Administrative and legal relations for the provision of administrative guardianship in the field of higher education
Authors: Pushkaryova N. 
Published: September 2023

The state guarantees equal access to higher education. Due to the Chernobyl disaster, war, or other circumstances (death of both parents or deprivation of their parental rights, damage to health, which led to limitation of life activities and establishment of disability), we have entrants who do not have the opportunity to exercise their right to higher education on equal terms with other entrants who were not affected by these circumstances.

We have a number of legislative acts to regulate these relations to ensure equal access to higher education for socially disadvantaged population groups, among which the Constitution of Ukraine and the Law of Ukraine «On Education» are generally declarative in national legislation. The Law «On Higher Education» already specifies the subjects of administrative guardianship in the field of higher education, as well as their right to a specific type of administrative guardianship in the field of higher education. Exercising his right to equal access to higher education, the subject of administrative guardianship in the field of higher education applies to the institution of higher education with a request to provide a specific type of administrative guardianship in the field of higher education, the institution of higher education takes measures to provide administrative guardianship in the field of higher education. Relations arise, which should be called administrative-legal relations of administrative guardianship in the field of higher education. Why precisely administrative-legal relations, because firstly, these relations are regulated by the norms of administrative law, for example, the norms regulating the procedure for admission to an institution of higher education and relating to subjects of administrative guardianship in the field of higher education are created and approved by the Ministry of Education and Science of Ukraine, that is, by the central body of the executive power, secondly, in the presence of a wide range of rights, the student is in a certain subordination to the institution of higher education, so according to Article 63 of the Law of Ukraine «On Higher Education», the student of the institution of higher education undertakes to observe the statute and internal regulations of the institution of higher education, comply with the requirements for occupational health and safety, safety technology, industrial sanitation, and fire safety provided by the relevant rules and instructions, comply with the requirements of the educational (scientific) program (individual curriculum (if available), observing academic integrity, and achieve the study results determined for the corresponding level of higher education, thirdly, administrative guardianship in the field of higher education is provided at the expense of the state budget, fourthly, administrative-legal relations regarding the provision of administrative guardianship in the field of higher education arise in the presence of administrative-legal norms , which prescribe them. Institutions of higher education under the supervision of the Ministry of Education and Science of Ukraine, as well as persons who are entrants or students of higher education and wish to receive administrative guardianship in the field of higher education, are the subjects of administrative-legal relations regarding administrative guardianship in the field of higher education. This article is dedicated to the study of the topic of administrative-legal relations for the provision of administrative guardianship in the field of higher education, subjects, objects and legal grounds for the emergence, change and termination of these relations.