Shilyuk, T.O., Zhabin, N.A. Right to education and types of its protection

Abstract: In this article the authors provide detailed description of the right to education and they pay attention to the legal regulation of this right, including its regulation by international legal acts. Additionally, the article is concerned with the principles under which the right to education should be implemented. The authors recognize judicial and non-judicial order of protection of such rights. The authors provide the analysis of judicial practice on the cases regarding violations of legislation on education, as well as the data by various supervising bodies. The object of study is the right to education and particular means of its implementation. The goal of the study was to define the key means of protection and guarantees of the right to education in both judicial and non-judicial order. The specific goals include defining the elements of the right to education, its implementation, which is based upon various legal acts, as well as discussing various means of protection of lawfulness in this sphere. The method of studies is based upon the general scientific means and methods, which are applied by the legal science. The study is also based on philosophical methods, comparative legal and sociological methods. As a result of the studies the authors came to a conclusion that the legislative basis for the right to education should be amended and improved and a new law on education should be passed. The authors also propose that the combination of state control and social control by professional community and independent experts, including non-governmental organizations. It shall allow to raise efficiency of controlling measures and to improve the level of education in Russia.

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