Commission Decisions Research Articles

Development and evaluation of a new winter bread wheat variety Rubin Dona according to the main economically valuable traits

Relevance. The development of new varieties and their rapid introduction into production remains the most effective resource for improving productivity, energy saving, profitability and competitiveness. The purpose of the current study was to develop the winter bread wheat variety Rubin Dona and evaluate its productivity and basic adaptive, technological, and baking properties.Methods. The current study was carried out in the fields of research crop rotation of the department of winter wheat breeding and seed production in 2018–2023. The variety was developed by the method of intravarietal hybridization using the productive and adaptive variety Nakhodka as a maternal form and the high-quality strong wheat variety Donskaya Yubileynaya as a paternal form and a subsequent individual selection.Results. There has been established that the variety Rubin Dona has a high and stable level of productivity. For 6 years of competitive variety testing the mean productivity of the variety sown in green manure fallow was 9.45 t/ha with the minimum of 6.77 t/ha and the maximum of 11.80 t/ha, compared to the standard variety Ermak with 8.80, 6.06 and 11.21 t/ha, respectively. The variety Rubin Dona sown after various forecrops also demonstrates a reliable and stable productivity increase to the standard, 0.67 t/ha after maize for grain, 0.79 t/ha after peas, 0.62 t/ha after sunflower, 0.77 t/ha after winter wheat. There has been revealed that the advantage of the new variety, which provides high and stable yields, is its high environmental resistance to regional soil and climatic conditions such as drought, low temperatures, spring frosts, diseases, and lodging. The variety has lower indicators of the coefficient of variation, factor of stability (FS), yield range (d) with a high level of realization of productivity potential in comparison with both the standard variety Ermak and the highly productive variety Razdolie, which has a contrasting periods of heading and ripening. The technological and baking properties of the new variety are of high quality and meet the requirements of GOST-9353-2016 referring to the first class. Since 2023, by decision of the State Commission of the Russian Federation for testing and protection of breeding achievements, the variety has been included in the State List of the varieties approved for use in the Central Blackearth (5) and Lower Volga (8) regions.

ANTI-CORRUPTION RESPONSIBILITIES OF CANDIDATES ACCORDING TO THE LEGISLATION OF KAZAKHSTAN (based on materials of the election campaign for the elections of the Mazhilis of Kazakhstan 2023)

The article notes that the institution of elections is one of the important elements of state security in any state. In this regard, it is common practice to enshrine in national electoral legislation provisions aimed at ensuring law and order in various spheres of life. Anti-corruption norms occupy a special place in electoral legislation. The article notes that the institution of elections is one of the important elements of state security in any state. In this regard, it is common practice to enshrine in national electoral legislation provisions aimed at ensuring law and order in various spheres of life. Anti-corruption norms occupy a special place in electoral legislation. According to the author, the enshrinement of anti-corruption responsibilities in the electoral legislation is connected to a greater extent not with electoral law, but with the legislation defining the legal status of deputies and elected officials. The author examines the features of establishing anti-corruption responsibilities in the legislation of the Republic of Kazakhstan, as well as electoral practice. In most cases, the judicial authorities decided to uphold the decision of the relevant election commission to cancel the registration of a candidate. Moreover, in a number of cases, candidates managed to overturn the decision of the election commission to refuse registration. An analysis of electoral practice led to the conclusion that in most cases, many offenses in the area under consideration were the result of candidates’ legal illiteracy, their inattention, and the amount of unreliable information was most often insignificant. In this regard, it is concluded that the legislation should allow election commissions and judicial bodies to more widely use their own discretion when resolving such cases.

Alleged Violation of Article 17 of Law Number 5 of 1999 Regarding Transportation Management Services for Shipping (Export) of Clear Lobster Seeds, Decision Number 04/KPPU-I/2021 Decision Date 09 June 2022

This study examines the alleged violation of Article 17 of Law Number 5 of 1999 related to the transportation management services for the delivery (export) of clear lobster seeds, based on the Decision of the Business Competition Supervisory Commission (KPPU) Number 04/KPPU-I/2021 dated June 9, 2022. In this case, there are strong indications that several business actors have carried out unhealthy market control practices, which have a negative impact on business competition in the transportation management sector for clear lobster seeds in Indonesia. This study analyzes the impact of the alleged violations on business actors, service quality, innovation, and the development of the national fisheries sector. The conclusions drawn emphasize the importance of law enforcement and regulatory reform to maintain healthy competition in this sector. Recommendations provided include stricter law enforcement, regulatory reform, increased innovation, and protection for small business actors and fishermen affected

The Rule of Reason Approach in Discriminatory Practices: Airlines and Telecommunications Industry Sector

Discriminatory practices are standard in business competition and are not prohibited as long as they do not cause unfair competition. This paper will discuss three Business Competition Supervisory Commission (KPPU) decisions in 2020 related to alleged discriminatory practices committed by business actors. The subject matter in this paper is how the actions of business actors can fulfil the elements of violation and how the application of the rule of reason approach in Article 19 letter d of the Competition Law (1999) in the 2020 KPPU Decisions. This research is descriptive normative research. The data used in the book, articles, the new paper analyzed the Competition Law (1999), the Airlanes law (2009), the Electronic Information and Transactions Law (2008, amendments 2016 & 2024), and the Hajj and Umarah Law (2019), as well as interview an expert and KPPU. The interesting findings found that acts of discrimination cause obstacles in vertical business relations in different but interrelated relevant markets and often occur in the essential facilities sector. By using the rule of reason approach, KPPU found that discriminatory practices will be more effective if the business actor is in a dominant position or even occupies a monopoly position. Then, the three decisions in this discussion are equally suspected of violating Article 19 letter d on discriminatory practices. Then, related to the relevant market, the three cases have different markets, and also all three have vertical relationships with other business actors.

Environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine

The article examines the environmental and legal aspects of the armed aggression of the Russian Federation against Ukraine. The problems of bringing the aggressor state to responsibility for ecocide are analyzed. Having found a legislative enshrinement in the national criminal law (Article 441 of the Criminal Code of Ukraine), ecocide has not been enshrined in international criminal law. It is not recognized as a crime either in the Rome Statute of the International Criminal Court or in any other international legal act. As of today, Russian crimes against the environment can be investigated by the International Criminal Court as war crimes. The author of the article supports the proposal regarding the need to include the crime of ecocide in the Rome Statute. The ecological and legal aspect of the formation of an international compensation mechanism is studied, the components of which are: 1) an international register of damages; 2) compensation commission (which will consider individual applications for compensation by the Russian Federation for losses from citizens, companies and the state); 3) compensation fund (which will accumulate funds to pay commission decisions, including at the expense of confiscated Russian assets). The mechanism of compensation for environmental damage caused as a result of the armed aggression of the Russian Federation against Ukraine is analyzed, and ways of its optimization are proposed. The future compensation mechanism should be based on the «ecosystem services approach», which will significantly increase the amount of environmental damage that the Russian Federation will pay to Ukraine. The international practice of compensation for environmental damage caused by the aggressor as a result of military actions and temporary occupation was studied and analyzed. The author emphasized the need to reform the state environmental monitoring system. Without reliable monitoring data, it is difficult to prove a causal relationship between the illegal actions of the aggressor state and the damage caused to the environment.

대체복무제의 개선방향에 관한 소고

It is meaningful to look back on the current alternative service system at the present time, three years after the alternative service system was implemented. In particular, considering that there is still controversy over the punishment of the alternative service system, it is necessary to reconsider what direction the alternative service system should have in the future. Currently, alternative service personnel in Korea are serving in correctional facilities for 36 months, twice the length of active military service, which is longer than the maximum difference between the general military service period and the alternative service period in Armenia, which the European Court of Human Rights called punitive. In addition, in Armenia, it was controversial that the place of service should be at the workplace 24 hours a day, even though the place of service was various private institutions such as orphanages, nursing homes, mental health institutions, and facilities for the disabled. In Korea, the form of having to serve in a single place called correctional facilities and camp service can be even more problematic. In fact, although there are no uniformly established standards under international law regarding the period of alternative service, according to the recommendations of the Ministerial Committee within the European Council and the decisions of the UN Human Rights Commission, it is mentioned that the period of alternative service should be within a reasonable range that is non-punitive. In addition, among the countries implementing alternative service, the largest difference in period of less than 1.5 times was found. And the European countries have alternative service institutions in various fields, such as social welfare, health, culture, religion, peace, education, the environment, and emergency rescue, and Korea also needs to prepare a variety of service institutions as possible in addition to correctional facilities. In addition, in terms of diversifying service types, it is necessary to consider a method of distinguishing between the types of service that can be served as non-combatants within the military and the types of alternative service of civilians outside the military. Lastly, considering that there are countries that have abolished the interview survey in the process of applying for alternative service, and this was a measure of respect for the freedom of conscience of conscientious objectors, I think Korea needs to consider discussing it in the long run.

KELEMBAGAAN DAN KEWENANGAN PENGADILAN NIAGA TENTANG UPAYA HUKUM KEBERATAN TERHADAP PUTUSAN KOMISI PENGAWAS PERSAINGAN USAHA

Article 24A (5) of the 1945 Constitution regulates the composition, position, membership, and procedural law of the Supreme Court and subordinate judicial bodies. Initially limited to bankruptcy, postponement of debt payment obligations (PKPU), and commercial matters by Law Number 37 of 2004, the jurisdiction of the Commercial Court has expanded through other laws. This expansion raises two key issues: (1) The need for legal remedies for objections to decisions of the Competition Supervisory Commission (KPPU), and (2) The competence of the Commercial Court to address these objections. This research uses a normative juridical method, suggesting that legal remedies for objections to KPPU decisions should be regulated in a separate law, addressing decisions from institutions beyond the judiciary’s jurisdiction. The procedural aspects for contesting KPPU decisions, outlined in Article 45 of the Omnibus Law Number 6 of 2023, should first be determined within the competence of the Commercial Court as regulated by law. The current institutional arrangements and authority of the Commercial Court, as outlined in the Bankruptcy and PKPU Laws and laws on Intellectual Property Rights, should be revised through a dedicated Law on Commercial Courts. This law should define the court's structure, powers, procedural rules, and set time limits and sanctions for case resolution at both the Commercial Court and the Supreme Court.

The Legal Nature of Integrity Commission's Decisions

مستخلص اناطة القانون لهيأة النزاهة اختصاصات متنوعة بالإضافة الى اختصاصها الرئيسي المتمثل في التحقيق في قضايا الفساد لتحقيق اهدافها في منع ومكافحة الفساد , وتتولى ممارسة اختصاصها من خلال مجموعة من الاجراءات والقرارات سواء تلك الصادرة من الهيأة ذاتها باعتبارها سلطة ادارية فيما يتعلق بتنظيم ادارة الهيأة وكادرها الوظيفي او المتعلقة التحري عن قضايا الفساد , او تلك الصادرة من قضاة التحقيق المنتدبين لمحكمة تحقيق هيأة النزاهة في مرحلة التحقيق الابتدائي , اذ تختلف الطبيعة القانونية لقرارات الهيأة تبعا لكل مرحلة وجهة اصداره والغاية من اصداره . كلمات مفتاحية: هيأة النزاهة، الفساد، التحقيق، القرارات، الطبيعة القانونية

Double Dutch: Illumina/GRAIL, Article 22 and the General Court

This article explores the jurisdictional issues underlying the decision of the European Commission to review Illumina’s acquisition of GRAIL. It marked the first the time the Commission investigated an acquisition where the target had no activities in the EU; nor indeed any nexus to any individual Member State. The decision to review a concentration where the target had no EU revenues was premised on a re-interpretation of Article 22(1) of the EU Merger Regulation, which allows Member States to request the Commission to examine a concentration. This interpretation is intended to expand the jurisdictional reach of the regulation to capture transactions involving companies with low turnover, but high competitive potential in the internal market, in cases where neither EU nor any Member State merger control thresholds are met. The General Court upheld the Commission’s position on Article 22 jurisdiction, but the judgment is on appeal to the Court of Justice. This article argues that the Court should overturn the earlier ruling on the basis that the GC was mistaken in its approach to Article 22, in view of its history and purpose. It also considers that flaws in the conduct of the procedure which deprived the merging parties of due process warranted an annulment of the decision to open an investigation. Moreover, this article calls out the incompatibility of the Commission’s application of Article 22 in Illumina/GRAIL with international law concepts of comity, fairness and sovereignty.

중앙노동위원회의 재심판정에 대한 취소소송의 가구제

Whether it is an individual labor relationship or a collective labor-management relationship, these disputes have a civil legal nature, so they naturally fall under the realm of civil procedures. However, the Labor Relations Commission was established to provide quick and simple rights relief, and since the decisions of the Labor Relations Commission were in the nature of disposition, ultimately, lawsuits filed through the Labor Relations Commission fell under the Administrative Suit. Accordingly, Revocation Litigation for the National Labor Relations Commission's decision on review is formally an administrative suit that contests the illegality of the Labor Relations Commission's decision, and the Administrative Litigation Act is applied. However, in reality, it has a very unique structure in which labor law is applied in that it deals with legal disputes between workers (or trade unions) and employers. Meanwhile, under the current law, there is no system that guarantees the legal status of the plaintiff not only at the Labor Relations Commission stage but also at the Administrative Suit stage. Accordingly, cases where Provisiona relief is possible when filed through a civil procedure become impossible when filed through an Administrative Suit, making the legal status of workers unstable. Additionally, it is very difficult to meet the requirements for Suspension of Execution, which is Provisiona relief under the Administrative Litigation Act, and even if the requirements are met, there is usually no benefit in applying for Suspension of Execution for disposition of refusal. And with regard to provisional disposition, the Supreme Court does not allow provisional disposition in Revocation Litigation on the grounds that there is no provision for provisional disposition in the Administrative Litigation Act. Therefore, if a worker who has been unfairly dismissed by an employer disputes the validity of the dismissal with an Administrative Suit or files a lawsuit to confirm employee status, he or she can apply for provisional disposition. However, the reality is that if you go through the Labor Relations Commission and file a Revocation Litigation for the National Labor Relations Commission's decision on review with the Administrative Suit, you cannot apply for any Provisiona relief. Our Constitution recognizes the people's right to seek trial as one of their fundamental rights. This means that appropriate rights relief must be provided through trial to citizens whose rights have been violated, and that appropriate rights relief is provided means that the conclusion desired by the plaintiff must be reached at the desired ‘time.’ Therefore, even if an Administrative Suit is filed against an employer's unfair dismissal or unfair labor practice, Provisiona relief should be granted just as in the case of filing a Civil Procedure. Specifically, a worker or employer can apply for Suspension of Execution in Revocation Litigation for the National Labor Relations Commission's decision on review. Regarding Provisional Disposition, unfair dismissal relief Revocation Litigation can use Provisional Disposition for payment of wages, Provisional Disposition for preservation of worker status, Provisional Disposition for prohibition of work interference, Provisional Disposition for suspension of effect for disadvantageous disposition, etc. In unfair labor practice relief Revocation Litigation, it is possible to use provisional disposition for collective bargaining compliance, provisional disposition for exclusion of interference with violation of right to organize, and provisional disposition for workplace lockout.

ON THE QUESTION OF THE NECESSITY TO EXPAND THE LIST OF EXECUTIVE DOCUMENTS (IN CASE OF OUT-OF-COURT SETTLEMENT OF DISPUTES)

This article is devoted to the issues of improving the current legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of expanding the list of enforcement documents. As is known, the executive document, due to its qualities endowed by law, represents the basis for the commencement of enforcement proceedings. Currently, the problem is that the Law of the Republic of Kazakhstan “On Enforcement Proceedings and the Status of Bailiffs”, while establishing a closed list of enforcement documents, does not provide for the inclusion in this list of other types of documents that at the present stage of development of legislation could be considered as enforcement documents, having the force of enforcement and which could simplify civil circulation and the procedure for restoring the subjective rights of individuals. Thus, the purpose of this article is to consider the need and possibility of expanding the range of executive documents. The article analyzes the norms of legislation of the Republic of Kazakhstan, as well as international agreements governing executive documents. The author, using the method of analysis, the formal legal method, methods of systematization and modeling makes a conclusion as a result of the research, about the need to improve the legislation of the Republic of Kazakhstan in the field of enforcement proceedings in terms of the rules governing executive documents by including a mediation agreement, notarized agreement about resolving a dispute by negotiations, agreements on the payment of alimony, decisions of the conciliation commission and labor arbitration, as well as decisions of the Eurasian Economic Commission into the list of executive documents.

California Gas: A Brief History and Recent Events

The author discusses recent developments and ongoing issues related to regulatory authorities, contracts and pipeline matters affecting the gas industry in California, in comparison to elsewhere in the United States and Canada. Included is a review of some of the more important decisions of the Federal Energy Regulatory Commission, the California Public Utilities Commission and the National Energy Board. This paper is solely the work of the author. The views expressed herein do not necessarily represent the views of the author's firm or any client of that firm.

Features of gynecological status and concomitant morbidity in menopausal women with resistant rheumatoid arthritis and obesity

Oftentimes, women with RA experience remission during pregnancy. The beneficial effect of pregnancy on the RA course is associated with a specific hormonal status, including high levels of estriol and progesterone that have known anti-inflammatory effects. After childbirth, decreased endogenous production of steroids can trigger the onset or exacerbation of RA.Objective. Studying of the characteristics of the gynecological status and concomitant extragenital diseases in postmenopausal women with rheumatoid arthritis (RA) depending on the presence of obesity.Materials and methods. 394 postmenopausal women with RA (diagnosed according to ACR/EULAR 2010 criteria) were included. By decision of the medical commission, all patients were approved for therapy with genetically engineered biological drugs and/or JAK kinase inhibitors. Before inclusion in the study, all patients had a detailed medical history, an allergic history, registered comorbidities, and a physical and laboratory-instrumental examination. Depending on the BMI values, the study participants were divided into groups. Group A included 103 obese patients of any severity (BMI ≥ 30 kg/m2). Group B included 291 women with BMI <30 kg/m2. Patients with an inflammatory process were found to have groups of inflammation by age and duration of RA (p > 0.05).Results. In patients of group A, more often than in patients of group B, comorbidities were detected: hypertension (p < 0.0001), coronary heart disease (p = 0.03), history of “vascular accidents” (p = 0.0009), especially acute cerebrovascular accident (p = 0.004), type 2 diabetes mellitus (p = 0.0005), which manifest themselves over the age of 45, that is, during the perimenopause. When correcting the gynecological history data, he draws attention to the fact that group A patients are more likely to operate surgically and on the pelvic organs: more had the uterus removed (p = 0.002) or ovarian resection was performed (p < 0.0001), and the frequency of surgical menopause in group A was higher than in group B (p = 0.0009). The debut of RA on average chronologically coincided with the onset of menopause (p = 0.01). At the same time, in the average age of the onset of menopause, it is rare (p > 0.05). The number of women who had a history of pregnancy, childbirth, miscarriages and abortions in the groups were repeated (p > 0.05). But in group A, the average number of pregnancies (p = 0.003) and abortions (p = 0.004) per woman was higher than in group B.Conclusion. The results of the study revealed the identification of clinical manifestations of inflammation and the severity of rheumatoid arthritis, depending on the presence of concomitant obesity in postmenopausal women, as well as a rarer occurrence of osteoporosis in women with RA and concomitant obesity.

Restriktivni sporazumi kao oblik povrede konkurencije u Srbiji - teorija i praksa

Restrictive agreements are agreements among market participants that significantly restrict, distort or prevent competition. This paper aims to elucidate the concept of restrictive agreements as a form of competition infringement within the scientific, professional and business-legal communities. The paper systematizes the definitions of this concept and examines the relevant laws and regulations governing it. Additionally, the paper will analyze and evaluate the efficacy of the Commission for the Protection of Competition, highlighting both its strengths and weaknesses in making decisions on the prevention of monopolies. Through an analysis of the commission's decisions concerning companies operating within the territory of the Republic of Serbia, this paper identifies challenges and proposes solutions to enhance the Commission's effectiveness.

Powers of the Election Commission of a Constituent Entity of the Russian Federation to Determine the Organizational Basis for Municipal Elections: Peculiarities of Regional Legislation

The article deals with the issue of empowering territorial election commissions to prepare municipal elections. The abolition of municipal election commissions has created a situation in which regional legislation gives different answers to the question of whether the territorial election commission acquires the authority to organize municipal elections by virtue of law or by virtue of a decision of the regional election commission. The consequences of one or another variant of the answer are considered. In this regard, the composition of the powers and the role of the election commission of the constituent entity of the Russian Federation in determining the organizational basis of municipal elections becomes problematic. By comparative analysis of the laws of the constituent entity of the Federation on the organization of municipal elections and the laws defining the powers of regional election commissions, the author identifies three groups of subjects of the Federation, which present three different conceptual approaches to the possibility of influencing the organizational basis of municipal elections at the regional level. The article compares the procedure for assigning powers for the preparation of municipal elections, which was in force until 2022 and had a dispositive character, and the procedure for the acquisition by territorial election commissions of municipal electoral powers, which began to operate in March 2022 and demonstrated regional variability in different subjects of the Russian Federation. The author concludes on the preservation of constituent entity of the Russian Federation of discretion on the assignment of powers to organize municipal elections to the territorial election commissions and after March 2022 in the electoral legislation. Suggestions are expressed regarding the possibility of changing approaches to financing municipal elections.

The Destruction and End of Yee Village Settlement of Nso Fondom in Cameroon, 1975

This paper presents the destruction and abrupt end of the Yee village settlement of the Nso fondom in Cameroon in 1975. It argues that the event came as a consequence of the government’s effort to provide potable water to the entire Kumbo town and its neighborhood populace. The decision to get the inhabitants of Yee (Kumbo water catchment intake zone) displaced was taken by the Technical Commission placed in charge of the water supply scheme and was to be implemented by the Cameroon government. Efforts to get the inhabitants peacefully relocated, compensated, and resettled failed. They rejected all displacement offers and vowed to continue to inhabit the catchment basin. Forceful eviction came as the only option for the full implementation of the decision of the Technical Commission. This paper reveals that the refusal of the inhabitants to quit Yee was dictated by their attachment to their material investments and ancestral rights and that their eviction was done with impunity and then code-named “Ngwerong action.” The Fon gave the green light but stood with the Divisional Officer at a distance and watched masked Ngwerong elements supervising the action. There exists some literature on the circumstances that led to the accomplishment of the Kumbo Water Project, but little attention has been paid to the root causes that prompted the destruction and complete extermination of the once-flourishing Yee village. In researching this issue, we used both qualitative and quantitative methodologies. We contacted informants and had personal communication with them especially some of the victims including Nso elites and notables. To ensure credibility of information gathered through oral ninterviews, we used the quintodiamentional questioning approach. We equally gathered information related to the issue existing in isolated form from published works to complement information from primary sources. Primary data was collected using structured questionnaires. Some credible facts and figures were also collected from both private and public archives.

The international skating union ruling of the CJEU and the future of CAS arbitration in transnational sports governance

One of the least visible and yet potentially most consequential findings in the trio of decisions related to transnational sports governance rendered by the Grand Chamber of the Court of Justice of the European Union (CJEU) on 21 December 2023 concerns the Court of Arbitration for Sport (CAS). It is relatively easy to overlook, as it is tucked away in the much-less scrutinized International Skating Union (ISU) judgment of the Court. Yet, as will be argued at the end of this article, the CJEU’s conclusions regarding the bindingness of CAS arbitration are consequential and will limit the function of the CAS as a kind of safety valve for the Olympic Movement. First, the article traces how the CAS became part of the ISU case in the original decision of the European Commission (EC). Thereafter, I discuss why the General Court (GC), when reviewing the ISU decision, annulled the part dedicated to the CAS, as well as the position of Advocate General (AG) Rantos in his Opinion, which mostly endorsed the GC’s findings. This section is followed by a discussion of the main tenets of the ruling of the Grand Chamber. The final part provides a general assessment of the impact of the decision on the CAS and on the future of transnational sports governance.

HTA347 Exploration of the Factors Driving Decisions of the Transparency Commission Based on an Analysis of HAS Meeting Transcripts Using Natural Language Processing

HTA347 Exploration of the Factors Driving Decisions of the Transparency Commission Based on an Analysis of HAS Meeting Transcripts Using Natural Language Processing

Analysis of the Relationship Between Knowledge Management and Project Management

The economic value of all projects is well known nationally and internationally, yet many economic actors fail to give enough voice to project experts at the strategic level. The climate emergency, the global pandemic, the decisions of the European Commission and the European Parliament, and the post-Brexit environment have created a perfect storm when companies plan their mid- and long-term strategies. For this competition, ADI ITI Danube Delta built the first national strategy development tool. Under the motto of this mechanism, below I present the methodology of knowledge management and the projects developed in the ITI Danube Delta region.

The constitutional right to education as a mechanism for guaranteeing the personal freedom of a person and a citizen

The article analyzes and singles out a scientific problem related to the constitutional right to education and guarantees of its protection in the context of European integration processes. Based on the standards of national and international legislation, the place of the right to education in the system of human rights and its relationship with the catalog of constitutional rights and freedoms was investigated. A proper definition of the constitutional right to education is proposed.
 Particular attention in the article was devoted to the issue of the entry of education into the European space. In order to effectively implement the right to education, particularly in the context of globalization and European integration processes, the education system is being reformed and modernized, including the legal sphere, and its adaptation to European standards.
 The Association Agreement between Ukraine and the European Union is of particular importance for the process of European integration in education. It was found out that the Ministry of Education and Science pays considerable attention to reforms in the field of education and science, including in wartime conditions.
 The constitutional guarantees that make up the content of the constitutional right to education and its protection are analyzed. In particular, attention is devoted to a special guarantee - the protection of the constitutional right to education. Thus, based on the results of the research of the domestic judicial practice and the professional activity of the European Court of Human Rights, the essence and content of the guarantees of protection of the right to education were clarified.
 Analyzing the current judicial practice, it was established that the most frequent reasons for appeals are the following: refusal to recognize a document on higher education (including the procedure for recognizing a foreign educational document by Ukrainian authorities); violation of the rights to higher education by normative legal acts of the executive power, local self-government bodies and other authorities; appeal against the decisions of the appeal commission of the Ukrainian Center for the Evaluation of the Quality of Education, regarding the refusal of registration or violations during the conduct and results of the external independent evaluation; availability of external independent assessment and sufficient education of students regarding this process.