NATIONAL AGENCY FOR QUALITY ASSURANCE OF HIGHER EDUCATION AS A SUBJECT OF AUTHORITY (PARADOXES OF THE NATIONAL LEGAL SYSTEM)

Abstract

The article reveals the shortcomings of the constitutional and legal regulation of the sys­tem of state authorities, among which the National Agency for Quality Assurance of Higher Education occupies a special place. Attention is focused on the fact that the imbalance of the constitutional and legal regulation of the foundations of the functioning of the state can be revealed through the analysis of the problems of implementing in practice the principle of dividing state power into three branches - legislative, executive and judicial or through the analysis of the legal status of the state body as a subject of power. Within this publication, both scientific approaches were combined, namely, important problems of the formation and functioning of state authorities and the paradoxical legal regulation of the status of the National Agency for Quality Assurance of Higher Education were revealed. It is emphasized that, firstly, constitutional and legal regulation not only lags behind real changes in society, but is also ig­nored in reforms at the national and regional levels, secondly, legal science is beginning to be filled with ideological attitudes that prevent an objective look at the processes , taking place in law, thirdly, the National Agency is the subject of authority, and therefore must meet all the attributes of the latter. The opinion is substantiated that the activity of the National Agency creates favorable conditions for the flourishing of formalism in institutions of higher educa­tion, which distracts specialists in the field of education from their main professional activities - teaching and research. The more formalism there is in the educational and scientific activities of institutions of higher education, the less room is left for training, education and formation of specialists in their field. It was established that manipulation of constitutional norms, ignoring the requirements of the Constitution of Ukraine and arbitrary interpretation of constitutional provisions led to the imbalance of the constitutional and legal regulation of the foundations of the functioning of the state. It has been proven that the National Agency for Quality Assurance of Higher Education has a legal status that is incompatible with the general constitutional prin­ciples of the functioning of state authorities: 1) it does not belong to the legislative, executive and judicial authorities; 2) The Constitution of Ukraine does not provide for the grounds and procedure for creating such bodies. Taking into account the peculiarities of the constitutional and legal regulation of the foundations of the formation of the system of state bodies, it was concluded that the National Agency is an unconstitutional collegial body that unconstitution­ally carries out its activities to ensure the quality of higher education in Ukraine.