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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