ScienceRise: Juridical Science (2017-12-01)

Qualification: the legal category of higher education - comparative analysis of legislative sources

  • Irina Alieksieieva

DOI
https://doi.org/10.15587/2523-4153.2017.119861
Journal volume & issue
Vol. 0, no. 2 (2)
pp. 50 – 53

Abstract

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The adoption of the new version of the Law of Ukraine "On Higher Education" (2014) was a consequence of the state's efforts to implement the European standards of education in Ukraine. Purpose. Scientific and analytical study of the definition of qualification under the legislation on higher education, as a criterion for the professional level of a graduate of a higher educational establishment. Methods. In the course of the study bibliographic, linguistic, substantive-legal and comparative-legal methods were used. Results. From our analysis, it is seen that both in international and national standards, the concept of "qualification" applies in two aspects, namely: as a result of academic education and as a result of professional training in other forms, which results in certain differences in its articulation depending on from the scope of application. In our opinion, the concept of "qualification" in the Law of Ukraine "On Higher Education" is the most concretised, unambiguous and understandable, reflecting its substantive content, namely, competence in accordance with higher education standards, rather than general references to the type and degree of professional training, and the more so on the document, as the form of its fixation. Conclusions. The above shows that the notion of "qualification" under the current national legislation on higher education is of no significance to the general definition, but the cross-cutting legal category, the cornerstone institutional criterion for defining fundamental approaches to the forms and principles of the organization of higher and vocational education, interdisciplinary and inter-branch relations, as well as comparing national and international standards of education / training and professional levels. With regard to the definition of "qualification" (in the context of higher education), we see it appropriate to supplement it, taking into account the statutory tasks of the higher school, with regard to the formation of not only the professional competences of the graduate (future specialist), but also his civil, moral, ethical and other personal qualities. According to international official documents and national normative acts, the definition of "qualification" exists in two dimensions: academic / educational and professional, which differ to a certain extent by the wording. In order to ensure a unified and stable inter-sectoral, inter-level understanding, interpretation and application, it is considered appropriate to unify and standardize it according to the rules of legal technique, based on the articulation of this concept for higher education

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