До питання про природу освітнього права
To a Matter of the Nature of Educational Law

Summary/Abstract: The paper focuses on the legal nature of educational law. The current trend is an increase in the arithmetic progression of the quantity of brunches of the legislation. However, an increase in the branches of the legislation does not automatically lead to an increase in the branches of law. And if a certain branch of law always corresponds to a branch of legislation, then a branch of legislation does not always reflect a certain branch of law. This is quite justified in relation to educational law. Despite the fact that the term “educational law” is recognized as well-established, the issue of the status of educational law remains controversial. The paper emphasizes that the transformation of views on the relative nature of educational law has come a long way from complete rejection of educational law, when it was considered only a sub-branch of administrative law to attempts to justify educational law as an independent branch of law. It is carried out analysis of different approaches for determining the legal nature of educational law, namely: as a sub-branch of administrative law, as a complex branch of law, as a legal array, as an independent area of research, as a discipline, as a special part of information law. The author pays special attention to highlighting the strengths and weaknesses of representatives of various fields in justifying the status of educational law. Attention is drawn to the fact that none of the supporters of the separation of educational law as an independent branch of law has proved and shown why the issue of legal regulation of educational relations should be considered outside of administrative law. It is emphasized the need to include in the curriculum a separate course “Educational Law” in the pedagogical sector of education and postgraduate studies. This is not about the formation of a unified approach to the teaching of discipline “Educational Law”. The subject and system of the discipline should be determined by the target audience, as well as current trends in education.

• Details
• Contents