LEGAL RESTRICTIONS IN THE LEGAL REGULATION OF EDUCATIONAL SERVICES

Abstract

The article considers the concept of licensing on the basis of existing theoretical approaches as a general category and formed its own concept of licensing. Despite the large number of works devoted to the study of licensing in the field of educational services, in the legal literature to date has not formed a full definition of this concept. The purpose of the article is to identify and analyze legal restrictions in the legal regulation of educational services. Realization of the set purpose provides the decision of a number of tasks: 1) To investigate historical development of legal restriction in legal regulation of educational services; 2) Define the concept of licensing of educational services; 3) Analyze the legal regulation of legal restrictions in the legal regulation of educational services. Scientific novelty. Having researched scientific views on this issue, the actual generalizing definition of licensing of educational services was given. Its active development of educational activities begins in 1991 with the formation of a system of educational activities and the accreditation of higher education institutions. The experience of conducting educational activities in Germany and Australia is considered and the introduction of certain provisions into national legislation is proposed. It was found that the main legal act governing the licensing of economic activities is the Law of Ukraine “On licensing of economic activities” and the Law of Ukraine “On Higher Education”, which regulates the implementation of educational activities. The above laws provide the concept of licensing, as well as an exclusive list of economic activities. The state regulatory policy in the field of education is based on and must comply with the principles established by the Law. The laws of Ukraine stipulate that the Ministry of Education and Science of Ukraine is the specially authorized body for licensing in the field of education, and it is it that creates the Expert Appeal Board for Licensing. This body collectively considers violations and complaints of violations of licensing legislation. Regulations establish a list of documents and requirements for them that must be provided in order to obtain a license. The result may be a refusal to issue a license, which must establish the circumstances of such refusal and its justification, the Applicant may appeal the refusal, as well as eliminating all deficiencies to apply again. The study allowed us to conclude that today there is a need for further research on the licensing of educational activities and its practical effectiveness.