LEGAL ASPECTS IN THE FIELD OF GOVERNANCE OF HIGHER EDUCATION IN UKRAINE

The article deals with the legal aspects of management of higher education in Ukraine and proposals how to improve its legislative regulation. There are the two components in the structure of governance higher education — state and public. It is claimed that the system of public administration in higher education has a hierarchical organization and onsists of a higher, central and regional levels. Analyzes powers the main body in the system of central executive bodies which form and implement state policy in the field of education — Ministry of Education and Science of Ukraine. Attention is focused on the management and right providing of the Ministry of Education and Science of Ukraine. Demonstrate the necessity of decentralization management in the field of higher education by redistribution powers between the central executive body in the field of education and science, local education authorities and educational institutions. Shows the experience of decentralization higher education in European countries. Analyzes the educational legislation of Austria, Germany, UK, Spain and France. Proves that Ukraine's current system of education in the local authorities does not meet the needs of time. The downside is that in the Law of Ukraine «About Education» not demarcated powers of local authorities and local authorities in education, what creates «competition of competencies», reduces the level of responsibility and effectiveness of their activities. Indicates to the need for a clear distinction and legislative consolidation of powers between local authorities and local self-government in education. Substantiates needs of develop and normalization public control in education. Proposes in the new Law of Ukraine «About Education» regulate in detail the concept, types of public control, Define the powers of the state and public control in education. Emphasizes the role and importance of public authorities in the management of higher education institutions. Indicates the need providing full implementation by the public authority's powers in higher education by guaranteeing their activities by the Ministry and public.