Legal regulation of education in Ukraine. Part 6: Features of admission to higher education in Ukraine

Abstract

This article examines the legal issues of regulating the access of citizens of Ukraine to higher education of the third educational and scientific degree (doctor of philosophy) in the paradigm of international acts, the Constitution of Ukraine, the Laws of Ukraine, and Resolutions of the Cabinet of Ministers of Ukraine in the field of education. This is related to the existence of certain legal conflicts in the education sector, which arose as a result of the ambiguity and imperfection of the legislation of Ukraine on education, which the Ministry of Education and Science of Ukraine uses to illegally restrict the access of citizens of Ukraine to higher education of the third educational and scientific degree. Taking into account the requirements of the Constitution of Ukraine, the Universal Declaration of Human Rights of the United Nations, and the Convention for the Protection of Human Rights and Fundamental Freedoms, the article presents the results of a study of the peculiarities of the application of the provisions of the relevant legislative acts in the field of education (with all changes and additions introduced as of September 1, 2024), namely the Law of Ukraine “On Education” (dated September 5, 2017, under No. 2145-VIII), the Law of Ukraine “On Higher Education” (dated July 1, 2014, under No. 1556- VII) and the “Procedure for Training Candidates for Higher Education Degrees of Doctor of Philosophy and Doctor of Sciences in institutions of higher education (scientific institutions)”, approved by Resolution No. 261 of the Cabinet of Ministers of Ukraine (dated March 23, 2016). At the same time, the research is mainly focused on the peculiarities of applying the above­mentioned legislative acts to determine the differences in the conditions of access to free and paid education and the established legitimacy and feasibility of certain elements of such conditions. Principally this concerns the introduction by the State of Ukraine of unified professional exams and other tests (with the use of external independent evaluation) as a condition for access to the next stage of tests, namely, entrance exams and other tests for admission to study introduced by higher education institutions of Ukraine. That is, the legality of establishing a two-level system of competitions and entrance tests for those who wish to obtain a higher education of the third educational and scientific degree (doctor of philosophy) on a paid basis (i.e., at their own expense or the expense of non-state grants and scholarships) is being considered. The article is the sixth one within the cycle of studies in which the peculiarities of access of Ukrainian citizens to higher education in martial law conditions are addressed.