Control (supervisory) activities in the field of higher education in the context of a risk-based approach: problems of law enforcement and prospects for development

Abstract

The subject of the study was the peculiarities of the legal regulation of the implementation of control (supervisory) activities in the field of higher education, due to the introduction of a risk-based approach. Some problems of law enforcement are analyzed and proposals are formulated to improve the legal framework of the system for assessing and managing the risks of harm (damage) in the implementation of federal state control (supervision) in the field of higher education. Special attention is paid to resolving the issue of the prospects of embedding monitoring in the system of control (supervisory) activities in the context of a risk-based approach in the field of education. The work uses a set of methods and methods of cognition inherent in modern science, system analysis is used as a general scientific method, and special legal analysis is used as a private scientific method. As a result, the following conclusions are made: 1) the introduction of a risk-based approach has become the core of reforming the system of state control (supervision), including in the field of education; 2) there are problems of law enforcement of the established system of criteria for assigning objects of control (supervision) to risk categories and a list of risk indicators; 3) implementation of public and professional control tools in the higher education system in activities of control (supervisory) bodies; 4) there is a potential for the use of monitoring in control (supervisory) activities. As a result, there is a need to improve the system of criteria for assigning objects of federal state control (supervision) in the field of education to risk categories, within which it is important to take into account foreign and regional experience in applying a risk-based approach. A special contribution of the author to the research of the topic is the development of his own proposals to supplement the list of criteria and update the established risk indicators. The novelty of the research lies in substantiating the importance of resolving the issue of the limits and prospects of embedding monitoring, as well as the results of public and professional control, in the system of control (supervisory) activities in the field of higher education in a risk-based approach.