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Education and Higher Education Legislation: Conflicting Interpretation Acts in Law Enforcement Practice


Publication Date:

Authors : ;

Page : 75-81

Keywords : interpretation act; law enforcement practice; higher education legislation; education legislation;

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Problem setting. The article studies conflicting interpretation acts, evidenced from Commercial courts interpretation of effective education and higher education legislation in Ukraine. Interpretative acts of economic jurisdiction on state and municipal educational institutions property renting have been analyzed. No common legal position of the judicial authorities at application of certain provisions of the current education and higher education legislation as of economic proceedings has been found. Analysis of recent researches and publications. General theoretical aspects of legal norms interpretation have been considered in the works of such prominent scholars as A. S. Pigolkin, O. F. Cherdantsev, V. V. Lazarev, M. I. Matuzov, O. B. Vengerov, M. M. Voplenko, V. S. Nersesyants, P. O. Nedbaylo, L. S. Yavych, M. A. Hredeskul and others. Some aspects of legal regulations interpretation by courts and interpretative acts of the judicial authorities are considered by national scientists and lawyers O. R. Dashkovska, V. M. Koval, L. G. Lichman, O. V. Moskaliuk, L. G. Matveeva, T. S. Podorozhna. Purposes of research. The purpose of this research is a study of conflicting interpretation acts of the current legislation as of educational institutions property renting to develop a theoretical basis for their use in the law enforcement (other legal) practice. Paper objective. The national legislation provides for multisource financing of higher educational institutions of state ownership ? state budget funds, funds of separate branches of economics, state enterprises and surplus earnings. The budgetary code of Ukraine enables the higher educational institutions of state ownership to combine budgetary funding with own earnings, resulting from payment for services, provided by the higher educational institutions under the legislation. Conclusions and prospects for the development. To summarize the above said, we should mention that as far as the basic mark of the legislation is its consistency and integrity, coordination of the above Acts of Ukraine ?About education?, ?About higher education? is only a method to provide a common approach and interpretation of norms as of regulation of issues of higher educational institutions property renting. Besides, we consider that at the present stage of reforming of the legal system of Ukraine and enhancement of the role of judicial precedent, the indicated norms shall be interpreted to the benefit of the state budget and state-funded educational establishments.

Last modified: 2016-10-04 07:20:52