Administrative responsibility based on the results of federal state control (supervision) in the field of education: maintaining a balance of interests in the light of current legislation.
// NB: Administrative Law and Administration Practice. – 2023. – є 3.
– P. 33-44.
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Abstract: The subject of this article is the features of administrative responsibility arising on the basis of administrative offenses in the field of education in the light of the reform of control and supervision activities. Taking into account the division of powers in the sphere of control between the federal executive authorities and the entities exercising the delegated powers, the author specifies the area of research with legal relations arising in the framework of the implementation of higher education programs. To substantiate the theses, the author analyzes the novelties of the legislation, as well as a generalization of the law enforcement practice of the federal service for supervision in the field of education and science for 5 years in order to identify the regulatory effect that followed the results of the reform of control and supervision activities in the Russian Federation. Thus, in addition to the totality of general scientific methods, the author uses special legal methods, including formal legal, technical and legal analysis. The main findings of the study can be considered the establishment of the fact that, despite the introduced moratorium on scheduled inspections of legal entities from 2022, the reform of control and supervisory activities has reduced the number of detected offenses due to the introduction of a risk-based approach to supervised entities, however, assessing the effectiveness of preventing offenses on difficult at the moment. The conducted research is relevant due to the small number of studies analyzing the results of the reform of control and supervision activities for administrative and legal relations arising from the results of control and supervision activities in an industry context. The results of the study can be useful for organizations engaged in educational activities as an acquaintance with current trends in administrative and legal liability for violation of the mandatory requirements established for the implementation of educational programs of higher education at different levels.
Keywords: state regulation of education, administrative process, educational law, educational organizations, administrative responsibility, regulatory impact assessment, Federal state supervision, Federal state control, Administrative offenses, administrative law
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Dobroljubova, E. I., & Shemonchuk I. S. (2020). Control and supervision activities in the regions: intermediate results of the reform. Public Administration. Electronic Bulletin, 79. Retrieved from https://cyberleninka.ru/article/n/kontrolno-nadzornaya-deyatelnost-v-regionah-promezhutochnye-itogi-reformy
Kirillovyh, A.A. (2022). The mechanism of the "regulatory guillotine" in education: problems and prospects of practical implementation in the activities of the Federal Service for Super
Bukalerova L.A., Shagieva R.V..
On the necessity of formation of a centralized system of social control in the procedures of the federal state control over educational institutions
// NB: Administrative Law and Administration Practice. – 2014. – є 6.
– P. 89-105.
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Abstract: The authors study the problem of formation of a centralized system of social control within the federal state control over educational institutions. Today it is understood that it is impossible to solve the key state issues by a simple legislative regulation or by means of government institutions resource. The more efficient solution of the urgent state problems can be achieved only by means of public control increase and non-profit sector and civil society institutions development. The subject of the research is the activity of the subjects of social control aimed at observation over the activities of public authorities, local governments, state and municipal organizations, other agencies and organizations in the sphere of education. The authors use a set of scientific and special methods of cognition of the socio-legal reality. The methodology of the research is based on the dialectical method with the inherent requirements of objectivity, comprehensiveness, historicism, concrete truth. The authors use the general scientific methods of analysis, synthesis, comparison, measurement, and the special scientific comparative-legal method. The study reveals the typical errors of the existing regulations in the sphere of public control based on the fact that they have not taken into account the provisions of the new Federal Law of 21.07.2014 N 212-FZ "On the foundations of social control in the Russian Federation". The authors offer the creation of a standard regulation about the public council under the regional executive body of the Russian Federation authorized by the Russian Federation to exercise state control (supervision) over educational institutions.
Keywords: education, state functions, corruption combating, modernization of public administration, government services, public control, errors, methodology, monitoring, educational organizations
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The US policy on decentralization of schooling.
// NB: Administrative Law and Administration Practice. – 2013. – є 3.
– P. 34-58.
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Abstract: According to the Xth Amendment to the US Constitution the functions of the federal government do not include control over education system and till recently it mostly was not involved in this sphere. The typical feature of modern America is the decrease of autonomy of regional and local education management bodies and schools. This is mostly due to the financial system. The share of state federal allotments for education is growing, however, they are still lower than the sums assigned for states and educational districts. Of course, a decentralized system should provide a lot of space for development of local initiative, to ease various pedagogical experiments, and to provide better recognition of local educational specificities. But in theory decentralization process should not be opposed to strengthening the central government bodies.
Keywords: America, education, decentralization, power, separation of powers, politics, sources of law
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