Legal regulation of relations in higher education in Ukraine: history and present - Статья

Borys Grinchenko Kyiv University, Ukraine Legal regulation of relations in higher education in Ukraine: history and present Nataliya Davydova, PhD in Law Formulation of the problem. To determine legal status of participants of educational process and higher education institutions, which have both public and private nature is not possible without retrospective analysis of the evolution of the relevant legislation. We must identify the main stages of legal regulation of relations in higher education institutions from their appearing in the lands of Ukraine to the modern period. Specificity of this analysis is the fact that modern Ukrainian lands at different times were within various countries and, thus, formation of higher education was different. Level of exploration. The history of education and history of legal regulation in higher education in Ukraine was studied by teachers, historians and lawyers, including L.V. Holovii, B.V. Derevianko, M.N. Kurko, S.O. Siropolko, M.O. Tymoshenko, R.V. Shapoval and others. In the scientific literature there are works about (1) periodization of economic-legal regulation of higher education in Ukraine; (2) periodization of administrative-legal regulation of activities in higher education; (3) stages of forming legal status of the educational institution and (4) periods of development of higher education, but without researching periodization of legal regulation of relations in the field of higher education. A major step towards the establishment of the European tradition of university education was the foundation of the University of Bologna in 1088, Paris University in 1150 and Sorbonne University in 1253. Education in the Rus at that moment was not developing fast due to objective reasons, which include the decline of state after the death of Yaroslav the Wise through a constant struggle between princely family for ownership of Kyiv and Tatar invasion, which through fire caused destruction of library and the church. Another deterrent for development of education was strengthening of Orthodoxy on Kievan lands, which made impossible education in European universities, where Catholic faith was dominant. The main features of Ukrainian system of education in post-Kievan Rus (Cossack) era were as follows: 1) in contrast to Western Europe the Ukrainian lands had not universities but educational institutions of medium type, including fraternal schools that were financed at the expense of the Zaporizhian Sich and personal donations of some Cossacks, shliakhta and townspeople; 2) in contrast to the Tsardom of Muscovy education in Ukrainian lands had a secular, not purely theological nature, humanities, natural sciences and foreign languages were also studied. For a long time, Ukraine was a part of the Russian Empire, and therefore fell under the general rules. History of Higher Education until 1917 was a complex and multidimensional process, which can be divided into several stages, different in levels of higher education and general culture, as well as by the degree of correlation between autonomy of the university and command-administrative pressure from the government. Historian O.Oleseiuk identifies five stages. The first stage lasted from the inception of Moscow University (1755) to the establishment of the Ministry of education (1802).