LEGAL REGULATION IN THE SPHERE OF HIGHER EDUCATION IN RUSSIA (HISTORICAL AND LEGAL ASPECT)

• Main Author: T. Yashchuk
• Format: Article
• Language: Russian
• Published: Dostoevsky Omsk State University 2018-01-01
• Series: Pravoprimenenie
• Subjects: history of the state; history of law; educational policy; higher education; history of universities; educational legislation; universities of russia
• Online Access: https://enforcement.omsu.ru/jour/article/view/118

The purpose of article is to analyze the evolution of legal regulation of higher education in Russia since the beginning up to the beginning of reform in modern conditions.Characteristics of the problem field. Higher education is studied in various aspects (sociological, cultural, historical, economic). An independent institute of educational law is distinguished in the legal science. Serious transformations of higher education in the Russian Federation have actualized the need for understanding the domestic experience of legal regu-lation. The state policy in the sphere of higher education and the evolution of educational legislation are studied in historical and legal studies.The methodology. The narrative method is the method of description. It is necessary for the reconstruction of past events and phenomena. The narrative method is supplemented by a chronological method. The formal legal method is applied to the interpretation of norms. The sociological method establishes the links between state policy, regulatory legal regulations and the social result achieved. The comparative method is used fragmentarily.Results. Higher education is a relatively new social institution. In the European tradition it took shape during the Middle Ages. The completed model was formed in the XIX century in Germany.The Russian Empire used the German model. Higher education was regulated by the state. The main regulations governing educational relations at the university were the General Charters. These Charters reflected the autonomy of universities.Three stages are identified in the legal and regulatory framework of higher education in the Soviet period: 1917 – the first floor 1930s; second floor 1930s – the first floor 1950s; second floor 1950s – 1980s.At the first stage the state regulated only politically and ideologically important educational relations. Many questions were not regulated centrally. In the 1930s the state impact on higher education was growing. The consignments are included in norm-setting activities. The established norms changed little until the end of the Soviet period. In the 1960s the liberalization of educational legislation began, which continued until the end of the Soviet period.Conclusions. Higher education as a special social Institute took shape in the medieval period. The German model, tested in the early nineteenth century with the establishment of the University in Berlin, had a huge influence on the genesis of modern higher education.