The author considers the grounds for criminalizing the violation of the right to education. It is noted that the latter should be understood as a coherent set of the most important objective reasons that allow the legislator, based on the assessment of individual traits of socially dangerous. It is stated that the grounds for criminalization should ensure causality between the objectively existing form of socially dangerous behavior and the criminal law prohibition established by a specific provision of the law. It is concluded that the public danger of violating the right to education is to ignore the legal status of a person in society and the state, distort the existing set of rights, freedoms and responsibilities of man and citizen, which are recognized by international regulations and guaranteed by the Constitution of Ukraine behavior, to introduce into the criminal law rules prohibiting its specific forms. In case of violation of the citizens’ right to education, the perpetrators create conditions for harm to the will, honor and dignity of the person, property, etc., and, as a result, endanger the normal development of society, as education is the basis of intellectual, cultural, spiritual, social, economic development of society and the state, in accordance with the Law of Ukraine "On Education".
The motives are differentiated for committing crimes under art. 183 of the Criminal Code of Ukraine. It is proved that such motives include: 1) personal motive – may occur when a person authorized to admit entrants to an educational institution is interested in the fact that a particular person was not admitted to study for reasons such as revenge, resentment, jealousy etc; 2) socially useful motive - may occur when a person deliberately does not allow the applicant to study, in advance considering the latter an unworthy member of society who does not deserve education due to lack of certain positive (within the imagination of the offender) qualities; 3) situational motive - refusal to admit an applicant to an educational institution due to a negative situation that arose suddenly (for example, sudden hostility to a stranger); 4. religious-national motive - occurs when the reason for refusal is the religious or national-ethnic views of the offender; 5) selfish motive - occurs when the requirement to pay for training is directly related to the desire of the offender to obtain material benefits; 6) combined motive - takes place when the grounds for refusal to admit a person to an educational institution are several motives at the same time.
The international legal and foreign experience of legal regulation of education is studied and it is found that the processes of Ukraine's entry into the European educational and scientific space and effective introduction of the Bologna system in educational institutions are impossible without proper counteraction to criminal acts violating the right to education in particular, corruption and other socially dangerous manifestations in the domestic education system. At the same time, unified approaches to such counteraction to Ukraine have not yet been introduced, and criminal legal means of influencing socially dangerous manifestations, which make it impossible to properly exercise citizens' right to education, are local, there are no unified approaches and consistency in protection against socially dangerous encroachments on the right to obtain a petition guaranteed by the Constitution of Ukraine.
