Law from 01.07.2014 № 1556-VII

This law establishes the basic legal, organizational and financial principles of higher education system, creating conditions for strengthening cooperation between governmental bodies and businesses with higher education institutions on the principles of autonomy of universities, combining education with science and industry to prepare competitive human capital for high-tech and The innovative development of the country, the self-fulfillment of the individual, the needs of the society, the labor market and the state in the qualified specialists.

Section I

GENERAL PROVISIONS

Article 1. Basic terms and their definition

1. The terms used in this Law are used in the following meaning:

1) the autonomy of higher education institutions – autonomy, independence and accountability of higher educational institutions in decisions regarding the development of academic freedom, organization of educational process, research, internal governance, economic and other activities, independent selection and placement within the limits established by this Law;

2) academic mobility – the opportunity to the participants of the educational process to learn, to teach, to train or to carry out scientific work in another higher education institution (research facility) in Ukraine or abroad;

3) Academic freedom – autonomy and independence of the participants in the educational process during an educational, scientific, educational, research and / or innovation activities carried out on the principles of freedom of expression and creativity, knowledge and information, research and use of their results and implemented Taking into account restrictions established by law;

4) accredited educational program – evaluation of educational programs and / or educational activities higher education institution for this program on the subject:

Conformity to the standard of higher education;

The ability to meet the requirements of the standard and achieve the results of the program declared in the program;

Achievement of the results of the program declared in the program;

5) higher education – a set of systematic knowledge and practical skills, ways of thinking, professional, philosophical and civic qualities, ethical values ​​and other competencies acquired in higher education (research institutions) in the relevant field of expertise for certain qualifications at levels Higher education that is more complex than the level of complete secondary education;

6) higher military educational institution (a higher educational institution with specific educational conditions) is a higher educational institution of state ownership that performs training at certain levels of higher education for students (students, students), adjuncts for further service in positions of officer (sergeant, Senior officers) or the commander’s staff in order to meet the needs of the Ministry of Internal Affairs of Ukraine, the Armed Forces of Ukraine, other military forces formed in accordance with the laws of Ukraine, central executive bodies and a special status, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, central executive body that implements the state policy in the sphere of state border, the central body of executive power,

7) higher education institution – a separate type of institution that is a legal entity of private or public law, acts in accordance with the license issued for conducting educational activities at certain levels of higher education, conducts scientific, scientific and technical, innovative and / or methodical activities, provides an organization Educational process and obtaining higher education, postgraduate education, taking into account their vocations, interests and abilities;

8) branch of knowledge – the main subject area of ​​education and science, which includes a group of related specialties, which are carried out vocational training;

9) The European Credit Transfer and Accumulation System (ECTS) is a transfer and accumulation system used in the European Higher Education Area to provide, recognize, confirm qualifications and educational components, and promotes academic mobility for higher education graduates. The system is based on determining the academic load of the higher education applicant required to achieve the defined learning outcomes and is accounted for in ECTS credits;

10) the founder of a higher educational institution is a state authority on behalf of the state, a corresponding council on behalf of a territorial community (communities), a physical person and / or a legal entity whose decision and at the expense of whose property a higher educational institution is established. The rights of the founder provided for by this Law shall also be acquired on the grounds provided for by civil law;

11) applicants for higher education – persons studying at a higher educational institution at a certain level of higher education in order to obtain the appropriate degree and qualification;

12) qualification – the official result of evaluation and recognition obtained when the notified institution has established that the person has attained the competencies (results of training) in accordance with the standards of higher education certified by the relevant document on higher education;

13) competence is a dynamic combination of knowledge, skills and practical skills, ways of thinking, professional, ideological and civic qualities, moral and ethical values, which determines the ability of a person to successfully carry out professional and further educational activities and is the result of studying at a certain level of higher education;

14) credit of the European Credit Transfer and Accumulation System (hereinafter – ECTS credit) is the unit of measurement of the amount of study load of the applicant of higher education necessary to achieve the (expected) learning outcomes. The volume of one ECTS credit is 30 hours. The load of one academic year per full-time tuition is, as a rule, 60 ECTS credits;

15) licensing – a procedure for recognizing the ability of a legal entity to carry out educational activities in a specific field at a certain level of higher education in accordance with educational standards;

16) educational activity – activity of higher educational establishments, which is carried out with the purpose of providing higher, postgraduate education and meeting other educational needs of higher education graduates and other persons;

17) educational (educational-vocational or educational-scientific) program – a system of educational components at the appropriate level of higher education within the specialty, which defines the requirements for the level of education of persons who can begin education under this program, the list of academic disciplines and the logical sequence of their study , The number of ECTS credits required for this program, as well as expected learning outcomes (competencies) that the applicant of the relevant higher education level must possess;

18) a person with special educational needs is a person with a disability who needs additional support for ensuring the acquisition of higher education;

19) learning outcomes – a set of knowledge, skills, skills, and other competences acquired by a person in the process of training in a certain educational-professional, educational-scientific program that can be identified, quantified and measured;

20) specialization is a component of a specialty determined by a higher educational institution and provides a specialized specialized educational or vocational or educational program for the training of applicants for higher and postgraduate education;

21) specialty – a component of the field of knowledge, which is carried out vocational training;

22) a stable fund (endowment) of a higher educational institution – the amount of funds or the value of other property intended for investment or capitalization for a period of not less than 36 months, passive income which is used by a higher educational institution in order to carry out its statutory activities in accordance with the procedure established by the benefactor; or A person authorized by him;

23) the quality of higher education – the level of knowledge, skills, skills and competences acquired by a person that reflects his competence in accordance with higher education standards;

24) the quality of educational activities – the level of organization of educational process in a higher educational institution, which corresponds to the standards of higher education, ensures the acquisition of high-quality higher education by individuals and promotes the creation of new knowledge.

Article 2. Legislation of Ukraine on Higher Education

1. The legislation of Ukraine on higher education is based on the Constitution of Ukraine and consists of the laws of Ukraine “On Education”, “On Scientific and Scientific-Technical Activity”, this Law and other normative legal acts, international treaties of Ukraine, concluded in the manner prescribed by law.

2. If international treaties of Ukraine, the consent of which the Verkhovna Rada of Ukraine has made binding, establishes rules other than those provided for by national legislation, the rules of international treaties shall apply.

3. The rights of a higher educational institution, which determine its autonomy, established by this Law, may not be restricted by other laws or regulations.

Article 3. State Policy in the Field of Higher Education

1. The State policy in the field of higher education is determined by the Verkhovna Rada of Ukraine, and implemented by the Cabinet of Ministers of Ukraine and the central executive authority in the field of education and science.

2. State policy in the field of higher education is based on the principles:

1) promoting sustainable development of society through the preparation of a competitive human capital and the creation of conditions for lifelong education;

2) availability of higher education;

3) the independence of higher education from political parties, public and religious organizations (except for higher educational institutions);

4) international integration and integration of the higher education system of Ukraine into the European Higher Education Area, subject to the preservation and development of achievements and progressive traditions of the national higher education;

5) continuity of the process of obtaining higher education;

6) state support for the training of specialists with higher education for priority sectors of economic activity, directions of fundamental and applied scientific research, scientific and pedagogical and pedagogical activities;

7) state support of educational, scientific, scientific and technical and innovation activities of universities, academies, institutes and colleges, in particular by granting privileges for payment of taxes, fees and other obligatory payments to higher educational institutions that carry out such activities;

8) promoting the implementation of public-private partnership in the field of higher education;

9) the openness of the formation of the structure and volume of education and training of specialists with higher education.

3. Formation and implementation of state policy in the field of higher education shall be provided by:

1) the harmonious interaction of national systems of education, science, business and the state in order to ensure sustainable socio-economic development of the state;

2) the preservation and development of the higher education system and the improvement of the quality of higher education;

3) the expansion of opportunities for higher education and lifelong education;

4) creation and provision of equal conditions for access to higher education, including provision of special educational needs for people with special educational and rehabilitation support and creation of free access to the infrastructure of a higher educational institution for them, taking into account limitation of life due to the state of health;

5) development of autonomy of higher educational institutions and academic freedom of participants in the educational process. The autonomy of a higher education institution necessitates such self-organization and self-regulation that is open to criticism, serves the public interest, establishing truths about the challenges facing the state and society is carried out transparently and publicly;

6) determination of the balanced structure and volume of training of specialists with higher education taking into account the needs of the individual, the interests of the state, territorial communities and employers;

7) ensuring the development of scientific, scientific and technical and innovation activity of higher educational institutions and their integration with production;

8) provision of privileges and social guarantees to persons studying in higher educational establishments in accordance with the procedure established by the legislation;

9) proper state support for the training of specialists from the number of people with special educational needs on the basis of creating for them free access to the educational process and provision of special educational and rehabilitation support;

10) creation of conditions for the right to work of graduates of higher education institutions to be guaranteed, guaranteeing equal opportunities in choosing a place of work, type of labor activity at enterprises, institutions and organizations of all forms of ownership taking into account the obtained higher education and in accordance with public needs;

11) introduction of mechanisms for stimulating enterprises, institutions, organizations of all forms of ownership to provide the first workplace for graduates of higher educational institutions.

4. The state promotes the development of higher education institutions as centers of independent thought.

Article 4. The right to higher education

1. Everyone has the right to higher education.

Citizens of Ukraine have the right to obtain higher education in state and communal higher educational institutions on a competitive basis in accordance with the standards of higher education if they obtain a certain higher education degree for the first time at the expense of the state or local budget.

Citizens of Ukraine are free to choose a higher educational institution, a form of higher education and a specialty.

The right to higher education is guaranteed irrespective of age, nationality, place of residence, sex, color, social and property status, nationality, language, origin, state of health, attitude to religion, the existence of conviction, and also from other circumstances. No one may be restricted in the right to higher education, except in cases established by the Constitution and laws of Ukraine.

Discrimination in the right to higher education does not constitute restrictions and privileges determined by the specific conditions of higher education due to the peculiarities of obtaining qualifications.

Higher educational institutions create the necessary conditions for obtaining high-quality higher education in order to realize the right to higher education for persons with special educational needs.

To realize the right to higher education for persons in need of social support in accordance with the legislation, full or partial financial provision of their maintenance is carried out during the period of their higher education at each educational level.

Citizens of Ukraine have the right to receive a higher education free of charge for a second specialty in state and communal higher educational establishments, if they lost the opportunity to perform official or official duties on the state of health for the qualification received earlier, which is confirmed by the conclusions of the medical and social expert commission, and In other cases stipulated by law.

2. Foreigners and stateless persons permanently residing in Ukraine, persons who have been granted refugee status in Ukraine, persons in need of additional or temporary protection, and persons who have been granted a status of a foreign Ukrainian and who are legally in Ukraine, Have the right to higher education on a par with the citizens of Ukraine. Higher education by these categories of persons for the state budget funds is carried out within the limits set by the Cabinet of Ministers of Ukraine.

Other foreigners and stateless persons can obtain higher education at the expense of physical (legal) persons, unless otherwise provided by international agreements of Ukraine, the consent to be bound by the Verkhovna Rada of Ukraine, laws or agreements between higher educational establishments on international academic mobility.

All persons who receive higher education in higher education institutions have equal rights and obligations.

Section II

LEVELS, STUDIES AND QUALIFICATIONS OF HIGHER EDUCATION

Article 5. Levels and Degrees of Higher Education

1. The training of specialists with higher education is carried out by appropriate educational-professional, educational-scientific, scientific programs at the following levels of higher education:

Initial level (short cycle) of higher education;

First (Bachelor level) level;

Second (master’s) level;

The third (educational-scientific) level;

Scientific level

The initial level (short cycle) of higher education corresponds to the fifth qualification level of the National qualification framework and involves obtaining a person of general cultural and vocational training, special skills and knowledge, as well as certain experience of their practical application in order to fulfill the typical tasks provided for primary positions. In the relevant field of professional activity.

The first (Bachelor) level of higher education corresponds to the sixth qualification level of the National Qualifications Framework and involves obtaining the person theoretical knowledge and practical skills and skills sufficient to successfully complete the professional duties of the chosen specialty.

The second (master’s) level of higher education corresponds to the seventh qualification level of the National qualification framework and involves gaining a person with in-depth theoretical and / or practical knowledge, skills, skills in the chosen specialty (or specialization), general principles of the methodology of scientific and / or professional activity, other competences, Sufficient for the effective performance of tasks of an innovative character of the corresponding level of professional activity.

The third (educational and scientific) higher education level corresponds to the eighth qualification level of the National Qualifications Framework and involves gaining the theoretical knowledge, skills, skills and other competencies sufficient to generate new ideas, solve complex problems in the field of professional and / or research and innovation Activity, mastering the methodology of scientific and pedagogical activity, as well as conducting own scientific research, the results of which have scientific novelty, theoretical and practical significance.

The academic level of higher education corresponds to the ninth qualification level of the National Qualifications Framework and involves the acquisition of competencies in the development and implementation of research methodology and techniques, the creation of new system-building knowledge and / or advanced technologies, the resolution of an important scientific or applied problem that has a national or World value.

2. Higher education at each level of higher education involves the successful completion by the person of a relevant educational (educational-professional or educational-scientific) or scientific program, which is the basis for awarding the corresponding degree of higher education:

1) junior bachelor;

2) bachelor;

3) Master;

4) Doctor of Philosophy;

5) doctor of sciences.

3. A younger bachelor is an educational-professional degree obtained at the initial level (short cycle) of higher education and awarded by a higher education institution as a result of successful completion of a higher education curriculum of an educational-professional program amounting to 90-120 ECTS credits.

A person has the right to obtain a Bachelor’s degree, provided that she has complete secondary education.

4. Bachelor is an educational degree obtained at the first level of higher education and awarded by a higher education institution as a result of successful completion of a higher education curriculum of an educational-professional program amounting to 180-240 ECTS credits. The volume of the educational-professional program for obtaining a bachelor’s degree on the basis of the degree of a junior baccalaureate is determined by the higher educational institution.

A person has the right to obtain a bachelor’s degree provided that she has complete secondary education.

5. Master’s degree is an educational degree obtained at the second level of higher education and awarded by a higher education institution as a result of successful completion of a relevant education program by a higher education student. A master’s degree is acquired through an educational-professional or an educational-scientific program. The volume of the educational and professional program of master’s studies is 90-120 credits ECTS, the volume of educational and scientific program – 120 ECTS credits. The educational and scientific program of the master necessarily includes a research (scientific) component of at least 30 percent.

A person has the right to obtain a master’s degree provided that she has a bachelor’s degree.

A master’s degree in medical, pharmaceutical or veterinary medicine is obtained on the basis of full secondary education and is awarded by a higher education institution as a result of successful completion of a higher education program by an applicant for a higher education program, amounting to 300-360 ECTS credits.

6. The doctor of philosophy is an educational and, at the same time, the first degree obtained at the third level of higher education on the basis of a master’s degree. The degree of Doctor of Philosophy is awarded by a specialized academic council of a higher educational institution or a research institution as a result of the successful completion of a relevant educational-scientific program by a higher education student and a public defense of a dissertation in a specialized academic council.

A person has the right to obtain a Ph.D. degree while studying at postgraduate studies (adjunctures). Persons who professionally carry out scientific, scientific and technical or scientific and pedagogical activity at their main place of employment, have the right to obtain a Ph.D. degree from a post-graduate course, in particular during a period of creative leave, subject to the successful completion of the corresponding educational-scientific program and public defense of the dissertation. In a specialized academic council.

The normative period of preparation of the doctor of philosophy in postgraduate studies (adjuncture) is four years. The volume of the educational component of the educational and scientific program of preparation for the doctor of philosophy is 30-60 ECTS credits.

Scientific institutions can prepare doctors of philosophy according to their own educational-scientific program in accordance with the received license for the corresponding educational activity. Scientific institutions can also prepare doctors of philosophy for an educational-scientific program coordinated with a higher education institution. In this case, the scientific component of such a program is carried out in a scientific institution, and the educational component – in a higher educational institution.

7. The Doctor of Science is the second degree obtained by a person at the scientific level of higher education on the basis of the degree of the Doctor of Philosophy and involves gaining the highest competencies in the field of development and implementation of the research methodology, conducting original research, obtaining scientific results that ensure the solution An important theoretical or applied problem, have a national or world significance and are published in scientific journals.

The degree of Doctor of Science is awarded by a specialized academic council of a higher educational institution or a scientific institution based on the results of public defense of scientific achievements in the form of a dissertation or published monograph, or on a set of articles published in domestic and international peer-reviewed journals, the list of which is approved by the central executive authority in the field of education And science.