Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


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Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
342.951
EDN: 
AMWGFU

Governing relations in the structure of the mechanism of administrative legal regulation in the sphere of higher education

Autors: 
Rukavishnikov Sergei Mikhailovich, Saratov State Law Academy
Abstract: 

Introduction. In conditions of reforming higher school, developing public relations and extending the market of educating services, the relevant governing relations acquire more complex nature, which requires the comprehensive analysis of the activity of both the bodies of executive power and education institutions in their cooperation. Theoretical analysis. The broad diversity of the theoretical approaches to the understanding of the governing relations in the sphere of higher education and legal relations at universities, and specific features of cooperation between the participants of such relations enables the author to make a number of analogies with service relations. Empirical analysis. The author revealed that the disciplinary legal relations of positive type in the sphere of higher education determine the enhancement of efficiency of the public administration in the sphere of higher education. Results. The multiplicity of administrative legal relations in the sphere of higher education causes the terminological ambiguity in certain issues of the realization of the education programs of higher education. The content of these programs are currently not determined legislatively as providing state services. The existing approach to the legal regulation of control and supervisory relations in the relevant sphere has to be reviewed.

Reference: 
  1. Serkov P. P. Administrative Legal Relations. Courier of Kutafi n Moscow State Law University (MSAL), 2019, no. 6, pp. 49–64 (in Russian). https://doi.org/10.17803/2311-5998.2019.58.6.049-064
  2. Lapina M. A., Ruchkina G. F. (eds.) Administrativnoe pravo. Administrativnyi protsess [Administrative Law. Administrative Process]. Moscow, Yustitsiya Publ., 2022. 578 p. (in Russian).
  3. Slyusarev D. S. Actual problems of organizational and managerial legal relations. Humanities, Socio-economic and Social Sciences, 2018, no. 4, pp. 155–157 (in Russian).
  4. Spasskaya V. V. Educational relationship as a system: Structure and interaction of elements. Sovremennoe pravo [Modern Law], 2006, no. 8, pp. 72–75 (in Russian).
  5. Tytskaya Ya. A. Educational legal relations as key relations in the system of education. Nauka. Society. State: Electronic Scientific Journal, 2013, no. 1 (1), pp. 219–226 (in Russian).
  6. Belsky K. S. Management of the pedagogical process in a law school. Gosudarstvo i pravo [State and Law], 2009, no. 8, pp. 14–23 (in Russian).
  7. Syrykh V. M. Vvedeniye v teoriyu obrazovatel’nogo prava [Introduction to the Theory of Educational Law]. Moscow, Gotika Publ., 2002. 340 p. (in Russian).
  8. Bestaeva I. M. Legal aspects of formation of the educational right as independent legal branch of Russia. Business in Law, 2011, iss. 4, pp. 75–78 (in Russian).
  9. Stakhov A. I., Kononov P. I. Ispolnitel’noye administrativno-protsessual’noye pravo [Executive Administrative Procedural Law]. Moscow, Yurayt Publ., 2022. 373 p. (in Russian).
  10. The procedure for conducting state fi nal certification for educational programs of secondary general education, approved. Order of the Ministry of Education of Russia no. 190, Rosobrnadzor no. 1512 November 7, 2018 (an edition of March 16, 2021). Ofitsial’nyi internet-portal pravovoy informatsii (Official Internet portal of legal information). Available at: http://www.pravo.gov.ru (accessed 12 September 2022) (in Russian).
  11. On the approval of the Regulations on the Ministry of Science and Higher Education of the Russian Federation and the invalidation of certain acts of the Government of the Russian Federation. Decree of the Government of the Russian Federation No. 682 of 15.06.2018 (an edition of 1.04.2022). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2018, no. 26, art. 3851; 2022, no. 15, art. 2481 (in Russian).
  12. On Amendments to the Federal Law “On Education in the Russian Federation”. Federal Law 295-FZ of 14.07.2022. Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2022, no. 29 (pt. III), art. 5262 (in Russian).
  13. On Education in the Russian Federation. Federal Law 273-FZ of 29.12.2012 (an edition of 5.12.2022). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2012, no. 53 (pt. I), art. 7598; 2022, no. 29 (pt. III), art. 5262 (in Russian).
  14. Explanatory note to the draft Federal Law 105337-8 “On Amendments to the Federal Law “On Education in the Russian Federation”. State Duma of the Federal Assembly of the Russian Federation. Site. Available at: https://sozd.duma.gov.ru/bill/105337-8 (accessed 1 September 2022) (in Russian).
  15. On the system and structure of federal executive bodies. Decree of the President of the Russian Federation no. 314 of 9.03.2004 (an edition of 20.11.2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2004, no. 11, art. 945; 2020, no. 47, art. 7508 (in Russian).
  16. Ozhegov S. I., Shvedova N. Yu. Tolkovyi slovar’ russkogo yazyka: 80 000 slov i frazeologicheskikh vyrazheniy [Explanatory Dictionary of the Russian language: 80,000 Words and Phraseological Expressions]. 4th ed., supplemented. Moscow, LLC “A TEMP”, 2006. 944 p. (in Russian).
  17. Kuznetsova S. A. (ed.) Bol’shoy tolkovyi slovar’ russkogo yazyka [Large Dictionary of Russian Language]. St. Petersburg, Norint Publ., 2000. 1536 p. (in Russian).
  18. On the organization of the provision of state and municipal services: Federal Law 210-FZ of 27.07.2010 (an edition of 30.12.2021). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2010, no. 31, art. 4179; 2022, no. 1 (pt. I), art. 18 (in Russian).
  19. Glazunova I. V. Formation of methods of legal regulation in the process of administrative reforms. Pravovaya politika i pravovaya zhizn’ [Legal Policy and Legal Life], 2022, no. 2, pp. 65–74 (in Russian). https://doi.org/10.24412/1608-8794-2022-2-65-74
  20. Manokhin V. M. Administrativnoe pravo Rossii [Administrative Law of Russia]. Saratov, IP Er Media, 2010. 266 p. (in Russian).
  21. Rossinsky B. V. Modern understanding of the subject administrative law. Pravovaya politika i pravovaya zhizn’ [Legal Policy and Legal Life], 2021, no. S3.1, pp. 37–43 (in Russian). https://doi.org/10.24412/1608-8794-2021-3-37-43
  22. Bakhrakh D. N. Peculiarities of disciplinary liability as a type of legal liability. Sovremennoe pravo [Modern Law], 2008, no. 10, pp. 40–41.
  23. On establishing requirements for students studying full-time at the expense of budget allocations from the budgets of the constituent entities of the Russian Federation and local budgets, who are assigned a state academic scholarship. Order of the Ministry of Education and Science of the Russian Federation no. 139 of 25.02.2014. Rossiiskaya gazeta [Russian Newspaper], 2014, March 14 (in Russian).
  24. On approval of the Procedure and cases of transition of persons studying in educational programs of secondary vocational and higher education from paid education to free education. Order of the Ministry of Education and Science of the Russian Federation no. 443 of 06.06.2013 (an edition of 07.04.2017). Rossiiskaya gazeta [Russian Newspaper], 2013, July 25; Available at: http://www. pravo.gov.ru (accessed 12 September 2022) (in Russian).
  25. On the establishment of nominal scholarships for cadets and students of federal state educational organizations of higher education of the Federal Penitentiary Service. Order of the Federal Penitentiary Service no. 328 of 23.06.2014. Rossiiskaya gazeta [Russian Newspaper], 2014. August 20 (in Russian).
  26. Matuzov N. I., Malko A. V. (eds.) Pooshchritel’nye sanktsii v prave: obshcheteoreticheskiy i otraslevoy aspekty [Incentive Sanctions in Law: General Theoretical and Branch Aspects]. Moscow, Yurlitinform, 2016. 400 p. (in Russian).
  27. Konin N. M. Administrativnoe pravo Rossii [Administrative Law of Russia]. 2nd ed., rev. and add. Moscow, Prospekt Publ., 2010. 448 p. (in Russian).
  28. Dergunov A. A. Accreditation Activity as a Direction of State Control and Supervision in the Field of Education In: Sokolov A. Yu. (ed.) Publichnaya vlast’: real’nost’ i perspektivy [Public Authority: Reality and Prospects. Proceedings of the III Saratov Administrative and Legal Readings (International Scientifi c and Practical Conf.) (Saratov, September 28–29, 2017). Saratov, IP Koval Yu.V., 2017, pp. 129–132 (in Russian).
  29. Training of personnel and scientific research in the field of medicine discussed at the Ministry of Health of Russia. Ministry of Education and Science of the Russian Federation. Available at: https://minobrnauki.gov.ru/press-center/news/novosti-ministerstva/41790/ (accessed 7 September 2022) (in Russian).
Received: 
22.10.2022
Accepted: 
02.12.2022
Published: 
01.03.2023