Date of entry into
force:
September 6, 2014
(Abstract)
The Law establishes the main legal, organizational, and financial
functioning principles of the higher education system, creates conditions to
increase cooperation of state authorities and business with higher educational
institutions based on the principles of autonomy of higher educational
institution, combination of education with research and production in order to
prepare competitive human capital assets for high-technology and innovation
development of the country, personal self-actualization, and providing for the
demand of the society, labor market and the state for qualified specialists.
Article 1 of the Law provides definitions of terms used in it. For example,
higher education is a collection of systematized knowledge, skills and
practical aptitudes, manners of thought, professional, worldview and social
qualities, moral and ethical values, and other competences, acquired in a
higher educational institution (research institution) in an appropriate field,
in a certain qualification, at higher education levels that are more complex
than the full secondary education level.
State policy in the sphere of higher education is determined by Article 3
of the Law.
Everyone has the right to higher education. Citizens of Ukraine have the
right to receive higher education free of charge in state and municipal owned
higher educational institutions on a competitive basis, according to the higher
education standards, if this is the first time the citizen is pursuing that
higher education level at the expense of the state or local budget. Citizens of
Ukraine are free to choose the higher educational institution, the form for
pursuing higher educational institution, and their specialty.
The right to
higher education is granted regardless of age, citizenship, place of residence,
sex, skin color, social and financial standing, nationality, language,
ancestry, state of health, attitude to religion, past convictions, or other
circumstances. No one can be restricted in their right to higher education,
except in cases established by the Constitution and the laws of Ukraine.
Restrictions and preferences determined by specific conditions for pursuing
higher education and determined by the specifics of acquiring a qualification
do not constitute discrimination of the right to higher education.
To ensure
that persons with special educational needs exercise their right to higher
education, higher educational institutions create the conditions necessary for
such people to pursue quality higher education. To ensure that persons who
require social support according to the legislation exercise their right to
higher education, their sustenance is financially provided for while they are
pursuing higher education at each educational level.
Citizens of Ukraine have
the right to pursue higher education in a second specialty free of charge in
state and municipal owned higher educational institutions, if they are no
longer able to perform service or official duties in their previous
qualification for health reasons, as confirmed by opinion of the medical and
social expert commission, and in other cases provided for by law. Foreigners
and stateless persons permanently residing in Ukraine, persons who received
refugee status in Ukraine, persons requiring subsidiary protection or asylum,
and persons who received a foreign Ukrainian status and are legally temporarily
residing in Ukraine, have the right to pursue higher education, equal to
citizens of Ukraine. Higher education is provided to the above categories of
people at the expense of the state budget within the quotas determined by the
Cabinet of Ministers of Ukraine.
Other foreigners and stateless persons can
pursue higher education at the expense of natural persons (legal entities),
unless otherwise provided for by international agreements of Ukraine ratified
by the Verkhovna Rada of Ukraine, the legislation, or international academic
mobility agreements between higher educational institutions. All persons
pursuing higher education in higher educational institutions have equal rights
and obligations (Article 4 of the Law).
According to Article 5 of the Law, training of specialists with higher
education is carried out according to the following professional education,
academic education, and academic programs, on the following higher education
levels:
·
the beginning level (short cycle) of higher education
(corresponds to the fifth qualification level of the National Qualification
Framework and envisages acquisition of general cultural and profession-oriented
training, specialized skills and knowledge, and some experience of their
practical application in performance of typical tasks envisaged at the basic
positions in the appropriate professional field);
·
the first (bachelor) level (corresponds to the sixth qualification
level of the National Qualification Framework and envisages acquisition of
theoretical knowledge and practical skills and aptitudes that are sufficient to
successfully perform professional duties in the chosen specialty);
·
the second (master) level (corresponds to the seventh
qualification level of the National Qualification Framework and envisages
acquisition of in-depth theoretical and/or practical knowledge, skills, and
aptitudes in the chosen specialty (or specialization), general methodology
principles of academic and/or professional activity, and other competences
sufficient for efficient performance of duties of innovative nature at the
appropriate level of professional activity);
·
the third (educational and academic) level
(corresponds to the eighth qualification level of the National Qualification
Framework and envisages acquisition of theoretical knowledge, skills, aptitudes
and other competences sufficient to produce new ideas, solve complex problems
in the sphere of professional and/or research and innovation activity,
mastering the methodology of academic and teaching activity, and carrying out
own academic research with results that have scientific novelty, and
theoretical and practical significance);
·
the academic level (corresponds to the ninth
qualification level of the National Qualification Framework and envisages
acquisition of competences to develop and implement research work methodologies
and methods, create new system-forming knowledge and/or progressive
technologies, and solve an important academic or applied problem of national or
global significance).
Pursuing higher education at each higher education level envisages
successful completion of the appropriate education (professional education or
academic education) or academic program, which constitutes basis to award an
appropriate higher education degree:
·
junior bachelor;
·
bachelor;
·
master;
·
doctor of philosophy;
·
doctor of sciences.
Article 6 of the Law is dedicated to attestation of higher education
students.
The higher education (academic degree) document is issued to a person who
successfully completes an appropriate education (academic) program and passes
attestation (Article 7 of the Law). The following types of higher education
(academic degree) documents are established for appropriate degrees:
·
junior bachelor diploma;
·
bachelor diploma;
·
master diploma;
·
doctor of philosophy diploma;
·
doctor of sciences diploma.
According to Article 8 of the Law, the Single State Electronic Database in
the Issues of Education in the sphere of higher education includes the Register
of Higher Educational Institutions, the Register of Higher Education Documents,
and the Register of Independent External Assessment Certificates. The Register
of Higher Educational Institutions contains information about each higher
educational institution, and licenses and accreditation certificates issued to
it. Information of the Register of Higher Educational Institutions is
unrestricted.
The Register of Higher
Education Documents contains information about:
·
state standard documents issued by higher educational
institutions (research institutions) of Ukraine, except for information about
graduates of higher military educational institutions, and graduates of
military departments of higher educational institutions;
·
personal higher education documents issued by higher
educational institutions of Ukraine;
·
documents issued by foreign higher educational
institutions recognized by the central executive authority in the sphere of
education and science;
·
documents issued by foreign higher educational
institutions recognized by a higher educational institution of Ukraine.
Natural persons and legal entities have access to the Register of Higher
Education Documents, to the extent sufficient to check the validity of a higher
education document.
Chapter III of the Law determines the standards for educational activity
and higher education.
According to Article 11 of the Law, the higher education system consists
of:
·
higher educational institutions of all forms of
ownership;
·
higher education levels and degrees (qualifications);
·
areas of knowledge and specialty;
·
education and academic programs;
·
education activity standards and higher education
standards;
·
management bodies in the sphere of higher education;
·
participants of the education process.
Article 12 of the Law establishes that management in the sphere of higher
education is carried out by the following entities, within the scope of their
competence:
·
the Cabinet of Ministers of Ukraine;
·
the central executive authority in the sphere of
education and science;
·
sector-based state authorities whose sphere of
management includes higher educational institutions;
·
authorities of the Autonomous Republic of Crimea and
bodies of local self-government whose sphere of management includes higher
educational institutions;
·
the National Academy of Sciences of Ukraine and
national sector-based academies of sciences;
·
founders of higher educational institutions;
·
civil self-government bodies in the sphere of higher
education and science;
·
the National Agency for Higher Education Quality
Assurance.
Articles 13-15 of the Law determine the competence of:
·
the central executive authority in the sphere of
education and science, and other bodies whose sphere of management includes
higher educational institutions;
·
authorities of the Autonomous Republic of Crimea and
bodies of local self-government whose sphere of management includes higher
educational institutions;
·
the founder (founders) of a higher educational
institution.
According to Article 16 of the Law, the system for higher education quality
assurance in Ukraine consists of:
·
the system for education activity quality assurance
and higher education quality assurance by higher educational institutions
(internal quality assurance system);
·
the system for external quality assurance of education
activity of higher educational institutions and quality assurance of higher
education;
·
the system for quality assurance of the work of the
National Agency for Higher Education Quality Assurance and independent
institutions for higher education quality assessment and assurance.
The National Agency for Higher Education Quality Assurance is a permanent
collegial body authorized by the Law to implement state policy in the sphere of
higher education quality assurance (Article 17 of the Law).
The competences of the National Agency for Higher Education Quality
Assurance are established by Article 18 of the Law.
Article 19 of the Law determines the membership of the National Agency for
Higher Education Quality Assurance.
Sessions of the National Agency for Higher Education Quality Assurance are
duly constituted if attended by at least two thirds of its members. Decisions
on all issues are made by a majority vote of the National Agency for Higher
Education Quality Assurance members. Members of the National Agency for Higher
Education Quality Assurance carry out functions vested in them on the basis of
civil law agreements concluded with them. The National Agency for Higher
Education Quality Assurance can involve independent institutions for higher
education quality assessment and assurance accredited by it, to take part in
the procedure for education program accreditation (Article 20 of the Law).
According to Article 21 of the Law, sector-based expert councils of the
National Agency for Higher Education Quality Assurance are formed for a term
not exceeding 3 years, of 9 to 15 members who hold an academic degree in the
appropriate discipline or a minimum of 5 years of experience of professional
work in the sector, except for representatives of student self-government
bodies. Sector-based expert councils can include representatives of the state,
employers, their organizations and associations, professional associations,
higher educational institutions of all property forms, academic institutions,
the National Academy of Sciences of Ukraine, national sector-based academies of
sciences, representatives of student self-government bodies, and international
experts.
An independent institution for higher education quality assessment and
assurance is a non-government organization (institution, agency, bureau, etc.)
accredited by the National Agency for Higher Education Quality Assurance, which
assesses education programs, education results, and/or higher educational
institutions (their organizational units) in order to produce recommendations
and assist higher educational institutions in organizing a system for higher
education quality assurance, and submit proposals to the National Agency for
Higher Education Quality Assurance concerning education program accreditation
(Article 23 of the Law).
Article 24 of the Law establishes that educational activity in the sphere
of higher education is conducted by higher educational institutions and
academic institutions (to prepare specialists with a doctor of philosophy
degree) on the basis of licenses issued by the central executive authority in
the sphere of education and science, according to the procedure established by
the Cabinet of Ministers of Ukraine according to the Law. In order to procure a
license for education activity, an applicant submits a written application and
an expert opinion of the National Agency for Higher Education Quality Assurance
to the central executive authority in the sphere of education and science.
Based on the received documents, the central executive authority in the sphere
of education and science, within 10 working days, issues the appropriate higher
educational institution with a license to conduct education activity, or denies
such license. The decision to deny the license must be substantiated and
contain references to specific provisions of the education activity standard
that the applicant fails to conform to. Licenses are issued separately for each
specialty, for a term of 10 years, and can only be annulled for reasons
provided for by the Law. Information about license issue and annulment is
entered into the Single State Electronic Database in the Issues of Education.
The procedure for education program accreditation is established by Article
25 of the Law.
Article 26 of the Law establishes the main tasks of a higher educational
institution.
A higher educational institution is created in the form of a state-owned,
municipal-owned, or privately-owned institution and operates on non-profit
principles. A legal entity (except an academic institution) receives a higher
educational institution status when it receives a license for education
activity. A higher educational institution can be the founder (co-founder) of
other legal entities whose activity conforms to the directions of education,
academic, production, and innovative activity of the higher educational
institution, and/or provide for the execution of its statutory tasks.
State-owned, municipal-owned, or privately-owned higher educational
institutions have equal rights to carry out education activity, academic
activity and other forms of activity. Higher educational institutions can
conduct education activity jointly with foreign educational institutions, under
approved education programs. Higher educational institutions can create
educational, educational and academic, and educational, academic and production
complexes, science parks, and be part of a consortium. All participants of a
complex or a consortium retain their legal entity status and financial
independence. A higher educational institution acts on the basis of its own
statute (Article 27 of the Law).
According to Article 28 of the Law, the following types of higher
educational institutions operate in Ukraine:
·
university – a multi-sector (classical, technical) or
sector-based (profile-oriented, technological, pedagogical, physical education
and sports, liberal arts, theological, medical, economic, legal,
pharmaceutical, agrarian, fine arts, culture, etc.) higher educational
institution that conducts innovative education activity for different higher
education degrees (including doctor of philosophy), carries out fundamental
and/or applied scientific research, is a leading academic and methodic center,
has a developed infrastructure of educational, scientific, and research and
technical departments, contributes to propagation of academic knowledge, and
carries out cultural and education activity;
·
academy, institute – a sector-based (profile-oriented,
technological, pedagogical, theological, medical, economic, legal,
pharmaceutical, agrarian, fine arts, culture, etc.) higher educational
institution that conducts innovative education activity related to provision of
higher education on the first and second levels, in one or several spheres of
knowledge; can conduct training on the third and the highest academic levels of
higher education for some specialties; conducts fundamental and/or applied
scientific research, is a leading academic and methodic center, has a
developed infrastructure of educational, scientific, and research and technical
departments, contributes to propagation of academic knowledge, and carries out
cultural and education activity;
·
college – a sector-based higher educational
institution or organizational unit of a university, academy, or institute, that
conducts education activity related to pursuing junior bachelor and/or bachelor
degrees, and conducts applied scientific research. A college also has the right
to prepare specialists on the junior specialist education and qualification
level.
A university, academy, or institute, regardless of its ownership form, can
be granted a national status according to the legislation. A national status is
granted to a higher educational institution by proposal of the National Agency
for Higher Education Quality Assurance, submitted according of the procedure
and criteria established by the Cabinet of Ministers of Ukraine. Conformance of
the higher educational institution's activity to the established criteria to
confirm or withdraw such status is checked once per 7 years by the National
Agency for Higher Education Quality Assurance (Article 29 of Law).
Article 30 of the Law envisages that a national higher educational
institution that provides for breakthrough development of the state in certain
spheres of knowledge using a model that combines education, science and
innovation, contributes to integration of the state into the global education
and academic space, and has recognized scientific achievements, can be granted
a research university status.
A research university status is granted to a
higher educational institution by the Cabinet of Ministers of Ukraine, on a
competitive basis, for a term of 7 years, according to the Provision on
Research University approved by the Cabinet of Ministers of Ukraine, and the
criteria that include parameters adjusted to the number of academic teaching
and academic staff of the higher educational institution. A higher educational
institution is granted research status by proposal of the National Agency for
Higher Education Quality Assurance, subject to conformance to the criteria
established by the Cabinet of Ministers of Ukraine. Conformance of the higher
educational research institution's activity to the established criteria to
confirm or withdraw such status is checked once per 7 years by the National
Agency for Higher Education Quality Assurance.
The procedure for creation, reorganization, and liquidation of a higher
educational institution is determined by Article 31 of the Law.
According to Article 32 of the Law, the activity of a higher educational
institution is carried out based on the principles of:
·
autonomy and self-government;
·
separation of rights, authority, and liability of the
founder (founders), state authorities, and bodies of local self-government
whose sphere of management includes the higher educational institution,
management bodies of the higher educational institution, and its organizational
units;
·
combination of collegial and single management
principles;
·
independence of political parties, civil and religious
organizations (except for higher ecclesiastical educational institutions).
Higher educational institutions have equal rights that constitute their
autonomy and self-government, including the rights to:
·
develop and implement education (academic) programs
within their licensed specialty;
·
independently determine forms of education and forms
of education process organization;
·
choose types of bachelor and master training programs
provided for by the International Standard Classification of Education;
·
hire teaching, academic, academic teaching, and other
staff;
·
create and approve its own staffing plan;
·
make the final decision to recognize (determine the
equivalence) of the bachelor, master, doctor of philosophy, doctor of sciences
degrees, as well as associated professor and professor titles, acquired in
foreign educational institutions, when enrolling the holders of such degrees or
titles for education and/or hiring them to academic or academic teaching
positions;
·
implement a rating-based assessment of educational,
research, and innovation achievements of the participants of the education
process;
·
provide additional educational and other services
according to the legislation;
·
independently develop and approve own programs for
education, scientific, research and technical, and innovation activity;
·
independently institute specializations, determine
their scope and education discipline programs;
·
award higher education degrees to higher education
students who, according to the legislation, successfully pass the attestation
procedure after completing their education at the appropriate higher education
level;
·
make the final decision on awarding of academic
degrees by accredited specialized academic councils;
·
create secondary educational institutions by approval
with bodies of local self-government;
·
create, reorganize, and liquidate its organizational
units;
·
conduct publishing activity, namely, publish
textbooks, study guides and treatises, and develop its own printing base;
·
on the basis of appropriate agreements, conduct joint
activity with educational institutions, academic institutions, and other legal
entities;
·
locate its educational, research, and educational,
research and production units in companies, institutions, and organizations;
·
take part in the work of international organizations;
·
implement own insignia and emblems;
·
establish own forms of moral and material incentives
for participants of the education process;
·
address initiatives to authorities that conduct
management in the sphere of higher education, for amendment of effective
normative legal acts in the sphere of higher education, or for drafting of new
ones, and participate in the drafting;
·
carry out business and other activity according to the
legislation and the statute of the higher educational institution;
·
manage its own revenues (for state-owned and
municipal-owned higher educational institutions), in particular, those received
from provision of paid services;
·
open current and savings accounts in banks;
·
exercise other rights that do not contradict the
legislation.
Higher educational institutions shall:
·
take measures, including by implementing appropriate
modern technologies, to prevent and detect academic plagiarism in treatises of
academic, academic teaching, teaching, and other staff and students of higher
education, and bring them to disciplinary liability;
·
have an internal system for educational activity and
higher education quality assurance;
·
create the necessary conditions to enable persons with
special educational needs to pursue higher education;
·
publish information about the exercise of their rights
and fulfillment of their obligations on their official website, information
stands, and by any other means.
The main organizational units of a higher educational institution are
faculties, departments, and the library (Article 33 of the Law).
Chapter VII of the Law is dedicated to management of a higher educational
institution.
Direct management of the work of a higher educational institution is
carried out by its head (rector, president, supervisor, director, etc.). Their
rights, obligations and responsibility are determined by the legislation and
the statute of the higher educational institution. Every year, the head of a
higher educational institution reports to the founder (founders) or their authorized
body (person), and the supreme collegial civil self-government body of the
higher educational institution. The head shall publish an annual report of
their activity on the official website of the higher educational institution
(Article 34 of the Law).
Article 35 of the Law envisages that a faculty is managed by a dean
(supervisor), and an educational and academic institute, by a director
(supervisor), who can hold these positions for a maximum of two terms. The dean
(supervisor) and the director (supervisor) of an educational and academic
institute can delegate part of their authority to their deputies. The authority
of a head of faculty (educational and academic institute) is determined by a
provision on faculty (provision on educational and academic institute),
approved by the academic council of the higher educational institution.
A
military department in a higher educational institution and a faculty
(department) of a higher military educational institution (higher educational
institution with specific education conditions) is managed by the head,
appointed on a competitive basis. The procedure for the competition is
determined by normative legal acts of the state authority whose sphere of
management includes the higher military educational institution (higher
educational institution with specific education conditions) or the military
department of a higher educational institution, by approval with the central
executive authority in the sphere of education and science. A department is
managed by the department head (supervisor), who can hold this position for a
maximum of two terms.
An academic council is a collegial management body of a higher educational
institution, formed for a term of 5 years, with membership approved by order of
the head of the higher educational institution within 5 working days after the
authority of previous membership of the academic council expires. Decisions of
the academic council of a higher educational institution are brought into
effect by resolution of the head of the higher educational institution (Article
36 of the Law).
According to Article 37 of the Law, a supervisory board is created in a
higher educational institution in order to supervise the property of the higher
educational institution and adherence to its purpose.
To resolve day-to-day operation issues of a higher educational institution,
working bodies are created – rector's office, dean's offices, admission board,
administrative council, etc. (Article 38 of the Law).
Article 39 of the Law envisages that the supreme collegial civil
self-government body of a higher educational institution is the general meeting
(conference) of the staff, including elected representatives from among the
student (cadet) body. The procedure for calling the meetings and passing
resolutions of the supreme collegial civil self-government body is determined
by the statute of the higher educational institution.
All categories of the
education process participants in the higher educational institution must be
represented in the supreme collegial civil self-government body. At least 75%
of the delegates (members) of the election body must consist of permanent
academic, academic teaching, and teaching staff of the higher educational
institution, and at least 15%, of elected representatives of the student
(cadet) body, elected by students (cadets) through direct secret ballot. A
session of the supreme collegial civil self-government body is called at least
once per year.
According to Article 40 of the Law, student self-government shall operate
in higher educational institutions and their organizational units, being an
integral part of civil self-government of the respective educational
institutions. Student self-government is the right and possibility of students
(cadets, except for military servicemen cadets) to address issues of education
and living conditions, protect the rights and interests of students, and take
part in management of the higher educational institution. Student
self-government ensures protection of rights and interests of students (cadets)
and their participation in the management of the higher educational
institution.
Student self-government is exercised by students (cadets) directly
and via student self-government bodies elected through a direct secret ballot
by students (cadets). Student self-government is exercised on the level of
student group, institute (faculty), department, dormitory, and higher
educational institution. Depending on the student (cadet) contingent, and the
type and specifics of the higher educational institution, student
self-government can be carried out on the level of year, specialty, campus, and
organizational units of the higher educational institution. Student
self-government bodies can take different forms (parliament, senate, prefect
board, student's rector office, student's dean offices, student boards, etc.).
The head of the student self-government and their deputies can hold their
positions for a maximum of two terms. Student self-government bodies:
·
take part in management of the higher educational
institution according to the procedure established by the Law and the statute
of the higher educational institution;
·
take part in discussion and resolution of issues
related to education process improvement, academics and research, institution
of scholarships, organization of leisure, recreation, living arrangements, and
catering;
·
hold organizational, educational, academic,
sports-related, recreational and other events;
·
protect the rights and interests of students (cadets)
who attend the higher educational institution;
·
delegate their representatives to working,
consultative and advisory bodies;
·
adopt acts that regulate their organization and
activity;
·
take part in addressing the issue of ensuring
appropriate accommodation and living conditions for students in dormitories and
organizing student catering;
·
manage funds and other property listed on the balance
sheet and bank accounts of student self-government bodies;
·
submit proposals relating to the contents of
educational plans and programs;
·
submit proposals relating to development of the
resource base of the higher educational institution, including in the issues
related to the students' living conditions and leisure;
·
have the right to announce protest actions;
·
exercise other functions provided for by the Law and
the provision on the student self-government of the higher educational
institution.
By agreement with the student self-government body of a higher educational
institution, the following decisions are made:
·
expulsion of students (cadets) from the higher
educational institution, and their reinstatement;
·
transfer of persons attending the higher educational
institution under state order to attendance under contract at the expense of
natural persons (legal entities);
·
transfer of persons attending the higher educational
institution under contract at the expense of natural persons (legal entities)
to attendance under state order;
·
appointing the deputy faculty dean, deputy institute
director, and deputy head of the higher educational institution;
·
allocation of persons attending the higher educational
institution in the dormitories and their transfer from the dormitories;
·
approval of internal regulations of the higher
educational institution, in the part relating to students;
·
work of campuses and dormitories for accommodation of
students of the higher educational institution.
The administration of the higher educational institution has no right to
interfere with the work of the student self-government bodies.
Academic associations of students (cadets, attendees), post-graduate
students, doctoral candidates, and young scientists operate in higher
educational institutions and their organizational units, and are a part of the
civil self-government system of appropriate higher educational institutions
(Article 41 of the Law).
Articles 42 and 43 of the Law determine the procedure for:
·
election, appointment and dismissal of the head of the
higher educational institution;
·
election and dismissal of the head of faculty
(academic and research institute) of a state (municipal) owned higher
educational institution.
The conditions for enrollment to higher educational institutions are
established by Article 44 of the Law.
External independent assessment is the assessment of education results
achieved at a certain education level, conducted by an institution specially
authorized by the state. External independent assessment of education results
achieved on the basis of complete secondary education is used for enrollment to
higher educational institution on a competitive basis. The list of programs for
external independent assessment of persons who wish to acquire higher education
on the basis of complete secondary education is approved by the central
executive authority in the sphere of education and science and published on its
official website no later than 1.5 years before external independent assessment
is conducted.
Based on the results of external independent assessment in a
specific subject (subjects), a person is issued a certificate of external
independent assessment according to the form approved by the Cabinet of
Ministers of Ukraine. External independent assessment is carried out by an
institution specially authorized by the state, the provision on which is
approved by the Cabinet of Ministers of Ukraine. The contents of tasks in the
current year's external independent assessment certification test in each
subject is included in restricted information, starting from the moment when
the set of tasks for the external independent assessment certification test in
each subject is created and until the moment that packets with certification
tests in the appropriate subject are legally opened (Article 45 of the Law).
Article 46 of the Law envisages conditions for expulsion, suspension of
education, reinstatement, and transfer of higher education students. The reasons to expel a higher education
student are:
·
completion of education under an appropriate
educational (academic) program;
·
the student's wish;
·
transfer to another educational institution;
·
failure to observe the educational plan;
·
violation of terms of agreement (contract) concluded
between the higher educational institution and the student or the natural
person (legal entity) paying for education;
·
other cases provided for by law.
Chapter IX of the Law is dedicated to organization of the education
process.
According to Article 49 of the Law, higher educational institutions offer
the following education forms:
·
resident education (daytime, evening);
·
correspondence (distance) education.
Different forms of education can be combined.
Article 50 of the Law provides that the education process in higher
educational institutions is carried out in the following forms:
·
learning sessions;
·
independent work;
·
practical training;
·
control measures.
The main types of learning sessions in higher educational institutions are:
·
lectures;
·
laboratory, practical, discussion-based, individual
work;
·
consultations.
A higher educational institution has the right to establish other forms of
education process and types of learning sessions.
According to Article 52 of the Law, the participants of the education
process in higher educational institutions are:
·
academic, academic teaching, and teaching staff;
·
students of higher education and other persons
attending higher educational institutions;
·
practical specialists involved in the education
process under professional education programs;
·
other employees of higher educational institutions.
Employers can be involved in the education process.
Article 54 of the Law states that the following academic titles are awarded
in Ukraine:
·
senior researcher;
·
associate professor;
·
professor.
Article 55 of the Law envisages that the main positions of academic
teaching staff in higher educational institutions are:
·
head (rector, president, supervisor, director);
·
deputy head (pro-rector, vice president, deputy
supervisor, deputy director, deputy head) whose work is directly related to the
education or academic process;
·
institute director (supervisor) and their deputies
whose work is directly related to the education or academic process;
·
faculty dean (supervisor) and their deputies whose
work is directly related to the education or academic process;
·
library director;
·
department head (supervisor);
·
professor;
·
associate professor;
·
senior instructor, instructor, assistant, apprentice
instructor;
·
library researcher;
·
post-graduate program head, doctoral program head.
The main positions of teaching staff in higher educational institutions
are:
·
instructor;
·
counselor.
The working time of academic teaching staff amounts to 36 hours per week
(reduced working hours). The working time of academic teaching staff includes
time spent on class work, methodological work, academic and organizational
work, and other work duties. The working time of academic staff includes time
spent on scientific, research, consultation, expert, organizational work, and
other work duties. The working time of teaching staff includes time spent on
class work, methodological work, organizational work, and other work duties
(Article 56 of the Law).
The rights and obligations of academic teaching, academic, and teaching
staff are established by Articles 57 and 58 of the Law.
According to Article 59 of the Law, academic teaching, academic, and
teaching staff of higher educational institutions are provided with:
·
appropriate working conditions, and conditions for
advanced training and organization of living conditions;
·
compensation payout according to the legislation in
case of loss of employment.
Academic teaching, academic, and teaching staff of higher educational
institutions are granted bonuses for academic degree of doctor of philosophy or
doctor of sciences, at 15% and 20% of the official salary, respectively; as
well as for the academic title of associate professor and senior researcher
(25% of the official salary), and professor (33% of the official salary). A
higher educational institution can set bonuses at a higher level at the expense
of its own revenues.
Article 60 of the Law is dedicated to post-graduate education, advanced
training, and practical training of teaching and academic teaching staff.
Persons attending higher educational institutions are determined by Article
61 of the Law.
According to Article 62 of the Law, persons attending higher educational
institutions have the following rights:
·
selection of education form at the time of enrolling
in the higher educational institution;
·
safe and non-harmful conditions for study, work, and
living;
·
labor during extracurricular time;
·
additional paid study leave at their main place of
work, shortened work hours, and other privileges provided by the legislation
for persons who combine work and study;
·
free use of libraries, information funds, educational,
academic, and sports resources of the higher educational institution;
·
free provision of information for education in the
available formats, using technologies that provide for restrictions caused by
health reasons (for persons with special educational needs);
·
use of production, cultural and educational, domestic
and recreational resources of the higher educational institution, according to
the procedure provided by the statute of the higher educational institution;
·
to be provided with dormitory for the duration of
study, according to the procedure established by the legislation;
·
to participate in scientific, research, design and
development work, conferences, symposiums, exhibitions, and competitions, and
to present their work for publication;
·
to participate in education, academic, research,
sports, arts and civil activities held in Ukraine and abroad, according to the
procedure established by the legislation;
·
to participate in discussion and resolution of issues
related to education process improvement, academics and research, institution
of scholarships, organization of leisure, living arrangements, and recreation;
·
to submit proposals for conditions and amounts of
tuition payments;
·
to participate in the work of civil self-government
bodies of the higher educational institution, institutes, faculties,
departments, academic board of the higher educational institution, and student
self-government bodies;
·
selection of disciplines within the scope provided for
by the appropriate educational program and the working educational plan, in the
amount of at least 25% of total credits of the European Credit Transfer System
(ECTS) provided for the respective higher education level. Students of a certain
higher education level have the right to select disciplines offered for other
higher education levels, by approval with the head of the appropriate faculty
or department;
·
simultaneous education in several educational programs
or several higher educational institutions, provided only one higher education
for each level is acquired at the expense of the state (local) budget;
·
academic mobility, including international;
·
social benefits in cases provided for by the
legislation;
·
to have the period of their daytime education in
higher educational institutions, post-graduate programs, doctoral candidate
programs, clinical residency, internship, and residency included in the length
of their pensionable service, subject to voluntary payment of insurance contributions,
according to the Law of Ukraine "On Mandatory State Pension
Insurance";
·
to be granted academic leave or suspension, with
preservation of certain rights of a higher education student, and to resume
education according to the procedure established by the central executive
authority in the sphere of education and science;
·
participation in creation of an individual education
plan;
·
moral and/or material incentives for successes in
education, academic, research and community work, achievements in the sphere of
arts, sports, etc.;
·
protection from any form of exploitation, physical or
mental abuse;
·
to undergo free practical training in companies,
institutions, and organizations, and to receive labor remuneration while
performing production functions, according to the legislation;
·
vacation of a minimum of 8 calendar weeks per study
year;
·
to receive targeted preferential loans for higher
education, according to the procedure determined by the Cabinet of Ministers of
Ukraine;
·
challenge the actions of the higher educational
institution management bodies and their officials, as well as teaching and
academic teaching staff;
·
special study and rehabilitation support, and free
access to the infrastructure of a higher educational institution, based on
their medical and social indications, in case of restrictions caused by health
reasons.
Article 63 of the Law establishes that persons attending higher educational
institutions shall:
·
adhere to the requirements of the legislation, the
statute, and the internal regulations of the higher educational institution;
·
observe the requirements of occupational safety,
accident prevention, industrial sanitation, and fire safety, as envisaged by
appropriate rules and instructions;
·
observe the requirements of the educational (academic)
program.
Chapter XI of the Law is dedicated to academic, research, and innovation
activity in higher educational institutions.
The material technical resources and the legal status of property of higher
educational institutions are determined by Article 70 of the Law. A higher
educational institution, according to the procedure determined by law, and
according to its statute, has the right:
·
of property to intellectual property objects created
at its own expense or at the expense of the state or local budgets (except in
cases determined by law);
·
to create a sustainable fund (endowment) of the higher
educational institution and utilize the revenues from its use according to the
sustainable fund functioning conditions, and to receive property, resources and
material valuables, in particular, buildings, structures, equipment, and
vehicles from state authorities, bodies of local self-government, legal
entities and natural persons, including in the form of charity;
·
to conduct business activity in Ukraine and abroad;
·
to use property held by it on the right of operational
control, including for business activity, and to grant lease and usage rights
to such property according to the legislation;
·
to create its own material technical resource bases,
or to use them under an agreement, in order to conduct educational, academic,
innovation, or business activity;
·
to create and develop its own base of social and
household facilities, and a network of sports and recreational, treatment and
prophylactic, and art and cultural organizational units;
·
to carry out capital construction, reconstruction,
capital and current repairs of fixed assets;
·
to direct funds to social support of academic
teaching, academic, teaching, and other staff of higher educational
institutions, and of persons attending higher educational institutions;
·
to open current and savings accounts in the national
and foreign currencies according to the legislation, use bank loans without
regard to the restriction for borrowing set by Article 16 and Article 116, part
1, paragraph 27 of the Budget Code of Ukraine;
·
to take part in formation of the statutory capital of
innovation structures, and small businesses created with participation of
higher educational institutions that develop and implement innovative products,
by contributing intangible assets (property rights to intellectual property
objects);
·
to found educational institutions and academic
institutions;
·
to found companies for innovation and/or production
operations;
·
to transfer contributions in a foreign currency for
collective membership in international education and academic associations, as
subscription fee for foreign academic publications, and for access to global
information networks and databases;
·
to take part in formation of the statutory capital of
innovation structures of different types (science parks, technology parks,
business incubators, etc.)
The procedure for creating and placing a state order is determined by
Article 72 of the Law. The total amount of the state order for training
specialists with junior bachelor and bachelor degrees (master degrees in the
medical, pharmaceutical and veterinary majors) for the current year is a
minimum of 51% of the number of graduates of secondary educational institutions
who completed their secondary education in the current year. The total amount
of state order for training specialists with a master degree for the current
year is a minimum of 50% of the number of persons who will be receiving a
bachelor degree in the scope of state order in the current year.
The total
amount of state order for training specialists with a doctor of philosophy
degree for the current year is a minimum of 5% of the total number of persons
who will be receiving a master degree in the scope of state order in the
current year. Financing of the training of specialists with specialized higher
education with appropriate higher education degrees at the expense of the State
Budget of Ukraine is established in the amount required to provide a minimum of
180 students per 10 thousand of the population. The amount of expenses of the
State Budget of Ukraine in the current year cannot be less than the amount of
expenses of the State Budget of Ukraine in the previous year, adjusted by the
inflation ratio.
A higher educational institution, according to the legislation and its
statute, can provide paid services to natural persons and legal entities,
provided that it ensures provision of educational services of appropriate
quality level as its main statutory activity. The list of paid educational and
other services that can be provided by state-owned and municipal-owned higher
educational institutions is approved by the Cabinet of Ministers of Ukraine
(Article 73 of the Law).
Chapter XIII of the Law is dedicated to international cooperation in the
sphere of higher education.
State supervision (oversight) of adherence to the legislation in the sphere
of education and science, and to educational activity standards by higher
educational institutions, regardless of their property form and subordination,
is carried out by the central executive authority that provides for
implementation of state policy in the sphere of education, through state
supervision (control) over the work of educational institutions (Article 77 of
the Law).
Article 78 of the Law envisages that civil control in the sphere of higher
education is the right of the society and individual citizens, employees in the
sphere of higher education, students, bodies of civil self-government,
professional unions, employer organizations and associations, and civil
organizations, to get access to information on all stages of decision making in
the sphere of higher education and science, submit proposals and comments to
them, and approve adoption of resolutions determined by law, according to the
procedure established by the legislation. Civil control is carried out by civil
associations and individual citizens based on the principles of openness and
transparency.
According to Article 79 of the Law, decisions and activity in the sphere of
higher education are open except for restricted information. Information about
procedures and results of decision-making and activity in the sphere of higher
education is subject to mandatory publication on official websites and in mass
media, on information stands, and by any other means. The budget of a higher
educational institution, its revenues and expenses, the state of property of a
higher educational institution and the procedure for its use are subject to
mandatory civil discussion by the staff and student collective.
The statute and
other documents of the higher educational institution that regulate the
procedure of the educational process, information about the composition of its
management bodies, the budget of the higher educational institution, and its
annual (including financial) report must be published on the official website
of the higher educational institution. Higher educational institutions must publish on their official websites:
·
the cost estimate of the higher educational
institution for the current year, and all changes to it;
·
report of the receipt and use of funds;
·
information about competitive bidding procedures;
·
staffing plan for the current year.
The Law also introduces appropriate amendments to the Land Code of Ukraine
and Laws of Ukraine "On Education", "On the Power Sector",
"On Scientific and Technical Research Activity", and " On
Scientific and Technical Research Activity".
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