Bobrytska V.I.,

Doctor of Pedagogy, Professor

National Pedagogical Dragomanov University, Ukraine

Modern state policy of Ukraine in the area of higher education: peculiarities of normative and legal regulation

Reformation processes in the higher education of Ukraine are caused by contradictions emerged as a result of some historical and civilized processes.  Particularly, the democratic processes which are typical for development of independent Ukraine, have caused the need of revolutionary revision of the aim, tasks and contest of higher education, as well as the necessity to direct them at the implementation of social order for highly educated specialists and to personality formation of future citizens of democratic society, his/her cultural development, national independence sense breeding.

Joining the European educational values by Ukraine has formed the necessity to improve the quality of national higher education to achieve the specialists’ compatibility at the global and particularly European labour market. Thus the universities received the task to ensure the level of specialists’ training respective to the level of highly-developed countries. This idea became the ground for Magna Charta Universitatum creation. It’s the result of the proposition of the Bologna University (1986) to the top European universities. The sense of the proposition is in the interuniversity cooperation as a mean of improvement of the quality of higher education. The open European Higher Education Area and specialists’ training are based on such key elements as information, common agreement and implementation of education credits.

We should admit that since the year 2005 Ukraine has joined the Bologna process. This fact has made the starting conditions for entering the European and world educational and scientific areas by implementing the basic ideas depicted in the Bologna declaration (1999) and other documents of the Bologna Process. These has caused the necessity of normative legal adjustment of higher education in Ukraine because the Law of Ukraine “On higher education” (2002) is not adequate for personal, social and national requests for compatible specialists’ training. That is why among the primary tasks in educational policy of Ukraine are to enact a new Law of Ukraine “On higher education” and a framework Law of Ukraine “On education” [3]. These aspects were reported on the press conference “New Steps in Educational Policy of Ukraine” held in the Ministry of Education and Science of Ukraine on March 4, 2014.

It is important to admit that the development of the project of the Law of Ukraine “On higher education” (a new edition) is an important step in ensuring the legal regulation in higher education [4]. Thus, the analysis of the beginning and ending of the project of the Law of Ukraine “On higher education” (a new edition) points out that the bases for changes in higher education is modern economic demands, further adaptation of national higher education to European Higher Education Area, transition to the system of higher education for National Framework of
Qualifications implementation.

The Law implies the clear identification of principles and ways of realization of state policy in higher education area, levels and degrees of higher education, universities’ control authorities, standards of higher education, licensing of universities, accreditation of specialties, fundamentals of United National Electronic Database of Education development. Besides, a great attention is paid to standardization of creation and activity of National Agenda of higher education quality and independent organizations of estimation and ensuring the quality of higher education; to the setting of tasks, legal status, typical structure, scheme of university creation and reorganization; to the setting of educational process organization in universities; to the characteristics of participants of educational process, setting of their rights and obligations. Changes are also made in conditions of entering the universities, in financial and economical treatments in higher education area, in settlement of international cooperation  and control of higher education [1; 2].

On our opinion important features of the Law of Ukraine “On higher education” (a new edition) are a more precise definition of the sphere of action of the Law (Provision 2), prediction of institutional, academician, financial elements of universities autonomy [2]. Besides, the widening of universities’ autonomy is considered to be the main aspect of state policy in higher education area.

It is legislatively regulated that the structure of higher education should be more adapted to European Higher Education Area. Surely, it makes the legislative basis for simplification of diplomas’ recognition, academic and professional mobility, realization of possibilities of lifelong education.

Special attention of teachers and scientists was paid to legal regulation of questions connected to levels of higher education (such levels as associate specialist, bachelor, master, philosophy doctor and doctor of sciences are provided). Article 59 “Scientific degrees and academic ranks” of Part IX as well as article 8 “Qualifications, scientific degrees” of Pat II “Educational and qualification, educational and scientific, scientific levels of higher education” of the Law are stated in a new version [4]. It should be admitted that the title “senior staff scientist” will be changed to “senior researcher”. The award of scientific degrees of senior researcher, associate professor and professor will become the authority of the central executive body of formation and ensuring of state policy in education and science area.

We should also pay a special attention to the fact that an advanced training which is the norm of the Law in force is relevant to higher education at the basis of some qualification level (Part 9 Article 6 of the Law) [2]. Legal norms of advanced training which are expound in the Article 10 [2], suppose that such education will be completed by academies, institutions of advanced education, structural subdivisions of universities and special subdivisions of scientific and educational institutions as well as other specialized institutions.

Realization of foreground ways of higher education reforming, notably realization of organizational and structural changes, development of educational institutions of different levels, are provided in changed approaches to typing higher educational institutions (Article 23) and in the development of subsidiaries and consulting centers (Article 28) [2]. The Law determines types of institution of higher education, which are university, academy, college, professional college. According to international norms, institute is defined as a structural division of a higher educational institution. This legislative norm is important for concentration of scientific and pedagogical potential, for rearranging the network of higher educational institutions according to the needs of society, region, national system of selection and education of talented youth, enhancement of training and results of scientific researches. We should admit that the Articles 60, 61, 62 of the Law [2] are devoted to the improvement of innovative constituent of activities of higher education institution and to the setting of organizational and legislative norms of innovations implementation.

Except changes analysed above, new aspects in the Law of Ukraine “On higher education” (new addition) are an elimination of levels of institutions of higher education; introduction of National agency of quality of higher education and international organizations of evaluation and provision the quality of higher education; introduction of new processes of receiving the status of national university; introduction of research universities; legislative grounding of the system of outer independent estimation; widering the autonomy of higher educational institutions etc. At the same time definitions of conceptual terms of the Law need to be improved, the Law is too large, overdriven by norms and regulations which could be presented in other laws and subordinated acts. These drawbacks have to be improved at the stage of discussion of the Law in the Supreme Rada of Ukraine. Besides, the project of the Law of Ukraine “On higher education” (new addition) is opportune and at the whole it realizes two main approaches which are the bases for changes in the higher education area: reformation of higher education according to the terms of socially oriented economy; integration to world, especially European, system of higher education.

References

1.     Conclusion to the Project of the Law of Ukraine “On higher education” (Registration No 1187-2 from 21.01.2013). – URL : www.mon.gov.ua.

2.     Law of Ukraine “On higher education” (new adition). URL: www.mon.gov.ua.

3.     New administrators of MES told about priority steps in educational policy. URL  : www.mon.gov.ua.

4.       Basic provisions of the Project of the Law of Ukraine “On higher education” (new adition). URL : www.mon.gov.ua.