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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