Problems of legal regulation of licensing control over educational activities

Abstract

The aim of the research of the article is to determine the directions for harmonizing the legal regulation and law-enforcement practices on the basis of a systematic research and comparative analysis of the state control and supervision institutions in the sphere of education, their determinacy in the context of the administrative reform of control and supervisory activities. Emphasis was placed on identifying mechanisms for eliminating duplication of administrative procedures in the licensing control over educational activities of current organizations. The article deals with the contradictions of law-enforcement practice about establishing legal grounds for control and determining of control measures set and legal consequences. This makes it possible to formulate the optimal way of integration of control over compliance with licensing requirements in the implementation of educational activities and federal state supervision in education. The conclusion is based on the need for direct legislative regulation of licensing control in the framework of the state supervision in the sphere of education. In this context, the author defines the components of the legal structure of the administrative procedure of the federal state supervision over the observance of licensing requirements in the sphere of education, determines the place and necessary conditions for applying the prohibition of admission to an educational organization as a special administrative preventive measure. The proposed systemic amendments in the regulatory framework determine the compliance of state regulation with the legal nature and nature of public relations in the field of state control and supervision in education.