Qualification of the Legal Relationships Arising in Connection with the Realization of the Right to Education
https://doi.org/10.25205/2542-0410-2023-19-2-55-63
Abstract
The article is devoted to the analysis of legal relations arising during the realization of the right to education, taking into account the variety of forms of interaction and the peculiarities of the legal status of their participants. Based on the results of the analysis of these legal relations, the author concludes that the predominance of private interests of the student in legal relations, which indicates that educational relations belong to the branch of civil law that requires regulation through civil law mechanisms. The author notes that part of the legal relations directly related to training has a civil nature and is implemented in the form of a contractual obligation to provide educational services (both for cases of paid training on the basis of a signed contract, and for cases of training at the expense of budget financing). Based on the conclusions about the legal nature of the relations under consideration, proposals are put forward to amend Chapter 39 of the Civil Code of the Russian Federation, allowing the rules of this chapter to apply to educational relations based on budget financing. The proposed changes are aimed at ensuring equal learning conditions and ways to protect the civil rights of students, regardless of the source of funding for training.
About the Author
A. V. Alekseeva
Novosibirsk State University of Economics and Management “NINH”
Russian Federation
Russian Federation
Aleksandra V. Alekseeva, postgraduate student of the Department of Civil and Business Law
Novosibirsk
References
1. Sannikova L. V. The legal nature of relations between an educational institution and a student (his parents and other legal representatives // Ezhegodnik rossijskogo obrazovatel’nogo zakonodatel’stva. 2009. Vol. 4, no. 2. Pp. 38–54. (in Russ.)
2. Shkatulla V. I. Obrazovatel’noe pravo Rossii: Uchebnik dlya vuzov. M., 2015. Pp. 70–71. (in Russ.)
3. Syrykh V. M. Educational legal relations: myths and realities // Ezhegodnik rossijskogo obrazovatel’nogo zakonodatel’stva. 2008. Vol. 3, no. 2. Pp. 31–50. (in Russ.)
4. Barabanova S. V. State regulation of higher education as a socio-cultural function of the state // Pravo i obrazovanie. 2004. No. 3. Pp. 68–88. (in Russ.)
5. Kocherga S. A., Chepurnova N. M. Legal regulation of the constitutional right of citizens as consumers of educational services in the field of higher professional education // Pravo i obrazovanie. 2008. No. 9. Pp. 4–16. (in Russ.)
6. Kvanina V. V. The legal nature of relations. Student. State employee. University // Pravo i obrazovanie. 2006. No. 4. Pp. 32–38. (in Russ.)
7. Kvanina V. V. Contract for the provision of educational services by the university // Zakon. 2007. No. 4. P. 31. (in Russ.)
8. Kurov S. V. Features of civil law regulation of paid provision of educational services // Pravo i obrazovanie. 2001. No. 6. Pp. 76–86. (in Russ.)
9. Bogdanova E. E., Vasilevskaya L. Y., Grin E. S. et al. Contract law of Russia: reformation, problems and development trends: monograph / Ed. L. Yu. Vasilevskaya. M.: NORM, INFRA-M, 2016. 192 p. (in Russ.)
10. Vorontsova N. L. Education as a service // Aktual’nye problemy rossijskogo prava. 2020. Vol. 15, no. 4(113). P. 62. (in Russ.)
11. Kobchikova E. V. General characteristics of the contract for the paid provision of educational services // Kazanskij social’no-gumanitarnyj vestnik. 2010. No. 2(2). Pp. 138–142. (in Russ.)
12. Shablova E. G. Civil law regulation of relations of paid provision of services. Ekaterinburg, 2003. 261 p. (in Russ.)
Review
For citations:
Alekseeva A.V. Qualification of the Legal Relationships Arising in Connection with the Realization of the Right to Education. Juridical science and practice. 2023;19(2):55-63. (In Russ.) https://doi.org/10.25205/2542-0410-2023-19-2-55-63
Views:
154
Email this article 