The dissertation is devoted to the complex comparative research of the civil law regulation of relations in the field of education in Ukraine and the USA, the possibility, expediency and prospects of the USA positive experience implementation in the educational system of Ukraine are analyzed, in particular via such civil and legal institutions as personal non-property rights, legal entity, proprietary right, the right of obligation, the right of intellectual property, and the offers on the improvement of the legislation in force are also provided. It has been suggested to embody the system of the participants of the educational process by the levels: student, teacher, dean, rector and, not on the contrary, that is in place in the system of higher education of Ukraine at present. The principle of the student-centered education corresponds to the civil law approaches on the direction of the legislation to a person as the main subject of civil law. This principle is one of the reflections of the approach - person in centre, in the legal regulation of relations. The conclusion has been approved that the right of the teacher and student to the academic freedom, proclaimed in the Law of Ukraine "On Higher Education", by the legal essence are private namely, private non-property rights. The academic freedom contains two components: the right to teach freely (the academic freedom of the professor) and the right to study freely (the academic freedom of the student). Attaching to the student the right to the academic freedom is an important condition of the realization of student-centered education model of education, humanistic educational paradigm that provides the student with the freedom of choice in the process of professional training. Arguments have been advanced for the conclusion that the principle of the educational institution autonomy shall be considered together with the classical private law principle of the will autonomy of the civil law relations' participants, permissive rule and juridical equality of the parties, that anticipates the independent formation of the content of social relations, which these subjects start. The normative embodiment and implementation of this principle is the guaranty of the competent educational institution's participation in the civil law circulation. Historical periods of the limitation and intensification of the university autonomy as the private law principle of educational institutions' activity have been determined. Social and political, economic conditions at the different stages of the mankind development promoted decrease or increase of the university autonomy. The periods of the limitation of the institutional autonomy on the lands of modern Ukraine happened much more often and were longer than the periods of the intensification of the institutional autonomy (for example, during the operation of Alexander II University Charter (1863-1884). The higher educational institutions as the subjects of civil law have been classified by such criteria: by the form of ownership (private, municipal and state); by the procedure of foundation (legal entities of private law and public law); by the organizational and legal forms (institution and partnership); by the peculiarities of the legal status (national, that is, residents, and foreign, that is, non-residents).
