are considered. The shortcomings of the current legislation regulating the implementation of the individual and the right to education in the context of the COVID-19 pandemic are highlighted. It is established that the legal grounds for the introduction of an emergency situation in Ukraine are the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" and the Law of Ukraine "On Protection of the Population from Infectious Diseases". However, neither the Law of Ukraine "On Ensuring the Sanitary and Epidemic Welfare of the Population" nor the Law of Ukraine "On Protection of the Population from Infectious Diseases" can provide the Cabinet of Ministers of Ukraine with restrictions on constitutional rights and freedoms under Article 64 of the Constitution. restrictions only in case of martial law or state of emergency. The mechanisms of realization by a person of the constitutional right to education in the conditions of established quarantine restrictions are clarified. Distance learning has been studied as the only possible alternative to the usual mode of attending secondary schools. It is proved that currently in schools there is no opportunity, time, funds for the organization of system and technical support of distance learning, therefore, the only possible form of education is to visit schools in the usual way. In addition, we draw your attention to the fact that before the beginning of the school year, education authorities at both regional and regional levels, local governments, which under current law are required to comply with the orders of the executive body implementing policy in the field of protection health in the context of preventing the spread of infectious diseases and the application of anti-epidemic measures, checking the readiness of educational institutions to work in quarantine realities. Schools are sufficiently provided with individual and collective protection. This allows them to operate and provide educational services to students.
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Shine Thompson, Mary, and Ann-Katrin Lena Svaerd. "Unintended consequences of special-needs law in Ireland and Sweden." Kybernetes 48, no. 2 (February 4, 2019): 333–47. http://dx.doi.org/10.1108/k-06-2018-0307.
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Purpose This paper aims to trace parallels in the unintended consequences of interpretations of special-needs law in Ireland and Sweden. Design/methodology/approach The paper is conceptual, based on Irish and Swedish legal reports, studies and national planning documents on supports for people with disabilities. It begins by discussing unintended consequences, and then analyses the Irish court decision in Sinnott v. Minister for Education (2001), which stated that the State’s obligation to provide for education for people with special education needs (SENs) ceases when they reach 18 years. It considers how economic considerations influenced that decision. The focus then diverts to Sweden’s human rights culture and the 1994 legislation, LSS (Sweden’s Act Concerning Support and Services for Persons with Certain Functional Impairments), which enshrines equality and support for people with disabilities, including personal assistance (PA). Cost-saving restrictions on PA allowances are discussed. Findings While the Irish State enacted a law on education rights following the Sinnott case the Education for Persons with Special Educational Needs Act (2004), or EPSEN (2004), it restricts those rights, and sections remain uncommenced. The case may have exhausted litigation as a remedy for people with SENs. In Sweden, austerity diluted the impact of LSS, leading to reduced entitlements and intrusions on privacy. It allowed legal discourse to dominate discussion. Families were negatively affected. In both countries, human rights may have suffered. Identifying which consequences of the legal actions were unintended, and which party did not intend them, can be problematic. Practical implications The paper concludes that the courts limited entitlement to the detriment of people with disabilities, and that caution must be exercised in having recourse to law courts in settling entitlements. Originality/value The paper is an original analysis of unintended consequences of legal interventions in special-needs policy. It illustrates difficulties in matching visions and systemic requirements in legal and the educational domains.
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Prasov, Oleksandr, and Yuliia Abakumova. "PRINCIPLES AND PROBLEMS OF FINANCIAL PROVISION OF EDUCATION TO PERSONS SENTENCED TO IMPRISONMENT." Baltic Journal of Economic Studies 6, no. 4 (November 24, 2020): 141–48. http://dx.doi.org/10.30525/2256-0742/2020-6-4-141-148.
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The purpose of the article is to study the economic and legal problems of financing the education of persons sentenced to imprisonment, realization of their constitutional right and to propose to eliminate existing gaps in the legislation. Methodology. The survey is based on an analysis of the principles of financing education, including prison education, on the procedure and problems of financing education for persons sentenced to imprisonment. The principles, good practice and problems of providing educational services in Singapore, Japan, Hong Kong, South Korea, Finland, the Netherlands, Canada, Poland, Germany, Ireland, Great Britain, the USA, Estonia, Kazakhstan, Ukraine, the Russian Federation are considered. Sourcing of education (state, non-state and mixed) are investigated. The analysis of macro indicators of social and economic development of the countries, in which certain system of financing of education operates, is carried out. Emphasis is placed on the fact that the country's development largely depends on the share of gross domestic product spent on research. Only if the cost of science exceeds 0.9% of gross domestic product, it can be said about the impact of science on the development of the state economy. It is concluded that most European countries use the so-called principle of "funding formula", according to which the state allocates financial resources to higher education institutions in amounts determined by special indicators, such as high quality of education, number of students, labor intensity and material consumption of the education process. Results. In the process of studying the state policy on financing the educational system, it has been concluded that tthe most developed countries with a sufficiently high level of gross domestic product per capita have the state system of financing higher education. The main positive feature of penitentiary educational systems is their focus on the prisoner as an individual to provide his or her needs, the opportunity to acquire professional skills and, in the future, to integrate into society and restore his or her social status easily. The authors also conclude that due to certain difficulties in obtaining education by prisoners, namely, most of these persons cannot get an education because they are in isolation from society, their attendance at school is impossible, the way out of this situation is distance learning. Practical implications. . Proposals have been made, according to which higher education for persons sentenced to imprisonment should be regarded as paid activity along with work, and the possibility of obtaining distance education should be enshrined in law. Value/originality. The article provides proposals for amendments to the legislation in the field of education for persons sentenced to imprisonment in some post-Soviet countries for the harmonization of regulations.
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Bani Younes, Dr Jihad Saleh. "Legal status of pharmaceutical industry secrecy In the UAE legal system." Psychology and Education Journal 58, no. 1 (February 5, 2021): 4377–85. http://dx.doi.org/10.17762/pae.v58i1.1515.
Full textAbstract:
Facing the problem of matching growth and status, starting work, starting work, starting work, starting work, starting work, starting work, starting work, and the United Arab Emirates. This harmonization - by approving a set of exceptions of this nature has some of the effects and the secret idea behind it.
As we see him, he relied on the idea of public order in order to set some exceptions related to the inventions themselves by excluding some of them from the requirement to obtain a patent certificate, which is stipulated in Article 6 of the Law on the Organization and Protection of Industrial Property, and he also made exceptions related to the rights established for the inventor, which are It gives him the power to monopolize and dominate the invention if the inventor has what is in conflict with the objectives of scientific research, which is stipulated in Article 19 of the aforementioned law, and we see that the UAE legislator has organized the idea of compulsory licensing contracts for pharmaceutical products in accordance with the interests of both the licensee and the licensee. Both.
Research problem: considering that the pharmaceutical industry in the UAE is a strategic industry, and because of the fluctuation of drug prices in the global and local market. Therefore, the problem of this research will focus not on the extent to which the pharmaceutical industry in the Emirates can activate its role in the UAE national economy in light of the UAE pharmaceutical legislation, and whether these legislations were able to create a balance between secrecy in the pharmaceutical industry and scientific progress in this industry.
research assumes:
1- There is no relationship between advances in the pharmaceutical industry in the UAE and the confidentiality imposed by the TRIPS Agreement.
2- The UAE’s accession to the TRIPS Agreement had a negative impact on the pharmaceutical industry.
3- The Emirati legislator was able to create a consensus between commitment to confidentiality and the manufacture of medicines.
research aims:
1- Introducing confidentiality in the pharmaceutical industry.
2- Identifying the main obstacles to the pharmaceutical industry in the UAE.
3- Developing proposals to activate the role of local legislation to create a balance between confidentiality and the pharmaceutical industry.
research importance:
The importance of the research lies in focusing on the balance between confidentiality and the local pharmaceutical industry to have a developmental role. Thus, we will try to reveal the state of the pharmaceutical industry in the UAE. And how to stimulate the pharmaceutical industry through national legislation
Research methodology: The researcher will rely on a descriptive approach to analyze and characterize the special industrial reality in medicine in the UAE and analyze private legislation
Based on the foregoing, and in order to understand the position of the Emirati legislator on the idea of secrecy in the pharmaceutical industries more, this requirement must be divided into two studies. In the first, we review the concept of confidentiality in the pharmaceutical industries. Second: the concerted attempts to mitigate the negative effects of confidentiality in the pharmaceutical industries.
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Perre, M. "Acknowledging Educational Programs in Psychotherapy for Psychologists: Possible Ways of Government Regulation." Консультативная психология и психотерапия 28, no. 4 (2020): 144–66. http://dx.doi.org/10.17759/cpp.2020280408.
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We present an example of current legal regulation of education and training programs for psychotherapists on the example of legislation in Switzerland. It dwells upon the criteria for training professional psychotherapists. The paper also discusses the procedure for admission into the workforce (accreditation) and describes the experience of the first stage of admission in Switzerland. The Swiss example shows that the provisions for applying the law to the admission procedure need to be clarified in order to be able to distinguish, as required by the law, scientifically based psychotherapeutic approaches and methods from those which are not, or not yet, scientifically or evidence-based. Furthermore, we touch upon the issue of distinguishing between psychological counseling and psychotherapy and describe a proposed solution to this problem, as practiced in the Netherlands. In addition, we present the recently (September 2020) enacted reform of the Psychotherapy Act of Germany. This reform concerns education and advanced qualification training as well as the accreditation of psychotherapists.
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Hall, Gordon Emmett, and Shirley Andrea Woika. "The Ongoing Challenges to Evolution Education: Schools, the Law, and Classroom Instruction." American Biology Teacher 80, no. 2 (February 1, 2018): 87–91. http://dx.doi.org/10.1525/abt.2018.80.2.87.
Full textAbstract:
There are forces at the local, state, and national levels that have worked to delegitimize the teaching of evolution and, in some cases, to legitimize the teaching of religious theory. Despite scientific evidence, public opinion, and even legislation, these forces have continued to influence, and in some cases block, the teaching of evolution in public schools. Proponents for the teaching of religious theory in schools have been defeated in the courts many times but have continued to find new ways to insert their ideology into the U.S. education system. Strategies for avoiding controversy, confronting misinformation, and distinguishing science from faith are provided at the end of this article.
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Zendeli, Emine. "The right to education as a fundamental human right." Contemporary Educational Researches Journal 7, no. 4 (December 5, 2017): 158–66. http://dx.doi.org/10.18844/cerj.v7i4.2718.
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The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia.
Keywords: Education, fundamental human rights, covenant, law.
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Parinova, A. O. "SEPARATE ISSUES OF LEGAL REGULATION OF THE LABOR RELATIONS OF PERSONS RECEIVING POSTGRADUATE EDUCATION." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 104–8. http://dx.doi.org/10.15421/391967.
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The article is devoted to covering the issues of legal regulation of employment relations of persons receiving postgraduate education. The analysis of the educational and labor legislation on the state of regulation of the exercise of the right to work by the lifelong learners is made. The positions of scientists on defining the concept of education are given, the forms of postgraduate education are indicated. The use of the term "postgraduate education" has not been proven correct, instead it is suggested to use the concept of lifelong education or adult education instead. It is concluded that in modern Ukrainian conditions, both employers and employees, as well as the state and society as a whole, show interest in the effective development of education throughout life, which is a reflection of the global tendency to increase the importance of education as an important factor of socio-economic development. Emphasis is placed on the importance of labor relations in the aspect of the development of lifelong learning. It is argued that lifelong learning should be understood as an important socio-pedagogical phenomenon that, if developed and approved in the state, can overcome such a phenomenon as unemployment. It is stated that the system of national institutes of formal education is a fundamental source of lifelong learning. Approaches of foreign countries to become a lifelong education institute are analyzed. It is proposed to review the approach currently available in the current labor law and in the draft Labor Code to cover education and labor relations. It is noted that educational- labor relations contain a much larger range of legal regulation issues than just “benefits for workers who combine work with training”. It is noted that lifelong learning becomes the link between the dynamic development of information technology, the emergence of new social relations, the emergence of new forms of employment. It focuses on the need to create a sound synthesis of educational and labor relations in order to ensure a decent standard of living for the population in today's market economy.
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Perera, Binendri. "Achieving the Zenith of Education: Human Rights Based Transformation of Higher Education in Sri Lanka." Asia-Pacific Journal on Human Rights and the Law 18, no. 2 (December 18, 2017): 196–218. http://dx.doi.org/10.1163/15718158-01802004.
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As a country that has ratified core international human rights treaties, Sri Lanka has an international obligation to ensure that its higher education sector meets the standards set out in those treaties. However, due to a lack of normative recognition accorded at constitutional, legislative and policy levels, attempts at conformity with the aforementioned standards have been ad hoc and reactive. Consequently, whereas quality assurance mechanisms pertaining to state institutions are still in formative stages, private educational institutions have sprung up in the country without any effective scrutiny as to quality. The main method of challenging the standards of private institutions has been to reject the graduates from the said institutions. This article explores the parameters of higher education as a state obligation under international human rights law, whereby the state is required simultaneously to be a provider of higher education and a facilitator of other providers to ensure that availability, accessibility, acceptability and adaptability of higher education are upheld. Establishment of a mechanism equipped to make human rights based transformations to the higher education sector of Sri Lanka is suggested to redress the deficiencies in setting standards for private higher educational institutions by the state.
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Sklyarova, Tatiana Vladimirovna. "Additional and Non-Institutional Education of the Russian Orthodox Church in Modern Russia." Siberian Pedagogical Journal, no. 6 (December 29, 2020): 145–50. http://dx.doi.org/10.15293/1813-4718.2006.14.
Full textAbstract:
Problem and purpose. This article analyzes the correspondence of the implemented experiences of educational activities in the parishes of the Russian Orthodox Church to the state regulatory documents governing education. The subject of the research is the educational activity of Sunday parish schools of the Russian Orthodox Church, defined as a set of processes of religious education, educational initiatives, organizational and pedagogical conditions, and administrative and managerial decisions. The problem of the study is due to the revealed contradiction between the mass activity of Sunday parochial schools in modern Russia and the absence in most of them of a license to conduct educational activities. The purpose of the article is to determine the conditions for conducting educational activities, to characterize the types, forms and methods of its implementation, to describe administrative and managerial decisions regarding the existing Sunday parish schools of the Russian Orthodox Church and to correlate them with the existing norms of the Federal Law “On Education in the Russian Federation”. Methodology. The study was carried out on the basis of an analysis of the documents regulating the educational activities of the Russian Orthodox Church and their compliance with the federal legislation of the Russian Federation in relation to the organization and conduct of educational activities. Correlation of the existing experience in the implementation of educational activities of the Russian Orthodox Church with the definitions of formal, non-formal, informal and additional education necessitated the introduction of the concept of “extra-institutional education”. The non-institutional education of the Russian Orthodox Church is characterized as an existing phenomenon, its signs are given. In conclusion, it is concluded that the implementation of extra-institutional forms of education indicates a non-professional approach to the organization of educational activities in the parish institutions of the Russian Orthodox Church.
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Sklyarova, Tatiana Vladimirovna. "Additional and Non-Institutional Education of the Russian Orthodox Church in Modern Russia." Siberian Pedagogical Journal, no. 6 (December 29, 2020): 145–50. http://dx.doi.org/10.15293/1813-4718.2006.14.
Full textAbstract:
Problem and purpose. This article analyzes the correspondence of the implemented experiences of educational activities in the parishes of the Russian Orthodox Church to the state regulatory documents governing education. The subject of the research is the educational activity of Sunday parish schools of the Russian Orthodox Church, defined as a set of processes of religious education, educational initiatives, organizational and pedagogical conditions, and administrative and managerial decisions. The problem of the study is due to the revealed contradiction between the mass activity of Sunday parochial schools in modern Russia and the absence in most of them of a license to conduct educational activities. The purpose of the article is to determine the conditions for conducting educational activities, to characterize the types, forms and methods of its implementation, to describe administrative and managerial decisions regarding the existing Sunday parish schools of the Russian Orthodox Church and to correlate them with the existing norms of the Federal Law “On Education in the Russian Federation”. Methodology. The study was carried out on the basis of an analysis of the documents regulating the educational activities of the Russian Orthodox Church and their compliance with the federal legislation of the Russian Federation in relation to the organization and conduct of educational activities. Correlation of the existing experience in the implementation of educational activities of the Russian Orthodox Church with the definitions of formal, non-formal, informal and additional education necessitated the introduction of the concept of “extra-institutional education”. The non-institutional education of the Russian Orthodox Church is characterized as an existing phenomenon, its signs are given. In conclusion, it is concluded that the implementation of extra-institutional forms of education indicates a non-professional approach to the organization of educational activities in the parish institutions of the Russian Orthodox Church.
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NADRAHA, MARTA. "THE LIBRARY SPHERE IN THE SECOND POLISH REPUBLIC: LEGISLATIVE REGULATION (1923-1939)." Ukraine: Cultural Heritage, National Identity, Statehood 32 (2019): 45–54. http://dx.doi.org/10.33402//ukr.2019-32-45-54.
Full textAbstract:
This article analyzes the legislative provision for the libraries' functioning in the Second Polish Republic in the context of the socio-cultural processes of the interwar period of the 20th century. It is shown that the restoration of Poland (1918) led to a significant modification of cultural and educational processes in Western Ukraine, especially in Lviv, which became one of the centers of spiritual development of the Ukrainians and Poles. The authorities began to use pedagogical libraries, museums, and other educational institutions for national and cultural informing of the population, trying to turn them into an important segment in the complex educational component of educated members of society. This was reflected in the legislation. The author emphasizes that the legislative and regulatory acts of the central government and state administration were extremely important for the functioning of the library sphere. For the functioning of the library sphere, legislative and regulatory acts of the central authorities and government were extremely important. Transcripts of the plenary sessions of the Polish Sejm (Sprawozdania stenograficzne Sejmu Rzeczypospolitej Polskiej), reflecting the specifics of parliamentary debates in the country's supreme legislative body on education and science, are analyzed. The author concludes that the end of the First World War and the Polish-Ukrainian war started a new phase in the development of the library sphere in the Ukrainian ethnic lands of Galicia. During this period, the Polish authorities, due to the separation of the political elite and other domestic and foreign policy factors 1920-1930s, failed to formulate a coherent state concept of library development and focused on the selective tolerance of public libraries, ignoring national minority book collections. Keywords: The Second Polish Republic, library, law, Polish Sejm and Senate.