Problems of administrative and legal protection of the rights of participants in the educational process.

Abstract

This article describes the problems of administrative and legal protection of the rights of participants in the educational process. The normative legal acts regulating the issues of vaccination of the participants of the educational process, creation of a safe educational environment, abidance of the constitutional rights and freedoms of humans and citizens, provision of their guarantees are indicated in the article. Also mentioned the urgency of the problem of bullying in the education, which became more actively discussed in society during the global «coronavirus» pandemic, when the risk of contamination by the virus was high. A new type of bullying has been reported - coronavirus bullying - a situation where students bully other children or teachers because they are sick or have been infected by covid, or in cases of provoking bullying of parents who have not given their consent to vaccinate their children. This paper analyzes the case law, which leads to the conclusion that there is still a legal problem of distinguishing the jurisdiction of administrative courts from other types of judicial jurisdiction. Also, the lack of unity of case law in appealing decisions, action or inaction of subjects of power, particularly, in matters concerning the right of an unvaccinated child to education, which is extremely relevant today. The legal positions of national courts and decisions of the European Court of Human Rights on the matter of vaccination of participants in the educational process were studied in the article. For further implementation of these problems, the feasibility of further scientific development of this topic was substantiated.