L.I. MYSKIV, Candidate of Law Science, Associate Professor of the Department of International Law and Comparative Jurisprudence Kyiv International University
Сущность и генезис нормативно-правового обеспечения управления высшим образованием Украины в период 1991—2012 гг.
В исследовании предлагается ознакомиться с анализом положений ряда нормативно-правовых актов Украины в сфере образования, часть которых имеет программный и концептуальный характер, также по мнению автора, имеют определяющее значение и раскрывают сущность управленческих процессов становления высшего образования Украины, как в период их принятия так и по сей час.
Ключевые слова: высшее образование, нормативно-правовое обеспечение, постановление, указ, распоряжение, система образования.
The research is propose to read analyzes of thesis of a number of regulatory legal acts of Ukraine, part of which has program or conceptual nature. As the author says it has determining significance and reveal the essence of management processes in the formation of education of Ukraine, like in the period of their acceptance, till nowadays.
Keywords: higher education, regulatory support, resolution, order, system of education.
Formation and evolution of higher education in Ukraine were accompanied by acceptance of the row of regulatory acts. The Law of Ukraine ‘On Education’ of 23.05.1991 was the first step on a way to find solutions on problems and disadvantages of post-Soviet education system. At a first time for a few centuries Ukraine independently identified a main principles of education system, without being ruled by another country. There were established education authorities and their powers. To the list of high schools were included: technical schools, colleges, institutes, conservatories, academies, universities and etc. Norms about an autonomy of high schools were consolidated. The Law ‘On Education’ became a basis for further activity of the Ministry of Education in development of the concept of level education and training personnel.
June 1, 1992 the Government of Ukraine approved the «Regulations on the accreditation of higher education institutions» by its resolution1. Four years later, the Cabinet of Ministers of Ukraine, accept the Resolution «On Licensing, certification and accreditation of educational institutions» (12 February 1996), which terminates the foregoing provision and afterwards approved a number of other provisions, such as: «Regulations on the accreditation of higher education institutions’ «Regulations on the State Accreditation Commission,»2. And their activity was terminated, and they have been replaced with the «Regulations on the accreditation of higher education institutions and professions in higher education and higher professional schools» on August 9, 2001 and «Regulations on the accreditation committee» on 29 August 2003, which is valid till nowadays. The procedure of accreditation and challenging the Commission’s decision, the rights and obligations of the institution on the results of accreditation expertise, funding, accreditation are determined by provisions. «Regulations on the accreditation committee» on 29 August 2003 established that the Accreditation Committee is a permanent collegial body that provides compliance with the requirements for licensing, certification and accreditation of higher, vocational and postgraduate education, enterprises, institutions and organizations for directions (specialties) and occupational training and retraining of Postgraduate Education3. Accreditation Commission as a Department of Higher Education has a significant impact on the development of the national higher education system, improving its quality and compliance with the urgent needs of the state and society.
Since 1993, the Government of Ukraine adopted several regulations for improving the network of higher education institutions on the basis of which were formed, liquidated and reorganized a number of universities and some university faculties. In particular, these regulations are: CMU Resolution «On improving the network of higher education institutions» from August 13, 19934, «On improving the network of higher education institutions» from August 29, 19945 «On improving the network higher and vocational education institutions, «from May 29, 1997»6 On the reorganization of higher education and research institutions of the Ministry of the Interior «on September 8, 2005»7 On measures to optimize network higher military institutions and military training units of higher education institutions «on May 26, 2005,»8 On improving the network of higher educational institutions of the Ministry of the Interior «on February 22, 2008»9 On measures on further optimization of high military education and military training units higher education «on November 7, 201210, CMU Order «Some aspects of organizing a network of higher education» on June 15, 200611.
Besides, a significant place in the formation and development of higher education system have played and continue to play a different kind of program, planning and concept papers, which reflected the priorities, directions and aspirations of national education policy. First of all, we should mention the Congress of the teachers of Ukraine, which was approved by the State National Program «Education. Ukraine XXI century». This program was approved by the Cabinet of Ministers «On the State National Program «Education»(«Ukraine XXI Century»)»12 on November 3, 1993. Together with identifying issues and directions for reform of a higher education in the Program were determined the ways of its implementation.
In the Decree of the President on September 12, 1995 «The Principles of Higher Education Reform in Ukraine», which approved the main directions of the reform of higher education in Ukraine was reflected the logical extension of the reform of higher education. It was in a deep crisis. Lacked funds. There was an outflow of teachers and teaching personnel. Interest in acquiring basic education was falling. Requirements for education, general culture were dramatically reduced, there were not enough textbooks, manuals and other means of teaching. To implement overcome problems the President ordered competent authorities to develope and implement a number of measures aimed at understanding the needs of the state for specialists of relevant qualifications; potential evaluation of higher education and human resources in the regions (oblasts), to improve network HEIs; to solve problems with material and financial support of universities, improving the quality of university education, separately for the development of various programs, criteria and classifications.
Next significant document of conceptual importance is the National Doctrine of Education Development, was approved April 17, 2002 by the President13. At the 2002, the Level and quality of education in Ukraine stood behind the world’s indicators, and they couldn’t meet state’s and society’s needs. Backwardness of the national education system in compare with world’s globalization and informational technology trends was the main problem. These and other problematic aspects of Ukrainian education became the basis for the development and acceptance of this foregoing doctrine. It became the legal act, which in the most general form consolidated priority areas of state policy about education in general and about higher education in particular. The doctrine determined position of the state in ensuring development of education in its national character and necessity in developing an educational system on national and cultural values of the Ukrainian people, the importance of education for the coherent implementation of language strategies to connection education with the formation of civil society in Ukraine, science, information technology, physical education, and health of youth, the questions of financial support for education and more.
The beginning of 2004, the President of Ukraine to further development and improvement of higher education, and considering the European integration processes in the education sector, emits a decree «On measures to improve higher education in Ukraine»14. The President obligated by this decree Government of Ukraine to develop and implement a number of measures in the field of higher education, in particular to formulate and accept State Program of Higher Education for 2005—2007, providing, measures to improve the system of higher education, organizing networks of higher education institutions taking into account national and regional needs for specialists with higher education in the three months to create an interagency commission to study aspects of the Bologna process and make proposals in due course on the participation of Ukraine in it.
As about the creation of the Interdepartmental Commission on the Bologna Process, its creation and operation are regulated by CMU’s Resolution «On establishment of the Interdepartmental Commission on Ukraine’s participation in the Bologna Process» on August 25, 200415 and was replaced by Decree «On establishment of the Interagency Commission in support of the Bologna Process in Ukraine «dated February 1, 200616. Commission within its authority considered the draft regulations on the modernization of system of higher education and made in the established procedure to the Cabinet of Ministers of Ukraine the proposals, participated in the development and implementation of measures aimed at ensuring the participation of the national system of higher education in the Bologna Process, coordinated activities of ministries and other central executive bodies, that that are subordinate to institutions of higher education, on Ukraine’s participation in the Bologna process; considered the information at its meetings of representatives of central executive bodies.
In July 2006, the Cabinet of Ministers of Ukraine issues orders that approves the Concept of State Programme of Education for 2006—2010. The program sets the ways of solving problems in the education system in order to achieve their goals. Directly in higher education are necessary to the implementation of the following tasks: variability of a quality of higher education, ensuring access to quality higher education and mobility of graduates, the introduction of flexible educational programs and information technology training, improve a network of higher education institutions, the establishment of national education and research infrastructure, intensification of fundamental and applied research in universities and research institutions, introduction of scientific results in the educational process, the formation of educational content based on the latest scientific and technological achievements, the optimal funding of research in higher education and support national scientific publications17.
The last few years the main program documents that reinforce the conceptual position in the formation and development of higher education is the Program of Economic Reforms for 2010—2014 «Prosperous Society, Competitive Economy, Effective State» on June 2, 2010, CMU Resolution «On approval of the plan measures for the development of higher education in 2015 «dated August 27, 2010, Presidential Decree» On measures to ensure the priority development of education in Ukraine « Ukraine on September 30, 2010.
The program of economic reforms «Prosperous Society, Competitive Economy, Effective State» reform in education is recognized as one of the conditions for the effective implementation of economic reforms in the country. According to the author of the program, the main problems in education are: lack of quality education with modern requirements, ineffective mechanism for state funding of education, growing disparities between training and demand for skills in the labor market, the lack of a unified educational space18. For eliminating the mentioned disadvantages and factors, the government of the country have following objectives: to create a unified educational space, to improve the system of education management, improve the quality of education, provide access to quality education, continuity of levels of education, increase the effectiveness of education funding.
Quite thorough and informative regulatory document for the improvement of the national system of higher education was the Action Plan for the development of higher education in 2015, approved by CMU19. A month after the approval of the Government the Action Plan for Higher Education, the President issued a decree «On measures to ensure priority development of education in Ukraine» dated 30 September 201020. In which he stresses on the need to: improve the structure of education, granting a real autonomy the the leading higher education institutions as a means of improving the quality of higher education; the introduction of competition and responsibility for results; optimization of universities and their significance, create expanded regional universities, enhancing integration education, science, industry, research and innovation in components of higher education.
Analysis of provisions of normative acts that reveal the genesis of administrative processes in higher education for 20 years, Ukraine can talk about the range of issues Ukrainian higher education, which covers each of the above-mentioned policy documents, by their nature, are also among those same throughout the existence of an independent Ukraine, adding or changing in some respects. Almost all of these (doctrines, programs, concepts) somehow indicates that: in Ukraine lack of quality in higher education, imperfect network of higher education institutions, inefficient system of high school, problems with the financial support of universities; discrepancy of Ukrainian higher education European standards and so on. In addition, these programs and concepts set out quite thorough and real solutions of the aforementioned problems and elimination of factors.
An important aspect in the development of education was the adoption of an independent Ukraine January 17, 2002 Law «On Higher Education»21 which was aimed at regulating social relations in the field of training, education, training citizens of Ukraine. Law «On Higher Education» strengthened and systematized a number of provisions that were still scattered in the content, or different regulations, or they have not been shown. In particular, the law provided an official interpretation of key terms used in the field of higher education («higher education», meaning higher education, higher education, etc.), formulated the principles of state policy in general and her ways of implementation, defined the structure of higher education disclosure of each educational and qualification level, reflected issues of government, industry, higher education and higher education institutions; defined management system in higher education and secured a list of which it is carried out, certain provisions of the law dedicated purpose, objectives and the legal status of universities , highlighted the creation, liquidation, licensing and accreditation of schools established types of HEIs were determined units of higher education, and so on.
In summary, we note that after the independence of Ukraine, one of the problem areas was higher education, because Ukraine has inherited from the Soviet Union not only higher education system as a set of higher education institutions. Created Soviets centralized mechanism of higher education was not flexible and not effective in the market conditions and greatly lagged behind of those that were existed in the developed European countries at that moment. It is clear that the regulatory framework that regulates the functioning of the Soviet system of higher education is also not consistent with the urgent needs of the young independent state.
Gradually, over several years, Ukraine has overcome legal mess in education. Having a number of regulations, established administrative and legal basis for the establishment and development of national systems of higher education. At intervals of several years developed and accepted software and conceptual (doctrinal) documents forming the prospects of the sector. However, despite the fact that Ukraine has more than 20 years develops its own system of higher education, a significant range of shortcomings have not been overcome, including: the quality and level of education is still not up to European standards; university network needs improvement and upgrading of the mechanism of higher education is no unity and consistency, which in turn makes it impossible to create a single educational space; government funding of education are at the level of European states, but the use of funds is irrational and inefficient, and so on. It should be emphasized that a thorough analysis and processing needs legal framework of higher education, which now includes a small number of laws, however vast range of secondary legislation, such as: decrees, regulations, decrees, orders, etc., which are often overlapping, and sometimes contradictory.
1 Presidential Decree «On main directions of the reform of higher education in Ukraine» dated 12.09.1995 № 832 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/
2 Resolution of CMU «On Licensing, certification and accreditation of educational institutions» from 12.02.1996, N 200 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/200- 96 -% D0% BF
3 CMU Resolution «On licensing of educational services» from August 29, 2003 № 1380 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
4 CMU Resolution «On improving the network of higher education institutions» from August 13, 1993 N 646 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
5 Postanova Ministers «On Improving the network of higher education» on August 29, 1994 N 592 / / [Electronic Resource] — Mode of access: http://zakon.nau.ua/doc/
6 CMU Resolution «On Improvement of Higher and vocational education», from May 29, 1997 N 526 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show/
7 CMU Resolution «On reorganization of higher education and research institutions of the Ministry of the Interior» on September 8, 2005 N 880 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show /
8 CMU Resolution «On measures on further optimization of higher military education and military training units higher education» on November 7, 2012 № 1020 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
9 CMU Resolution «On improving the network of higher educational institutions of the Ministry of the Interior» on February 22, 2008 N 77 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show/
10 CMU Resolution «On measures on further optimization of higher military education and military training units higher education» on November 7, 2012 № 1020 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua / laws / show /
11 CMU «Some aspects of organizing a network of higher education» on June 15, 2006 № 331 / / [Electronic Resource] — Mode of access: http://ua-info.biz/legal/basext/ua-dmtaut.htm
12 Resolution of CMU «On the State National Program» Education ‘(‘ Ukraine of the XXI century «)» from 03.11.1993 № 896 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/ show/896-93-p
13 Ukaz President of Ukraine «On the National Doctrine of Education Development» from 17.04.2002 № 347 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/347/2002
14 President of Ukraine Decree «On measures to improve the system of higher education in Ukraine» dated 17.02.2004 № 199 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show/
15 CMU Resolution «On establishment of the Interdepartmental Commission on Ukraine’s participation in the Bologna Process» on August 25, 2004 N 1131 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show/
16 CMU Resolution «On the establishment of the Interdepartmental Commission for the support of the Bologna Process in Ukraine» dated February 1, 2006 N 82 / / [Electronic Resource] — Mode of access: http://zakon1.rada.gov.ua/laws/show/
17 CMU Resolution «On Approval of the Concept of the State Program of Education Development for 2006—2010» dated July 12, 2006 N 396 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
18 Economic reform program for 2010—2014 «Prosperous Society, Competitive Economy, Effective State» on June 2, 2010 / / [Electronic Resource] — Mode of access: http://www.president.gov.ua/docs/
19 CMU Resolution «On approval of a plan for the development of higher education in 2015» dated August 27, 2010 N 1728 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/; Conceptual framework and direction of higher education in Ukraine / / clarifying Minh `yustu Ukraine from 14.10.2011 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
20 President of Ukraine Decree «On measures to ensure the priority development of education in Ukraine» dated 30 September 2010 N 926 / / [Electronic Resource] — Mode of access: http://zakon2.rada.gov.ua/laws/show/
21 On Higher Education: The Law of Ukraine on January 17, 2002 [electronic resource]. — Mode of access: http://mon.gov.ua/