Economic and legal regulation of educational services.

Abstract

Section 1 "General theoretical provisions on economic and legal regulation of educational services" provides educational services "the main stages of formation of educational services as a legal category: the period of Kievan Rus (mention of education in the laws of Monomakh, Byzantine-Russian agreements, the emergence of educational services emergence of the first educational institutions), periods of Ukrainian lands in the Russian, Austrian empires, the Kingdom of Hungary (specification of the content of educational services, diversification of their types due to the emergence of university-type higher education institutions), Soviet period (specification of the content of educational services at different levels of education); period of independence of Ukraine (consolidation at the legislative level of the definition of educational services and its qualitative dimensions).

Section 2 "Characteristics of economic and legal regulation of educational services" clarifies the provisions on the status of subjects of educational services with the justification that they are business entities of any organizational and legal form and form of ownership, which have a set of economic rights and responsibilities, which forms the scope of economic competence. The types of subjects of providing educational services are specified: 1) educational institutions for which the provision of educational services is the main type of economic activity, including educational institutions of foreign countries; 2) other legal entities - enterprises, institutions, organizations, natural persons-entrepreneurs who do not have the status of an educational institution; 3) separate subdivisions of educational institutions, including educational institutions of foreign states. It is specified that the implementation of the principle of autonomy of educational institutions in the context of economic and legal regulation of educational services requires focusing on the implementation of economic competence of educational institutions based on independence, autonomy and responsibility in making business decisions. The conditions for the provision of educational services have been refined with the justification that the defining condition for the provision of these services in formal and non-formal education is the identification in the form of state registration of the business entity.

Section 3 "Economic and legal liability of subjects of educational services" summarizes the legal and factual grounds for the occurrence of economic and legal liability of subjects of educational services: legal grounds are the provisions of current legislation and/or contracts for the provision of educational services; factual – illegal actions to provide educational services in the absence of legal grounds for carrying out this activity; non-compliance of the business entity's activity with the licensing conditions of educational activity; non-performance or improper performance of the contract for the provision of educational services and others. It is established that violation of the requirements for the quality of educational services is the most difficult reason for the application of economic and legal liability due to the lack of materialized content of educational services, subjective perception of their quality, quality dependence on both the subject and consumer of such services. 3 taking into account this, it is proposed when specifying the contract for the provision of educational services to specify the requirements for the quality of educational services by establishing specific parameters for measuring quality or indicators of quality compliance with a certain level of education.