Legal support of the system of state control in the process of educational governmental order
Keywords:
Education; educational governmental order; state control; public administration; legal regulation; administrative and financial law.
Abstract
The purpose of the research is to determine the sufficiency of the system of state control of the state needs when implementing an effective educational governmental order as the main instrument for ensuring the constitutional right of citizens to free education in Ukraine. The methodological basis of the research is the positivistic theory of law and functionalism. Hermeneutical and normative and analytical methods were used to find out the content of sources of legal regulation of educational governmental orders; methods of forecasting, legal modeling and analogy of the law contributed to the development of proposals for improving current legislation. The results of the research showed that the system of state control over the process of implementing the educational governmental order in Ukraine is not formed yet. The results of the analysis of legislation showed that indirect control in this field is provided only by special financial control bodies to verify the effectiveness of using budget funds in the process of educational governmental order. The work demonstrates systemic violations that have been identified by the supervisory authorities for five years in this field. In order to prevent violations of the law in the field of educational governmental order, as well as to form an effective system of state control at all stages of governmental order, it is proposed to empower the key authorities with appropriate control functions and powers. On the basis of the gaps in law the regulation of control activities that were found in modern legislation, for efficient solution of problems (before the drafting and adoption of the relevant legislative changes by the Parliament) it is considered rational to take as a basis provisions of general norms of legislative acts, which regulate allied legal relations, namely in the field of governmental order.
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References
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CMU (Cabinet of Ministers of Ukraine). (2013). Resolution: Methodical calculation of the indicative average cost of training one skilled worker, specialist, graduate student, doctoral student, dated May 20, 2013, No346. Uriadoviy kurier, 92/2013.
CMU (Cabinet of Ministers of Ukraine). (2015a). Decree: About Approval of the Regulation on the State Treasury of Ukraine, dated April 15, 2015, No. 215. Official Bulletin of Ukraine. 33: 964.
CMU (Cabinet of Ministers of Ukraine). (2015b). Resolution: About the state order for the training of specialists, scientific, scientific and pedagogical and labor personnel, for the improvement of professional skills and retraining of personnel for state needs in 2015, dated July 1, 2015, No. 462. Official Bulletin of Ukraine. 2015, 55: 45.
CMU (Cabinet of Ministers of Ukraine). (2016). Decree: About Approval of the Regulation on the State Audit Office of Ukraine, dated February 3, 2016, No. 43. Official Bulletin of Ukraine. 2016, 12: 506.
CMU (Cabinet of Ministers of Ukraine). (2017). Resolution: About the state order for the training of specialists, scientific, scientific and pedagogical and working personnel, for the improvement of professional skills and retraining of personnel in 2017, dated July 12, 2017, No. 511: URL: https://zakon.rada.gov.ua/laws/show/511-2017-%D0%BF
CMU (Cabinet of Ministers of Ukraine). (2018). Resolution: About the state order for the training of specialists, scientific, scientific and pedagogical and working personnel, for the improvement of professional skills and retraining of personnel in 2018, dated July 11, 2018, No. 556: URL: https://zakon.rada.gov.ua/laws/show/556-2018-%D0%BF
Grinkevich, O. (2018). Management of the Competitiveness of Higher Education of Ukraine (methodology of analysis and monitoring system). (Unpublished doctoral dissertation). Lviv National University named Ivan Franko, Lviv.
Grishchuk, A. (2016). Administrative-legal regulation of vocational training of civil servants in the conditions of administrative reform in Ukraine. (Unpublished doctoral dissertation). Lviv University of Business and Law, Lviv.
Gubanova, T. (2018). Administrative and legal basis of organization and functioning of colleagues. (Unpublished doctoral dissertation). Uzhhorod National University, Uzhhorod.
Kocharyan, I. (2016). Macroeconomic planning in the management system of higher education of Ukraine. (Unpublished doctoral dissertation). Poltava University of Economics and Trade, Poltava.
Lytvyn, I. (2016). Administrative-legal relations in the field of providing educational services. (Unpublished doctoral dissertation). Zaporizhya National University, Zaporizhya.
MEDTU (Ministry of Economic Development and Trade of Ukraine). (2014). Order: About approval of the submission of information on the indicative average cost of training for one qualified worker, specialist, post-graduate student, doctoral student, and student, dated December 4, 2013, No. 1429. Official Bulletin of Ukraine, 8: 266.
Pyvovar, I., Pyvovar, Y. (2018). The State and Prospects of Implementation of the Right to Higher Education (PhD, DSc) for Sentenced to Imprisonment in Ukraine. Advanced Science Letters, 24 (11): 8395-8398. DOI: https://doi.org/10.1166/asl.2018.12572
Pyvovar, Y., Pyvovar, I., Iurynets, J. (2018). A Legal and Organizational Prospects for Improvement the Placement Process of the State Order for Specialists Training. International Journal of Engineering & Technology (UAE), 7(3.30): 274-279 DOI: http://dx.doi.org/10.14419/ijet.v7i3.30.18259
Rabinovich, P.M., Khavronyuk, M.I. (2004). Human and citizen rights. Kyiv: Atika.
Savischenko, V.M. (2016). Organizational and legal support of education and science in Ukraine. (Unpublished doctoral dissertation). Dnipropetrovsk State University of Internal Affairs. Dnipro.
Verbitskaya, A.V. (2017). Improvement of the state policy in the field of higher education of Ukraine in the context of integration into the European educational and scientific space. (Unpublished doctoral dissertation). Chernigiv National Technological University, Chernigiv.
VRU (Verkhovna Rada of Ukraine). (1993). Law of Ukraine: About the Antimonopoly Committee of Ukraine, dated November 26, 1993, No. 3659-XII. Information from the Verkhovna Rada of Ukraine. 1993, 50: 472.
VRU (Verkhovna Rada of Ukraine). (1995). Law of Ukraine: About state order for the satisfaction of priority state needs, dated December 22, 1995, No 493/95-VR. Information from the Verkhovna Rada of Ukraine. 1995, 3: 9. [has expired].
VRU (Verkhovna Rada of Ukraine). (2011). Law of Ukraine: About peculiarities of procurement of unpolluted fuel cells (tvols) for nuclear reactors, dated December 9, 2011, No. 4101-VI. Information from the Verkhovna Rada of Ukraine, 28: 307.
VRU (Verkhovna Rada of Ukraine). (2012a). Law of Ukraine: About implementation of the programs of the Global Fund to Fight AIDS, Tuberculosis and Malaria in Ukraine, dated June 21, 2012, No. 4999-VI. Information from the Verkhovna Rada of Ukraine. 2013, 19-20: 187.
VRU (Verkhovna Rada of Ukraine). (2012b). Law of Ukraine: About the peculiarities of the procurement of public funds for postal services, stamps and marked envelopes, dated June 21, 2012, No. 4997-VI. Information from the Verkhovna Rada of Ukraine, 19-20: 185.
VRU (Verkhovna Rada of Ukraine). (2012c). Law of Ukraine: About the formation and placement of a state order for the training of specialists, scientific, scientific and pedagogical and labor personnel, training and retraining of staff, dated November 20, 2012, No. 5499-VI. Voice of Ukraine, 2/2013.
VRU (Verkhovna Rada of Ukraine). (2015a). Law of Ukraine: About introducing new investment opportunities, guaranteeing the rights and legitimate interests of business entities for large-scale energy modernization, dated April 9, 2015, No 327-VIII. Information from the Verkhovna Rada of Ukraine. 2015, 26: 220.
VRU (Verkhovna Rada of Ukraine). (2015b). Law of Ukraine: About Public Procurement, dated December 25, 2015, No 922-VIII. Voice of Ukraine, 30/2016.
VRU (Verkhovna Rada of Ukraine). (2015c). Law of Ukraine: About the Accounting Chamber, dated July 7, 2015, No 576-VIII. Information from the Verkhovna Rada of Ukraine, 36: 360.
Published
2019-06-25
How to Cite
Pyvovar, Y., Detiuk, A., Mykolenko, O., Zapototska, O., & Lapka, O. (2019). Legal support of the system of state control in the process of educational governmental order. Amazonia Investiga, 8(20), 166-179. Retrieved from https://amazoniainvestiga.info/index.php/amazonia/article/view/76
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