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Monitoring of Legal Regulation of Educational Activities in Terms of Legal Practice in Implementing the “Regulatory Guillotine” in the Field of Education

Journal: Science Governance and Scientometrics (Vol.15, No. 4)

Publication Date:

Authors : ;

Page : 589-626

Keywords : Regulatory guillotine; education; regulatory legal acts; education system; education licensing; accreditation; educational standard; control and supervision;

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Introduction. At present, there are a large number of obsolete regulatory requirements, including those dating back to the USSR. The President and the Government of the Russian Federation decided to implement the “regulatory guillotine”, within the framework of which, by 1 January 2021, the totality of regulations imposing mandatory requirements must be replaced by new ones, including in the field of education. This goal requires the monitoring of existing laws, identifying their particularities, possible conflicts and gaps. Monitoring Tools. The authors of the paper applied methods of analysis, scientific and regulatory material analysis and synthesis as well as formal and legal, systemic and structural, functional, specific and sociological methods and the method of interpreting legal norms. The object of the study was the decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, orders of the Ministry of Education and Science and the Ministry of Education of Russia as well as regulatory legal acts of other federal executive bodies adopted on the basis of the federal law on education. Results. The system of legal regulation of education is a structured system of acts of varying legal force, regulating a wide range of public relations. The monitoring results of this legal framework are systematised and presented in a table. Based on the analysis of the data obtained, the following suggestions are made: 1) to merge Order No. 462 of the Russian Ministry of Education and Science dated 14 June 2013 and Order No. 1324 of the Russian Ministry of Education and Science dated 10 December 2013 regulating the field of self-evaluation of educational organisations; 2) to merge Order No. 844 of the Ministry of Education and Science of Russia dated 28 July 2014 and Order No. 1304 of the Ministry of Education and Science of Russia dated 3 October 2014 regulating public relations in the field of granting foreign citizens and stateless persons the right to obtain various levels of education; 3) in terms of defining the measures of state support for students and postgraduate students in higher professional education institutions – to incorporate Presidential Decree No. 1556 of 16 November 1996 into Presidential Decree No. 443 of 12 April 1993; 4) to merge Presidential Decree No. 1198 of 14 September 2011 and Presidential Decree No. 181 of 13 February 2012 establishing scholarships for undergraduate and postgraduate students; to create a new act regulating the procedure for granting state academic scholarships and/or state social scholarships to students. Conclusion. Improvement of the abovementioned specific laws will qualitatively improve the legal regulation of certain aspects of education in the Russian Federation, which will contribute to better legal regulation of the education sector as a whole. The results of the study will also be helpful to lawyers and academics who apply the legislation governing the education system in their professional or academic work.

Last modified: 2021-01-14 07:04:28