Journal of Modern Science (Jul 2018)

Financial support for participants of doctoral studies with academic degrees

  • Łukasz Kierznowski,
  • Paweł Sobotko

DOI
https://doi.org/10.13166/jms/93274
Journal volume & issue
Vol. 37, no. 2
pp. 367 – 390

Abstract

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Objectives The publication critically analyzed the legal regulations related to the provision of financial support for participants of doctoral studies in Poland. The aim of the article was to indicate the possibility of abuse of this help by people who already have academic degrees and are participants in doctoral studies. Material and methods The analysis covered legal regulations of various rank (laws, and other downstream regulations) referring to third-cycle studies and particular types of scholarships for PhD students. Therefore, the analysis and exegesis of legal norms, referring to various benefits of financial support, using different methods of interpreting the law was made. The "adequate application" of the provisions on financial support for students with regard to PhD students was examined. The relationship between the constitutional principle of autonomy of higher education and the rights and freedoms of individuals (doctoral students) was considered. Results According to the authors, when interpreting the norms in force de lege lata, one should refer to their historical context and to their teleological interpretation rather than grammatical interpretation. Conclusions De lege ferenda pointed out the need to ensure greater clarity of legal regulations in the field of science and higher education, and also to shape them in such a way that they would be in accordance with the norms of constitutional rank.

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