Abstract
In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.
Highlights
In the Russian Federation, the state of the art of domestic education influences both state social policy and national strategy of economic development
During the Soviet period, legal relations connected with the rendering of educational services were fully subjected to the sphere of public law; after the breakup of the Soviet Union, revolutionary changes in all social spheres took place, which conditioned the transition of the state to the market economy
If public law is a subordination system, private law is a coordination system; if the first notion relates to the sphere of power and submission, the second one relates to the sphere of freedom and private initiative
Summary
In the Russian Federation, the state of the art of domestic education influences both state social policy and national strategy of economic development. Professional education in Russia is characterized by a difficult and quite long-lasting adaptation of graduate students in the labor market and significant investments of private companies into vocational retraining of graduates and their additional training. The presence of these problems indicates the need of the professional labor market to have an effective regulation within the scope of private law because a person is a part that requires a quality professional education. This is the reason that conditions the interest to legal problems that are associated with the reformation of education at all levels, which, as should be noted, has been in progress during the recent years
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