Tymoshenko M. Legal regulation of economic activity of higher education institutions: theory and practice.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U101289

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

08-05-2021

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to research of the mechanism features of economic and legal regulation activity of HEE in modern Ukraine. Considerable attention is paid to a comprehensive scientific and legal study of the right to education as one of the fundamental constitutional human rights and features of its implementation in a HEE. It was made the analysis of the HEE system as an institutional mechanism basis realizing the right to higher education. It was justified and covered the basic principles of the concept of HEE multifunctionality as a doctrinal and legal basis of the mechanism of economic and legal regulation of their activity. It was synthesized the specifics of the state regulatory influence on the sphere of economic activity of the HEE. The following range of issues is covered in detail: the concept, mechanism and forms of state regulation of economic activity of a HEE, features of state regulation of a HEE, peculiarities of the procedure of liquidation of a HEE, the institute of their economic and legal responsibility. It was studied the theoretical bases of definition of the economic and legal status of a HEE as the subject of economic activity. It was clarified the economic and legal competence, organizational and legal forms of a HEE functioning in Ukraine. It was made the analysis of the financial and property basis of a HEE activity in the context of its normative-legal provision. Particular attention is paid to the analysis of contractual and non-contractual forms of interaction of HEEs with other business entities, as well as to clarify the features of the legal regulation of economic activity of HEEs of various forms of ownership. The problems of using the world experience of legal regulation of HEEs were comprehensively covered, features of the European experience of legal regulation of economic activity of HEE we revealed as well. It was analyzed in details the ways and means of improving the legal regulation of economic activity of HEE in the context of reforming the educational legislation of Ukraine.

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